Privacy Notice

PRIVACY NOTICE

This privacy notice is effective January 1, 2020.

This notice explains the types of personal information we collect from you either through certain interactions with us or that we obtain from third parties, how that personal information is used and shared, and how you can exercise your rights and manage certain preferences regarding this personal information. Please read this notice carefully and contact us if you have any questions.

Information Covered by this Notice

This notice applies to the personal information we collect from you through our Online Services that refer to or display a link to this notice. We offer certain Online Services, including:

Certain products, including software embedded in such products, that are designed to connect to the Internet Websites
Applications accessible through our websites, including certain applications accessible through a user account
Mobile application software that may be downloaded to your mobile phone, tablet, or other supported device
Cloud services accessible through all of the above

This notice also applies to offline interactions with us, such as submitting rebate claims by mail, registering your warranty information by mail, calling our customer service center, or otherwise interacting with us without using our Online Services, collectively "Offline Interactions". This notice does not apply to data that is not personal information. This notice does not apply to Online Services or Offline Interactions where a different privacy notice is provided in connection with such Online Service or Offline Interaction.

Your Consent

This privacy notice is not a contract between us; however, by using, accessing, or interacting with our Online Services or engaging with us in Offline Interactions, you consent to the collection, use, sale, and sharing of personal information that we receive from you through such use, access, and interactions with us as described in this notice. We may change or add to this privacy notice, so we encourage you to review it periodically.

Information We Collect

We collect information about you from a variety of sources, including personal information provided directly by you and the information we collect by automated methods when you interact with our Online Services.

Information Provided Directly By You

We collect personal information that you provide to us through our Online Services. For example: when you request information about or purchase a product or service through one of our websites or mobile applications; create accounts on our websites or mobile applications; apply for a job with one of our companies through our career site; subscribe for email reminders and content; request text alerts and mobile phone notifications; activate or use an internet-enabled product or service; submit an online entry in one of our sweepstakes or contests; submit rebates or coupons online; take an online survey; or submit information through any other interactive features of our websites, mobile applications, internet-enabled products, and services, or social media profiles. We collect personal information that you provide to us or that we otherwise obtain through Offline Interactions. For example: when you submit rebate claims by mail, register your warranty information by mail, call our customer service center, or otherwise interact with us without using our Online Services.

Information Automatically Collected

Each time you access or use our Online Services, we generate and collect certain information by automated methods and technologies, see the section below entitled "Technologies Used".

Technologies Used

We use certain methods and technologies to automatically collect and store certain types of information each time you interact with our Online Services, through your computer, mobile device, or other devices. Such automated methods and technologies can include, for example:

Cookies

We store cookies on your computer. Cookies are small text files that websites send to a visitor's computer or other internet-connected devices to uniquely identify the visitor's browser and store information or settings in the browser. Cookie information typically includes such data as your referring domain, type of internet browser, operating system software, screen resolution, date and time of visit and other technical data related to your visit. Cookies also track your preferences for features and functions. These cookies are used to collect information about how you interact with our Online Services and allow us to remember you. We use this information in order to improve and customize your browsing experience and for analytics and metrics about our visitors. Cookies can be used, for example, to provide you the convenience of not having to reenter information. To manage your cookie preferences see the cookie section below entitled "Managing Your Preferences".

Beacons

A web beacon, also known as an Internet tag, pixel tag, or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server. Web beacons can be used, for example, to provide you with content targeted to your interests.

Clickstream

Clickstream data is a log generated from content that you click while browsing our websites or using our mobile applications. As you click through our websites or use our mobile applications, a record of the action may be collected and stored.

Geolocation

Certain features of our Online Services may enable us to access and collect information about your geographic location via the Online Services or your device ("Location-based Features"). In order to use Location-based Features, you must give us permission to use your geolocation data through your device, which may be obtained through various means including GPS, IP address, or cell tower location. If you elect not to allow us to use your geolocation data or prevent the sharing of your geo-location data with us (either via the Online Services settings or the settings on your device), you may not be able to utilize certain Location-based Features, or the relevance to you of the information provided by certain Location-based Features may be reduced. Our Online Services may collect your precise (or GPS) location information from your device that has installed or accesses the Online Services even when such the Online Services installed on your device is closed or operating in the background and not visible to you.

How We Use Your Personal Information

We may use, sell, or disclose the personal information we collect from you as described in this notice for our business purposes, to manage our business and conduct operations, and take actions as permitted by, and to comply with, any legal or regulatory requirements. Such uses can include, for example:

Understanding your preferences and enhancing your experience with us
Developing, marketing, selling and providing products and services including through electronic and direct mail
Conducting surveys, research, and evaluations
Processing your job application through our career site
Personalizing your experience and delivering content, product, and service offerings relevant to your interests, including targeted offers and ads through our Online Services, third-party sites, and via email or text message (with your consent, where required by law)
Completing your request for services, information, and content, or support
Responding to your use of features on our websites, mobile applications, and internet-enabled products and services
Responding to your inquiries about our products and services, or employment with us
Informing you of special events, offers, or programs offered by us or with other selected companies
Improving our communications to you
Performing data analytics and obtaining other demographic information
Combining information collected from you with other information obtained or collected by us or a third party, including other personal and demographic information about you
Operating, evaluating, managing, improving, and developing our website, mobile applications, internet-enabled products and services, business and operations, and administering accounts
Detecting and protecting us and other third parties against error, negligence, fraud, theft and other illegal activities and to audit compliance with policies
Fulfilling or meeting the reason you provided the information
Processing your requests, purchases, transactions, payments, and preventing transactional fraud
Maintaining the safety, security, and integrity of our Online Services, products and services, databases and other technology assets, and business
Responding to law enforcement requests and as required by applicable law, court order, or governmental regulations
Evaluating or conducting a merger, 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

We also may use the personal information we collect from you as described in this notice in other ways for which we provide specific notice at the time of collection. We will not collect additional categories of personal information or use the personal information we collect for materially different, unrelated, or incompatible purposes without providing you notice. Also, we will use the data we collect through our career site only for hiring purposes, and no other purpose.

How We Share Your Personal Information

We may disclose your personal information to a third party for a business/commercial purpose (including, without limitation, as described in this notice for our business purposes, to manage our business and conduct operations, and take actions as permitted by, and to comply with, any legal or regulatory requirements) or sell your personal information, subject to your right to opt-out of those sales (see the section below entitled "Personal Information Sales Opt-Out and Opt-In Rights"). When we disclose personal information for a business purpose, we enter a contract that describes that purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. Certain state laws prohibit third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

We share your personal information with the following categories of third parties:

Affiliates and Related Parties

We may share personal information collected about you with any member company in the ScottsMiracle-Gro family of companies and other parties for which we act as an agent or service provider for pursuant to an agreement.

Select Companies

We may work with select retailers, business partners, and other companies at various times to provide expanded content, offers, or customizations. As part of such a relationship, we may share the personal information we collect about you with these companies. These companies may interact with your browser, collect, or have access to some or all of the personal information collected in connection with certain interactive functions offered through our Online Services or Offline Interactions.

Service Providers

We may use third-party service providers to perform certain functions or operations on our behalf and may share the personal information collected about you to allow such parties to perform these functions or operations. These third-party service providers may interact with your browser, collect, or have access to some or all of the personal information collected in connection with certain interactive functions offered through our Online Services or Offline Interactions. Examples include administering e-mail services, monitoring website activity, and running special promotions, such as online sweepstakes, contests, or surveys.

Business Transfers

Personal information may be a business asset transferred as part of a business transaction. We may share or transfer personal information collected about you in connection with the sale or transfer of a particular portion of our business or the sale or transfer of substantially all of our assets.

Compliance with Law or Protection

We may share personal information collected from about you based on a good-faith belief that such disclosure is necessary to comply with the law or protect us or others from harm, including the integrity of our Online Services or Offline Interactions, the users of our Online Services themselves, or the public.

Per Your Consent

We may share personal information collected about you in cases where you request us to do so. For example, if you ask us to provide your information to a third-party to facilitate the resolution of a dispute.

Third-Party Solutions

We may use third-party services and products in connection with the operation and management of our Online Services and content. These third-party providers help us with particular features, content, and analysis of how users access and use our Online Services. When you access or use our Online Services, certain information, such as your IP address, may be collected directly by these third-party providers. We or our third-party providers may also link your various devices so that content you see on one device may result in relevant advertising or content on another device, or the same device while visiting a third-party website.

For example, some of our Online Services participate in the Adobe Marketing Cloud Device Co-op to both better understand how you use our websites across the various devices you use, and to deliver tailored promotions. We may also use other third-party web analytics services, such as Google Analytics. To learn more about the privacy practices of Adobe, you may visit the Adobe Privacy Policy website. To learn more about the privacy practices of Google, you may visit the Google Privacy Policy website. To learn more about managing your preferences with respect to the Adobe Marketing Cloud Device Co-op or Google Analytics, see the section below entitled "Managing Your Preferences".

We may also from time to time contract with third-party providers to send direct mail to customers whom we think may be interested in our products or services. Third-party providers may pool the information that they collect from our Online Services with other sources of information, which may include your name and mailing address, for purposes of determining whether you might be interested in receiving direct mail.

Interest-Based Advertising

We may participate in interest-based and behavioral advertising. We allow third-party companies, such as ad networks, to collect certain information when you visit our Online Services. This information is used to serve ads for our products or services, or for the products or services of other companies when you visit our websites or other third-party websites. These third-party companies use non-personally-identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, hardware/software information, cookie and session ID) and personally identifiable information (e.g., static IP address) when you access websites in order to provide advertisements about goods and services likely to be of greater interest to you or advertising-related services, such as ad delivery, reporting, attribution, analytics, and market research. These third-party companies typically use a cookie, web beacon, or other similar tracking technologies to collect this information. To learn more about managing your preferences, if available, with respect to interest-based and behavioral advertising, see the section below entitled "Managing Your Preferences".

External Links

Our Online Services and Offline Interactions contain links to other websites that are not affiliated with us. We are not responsible for the privacy practices or the content of such websites. To help ensure the protection of your privacy, we recommend that you review the privacy notice of any site you visit via a link from our websites and mobile applications.

Social Media

Our Online Services may include social media features. Social media features may be hosted by a third party. Your interactions with those features are governed by the privacy policies of the companies that provide them. We may display targeted ads to you through social media platforms. These ads are sent to groups of people who share traits such as likely commercial interests and demographics. See the policies of each social media platform for additional information about these types of ads.

If you contact us on one of our social media platforms or otherwise direct us to communicate with you via social media, we may contact you via direct message or use other social media tools to interact with you. In these instances, your interactions with us are governed by this notice as well as the privacy notice of the social media platform you use.

User-Generated Content

We may make blogs, chat rooms, forums, message boards, and/or news groups available at various times on our Online Services. Any personal information that is disclosed in these features become publicly available and you should exercise caution when deciding to disclose your personal information in these features, including uploading photos.

Information Security and Transfer

We use reasonable security measures that are designed to help protect personal information that we collect from you through our Online Services and Offline Interactions from reasonably anticipated threats of unauthorized disclosure. While we use reasonable security measures that are designed to help protect your personal information from reasonably anticipated threats of unauthorized disclosure, the Internet is not 100% secure and we cannot and do not promise that your use of our Online Services or the personal information that we collect from you through our Online Services or Offline Interactions will be safe or secure. We encourage you to use caution when using the Internet.

We are headquartered in the United States. Information you provide to us or we collect from you will be processed in the United States on servers located in the United States. The United States is not currently considered by the European Union to provide an adequate level of data protection. We, therefore, rely on exceptions listed in the General Data Protection Regulation. In particular, we collect and transfer your personal information to the United States only: with your consent; in the context of your application for employment with us; to perform services under the contracts we have in place with you, or to fulfill a compelling legitimate interest of ours that does not outweigh your rights or freedoms. We strive to apply suitable safeguards to protect the privacy and security of your personal information and to use it only as described in this notice. Such personal information may be subject to disclosure under the laws of the United States. We also enter into data processing agreements and standard contractual clauses with our affiliates and vendors whenever feasible and appropriate. If you have questions about this processing or storage please contact us.

Managing Your Preferences

Interest-Based Advertising

Some browsers have a "do not track" feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not respond to browser "do not track" signals. You do have the option, if available, to opt-out of interest-based advertising. Not all ad networks or other third parties offer an opt-out option for interest-based advertising.

To learn more about interest-based advertising or the available opt-out for this type of advertising, visit the Network Advertising Initiative website and the Digital Advertising Alliance website. Options you select are browser and device-specific. To learn more about the Adobe Marketing Cloud Device Co-op, and to manage your choices relating to the linking of your devices, visit the Adobe Marketing Cloud Co-op website. To learn about opting out of Google Analytics, visit the Google Analytics website.

Cookies

You may modify your browser settings to disable the use of cookies. Please note, however, that, by doing this certain features on our website may not function correctly and you may be required to reenter your information more frequently.

Mobile

You can stop further collection of information by our mobile application by uninstalling the mobile application using the standard uninstall process available as part of your mobile device.

E-Mail

You may discontinue your receipt of future email communications by accessing the "manage your preferences or unsubscribe" link at the end of the email communication received and changing the preferences for the applicable content and/or email communication.

Account Information

You can update or modify the personal information you provided when registering your account on our website or mobile application by logging into your account and following the instructions provided to update or modify such information.

Direct Mail

To opt-out of receiving direct mail from us, you may send us an email at [email protected] indicating your desire to not receive direct mail from us.

Other Rights Regarding Your Personal Information

Personal Information Sales Opt-Out and Opt-In Rights

We respond in a timely manner to your questions, concerns, and complaints about the privacy of your personal information and our privacy and security policy and procedures. If you do not want us to use your personal information as described in this statement or if you wish to request access to your personal information we have on record in order to review and correct the information, please contact us by email at [email protected] or by mail at 3993 HOWARD HUGHES PKWY STE 250, LAS VEGAS, NV, 89169 - 6754, USA

California Privacy Rights

The California Consumer Privacy Act (CCPA) came into effect on January 1, 2020, and it reinforces the protection of personal information for California residents. If you are a California resident, please review the AeroGrow International Inc. Privacy notice for California Residents for more information about your rights under California law.

Non-Discrimination

We will not discriminate against you for exercising any of your rights provided by applicable law. Unless permitted by law, we will not:

Deny you goods or services
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties
Provide you a different level or quality of goods or services
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services

We currently do not provide financial incentives with respect to your personal information. However, in the future, we may offer you certain financial incentives permitted by law that can result in different prices, rates, or quality levels. Any permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

Children's Online Privacy

We do not knowingly collect or maintain information provided by children under the age of 18.

Changes to This Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice through one of our Online Services and update the notice's effective date. Your continued use of our website following the posting of changes constitutes your consent to these changes.

How to Contact Us

If you have any questions or comments about this notice, the ways in which we collect and use your information described here, your choices and rights regarding such use, or you wish to exercise your rights under applicable law, please do not hesitate to contact us by email at [email protected] or mail in care of Attn: Customer Service, 3993 HOWARD HUGHES PKWY STE 250, LAS VEGAS, NV, 89169 - 6754, USA

Effective Date: 1 January 2020

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