Privacy Policy/ Terms & Conditions

EFFECTIVE JANUARY 1, 2020

Overview

This website is operated by GardenTap. Throughout the site, the terms “we,” “us,” and “our” as well as “GardenTap” refer to GardenTap and “you” or “user” to refer to you or the person using the website.

The following explains our privacy policy with respect to user information.

CCPA Compliance

Starting on January 1, 2020, the California Consumer Privacy Act (“CCPA”) governs how businesses handle the personal information of California residents. We have updated our privacy policy to be in compliance with this latest guideline.

One of our core business values is that we treat your information with respect. We never sell or give away your data to third party vendors. Although our business does not fall under the requirements of the CCPA, we still feel it is right to inform you of how your personal data are used.

It is necessary for us to process your personal information to complete orders. We do not sell any of our user information, personal or otherwise, to third parties.

If you have any questions, comments, or concerns about how your data are handled in regard to CCPA regulations, please contact us at contact@gardentap.com.

GDPR Compliance

The General Data Protection Regulation (“GDPR”) compliance guidelines were updated on June 1, 2018. We have since updated our privacy policy as well to comply with the latest GDPR guideline.

What is GDPR?

The General Data Protection Regulation (GDPR) is a legal framework that sets guidelines for the collection and processing of personal information of individuals within the European Union (EU). For the legal details, click here.

While GDPR is specific to individuals and businesses in the EU, we are applying compliance protocols and opt-in/opt-out documentation across our programs.

You may opt-out of all of our marketing and information distribution at any time.

What Does This Mean to You?

Because GDPR is based on protecting your personal data and privacy, you can feel confident visiting our website. We’ve always treated your information with respect. You will see some extra legal language in our updated privacy policy.

Information We Collect

We may collect and process the following data about you:

Information You Provide to Us

You may give us information about you when you register with our website or by communicating with us through our website, by phone, by email, through social media, or otherwise. This includes information you provide when you create a customer account, use our services, provide us with feedback, place orders, when you report a problem with our website, or otherwise. The information you give us may include your name, company, address, email address, phone number, and credit or debit card details.

Information We Collect About You Based on Your Use of the Website

To improve our overall user experience and protect against bad actors such as hackers, we do follow standard practices of logging certain activities for site analytics and improvement. When you visit our website or use our app we may automatically collect the following information:

Technical Information

Technical information including the Internet Protocol (IP) address used to connect your device to the Internet, your login information, browser type and version, time-zone setting, operating system, device information (such as the model and version of your device), platform, and;

Information about your visit, including products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any data entered into the page during your visit

Email Address

We retain email addresses for Customer services and personalize marketing purposes. If you signed up for one or more of our marketing newsletters, you will receive it according to its regular schedule. Marketing newsletters are always an opt-in. If at any time you wish to unsubscribe from our emails, it is quick and easy to do that via the “unsubscribe” link at the bottom of each message you receive, or by contacting us a contact@gardentap.com. We will not sell or give a third party your email address.

Consent

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery, or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. It is necessary that we collect personal data mentioned above to complete the order.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your express consent, or provide you with an opportunity to say no.

All automatically collected personal information is treated with respect in accordance with best practices, and no effort is made to link the above personal information to a particular user with the possible exception of investigating fraudulent or other potentially malicious activities.

If you change your mind after you opt-in, you may withdraw your consent for us to contact you, for the continued collection, use, or disclosure of your information, at any time, by contacting us at contact@gardentap.com.

Disclosure

In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law-enforcement requirements. We may disclose aggregated user statistics in order to describe our services to prospective partners, advertisers, affiliates and other third parties for lawful purposes. We will never disclose such data on an individual or identifiable basis to third parties except when we must comply with laws that require such disclosure to law-enforcement authorities or other government third-party officials, such as subpoenas, or when we believe in good faith that such disclosure is necessary to protect our rights, protect your safety or the safety of others, or to investigate fraud.

Third-Party Services

We use third party analytics services, such as Google Analytics, to help analyze, at a high level, how users interact with our sites and other products. Anonymous information is gathered by the third party using cookies and other technologies, and may be transferred to them for the purpose of creating reports on user activity. For more information, see:

When we do use a third party, we ensure that their terms of use and privacy policies align with ours and that we set up the tools to protect user data. By using our sites, you consent to the processing of your data in the manner and for the purposes outlined above.

Certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies with respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Use.

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites.

Security

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) with AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

Cookies

To help us improve the performance and user experience of our sites, we will employ a standard mechanism called a “cookie” to store limited amounts of information on a site-user’s browser or device. Cookies are employed when necessary to facilitate a transaction (examples include signing up for a newsletter, purchasing a product, or completing a survey) to let us know when you visit our websites, how you interact with us, to enrich user experience (such as to keep a pop-up window from opening up repeatedly or improve functionality based on aggregate site-user behavior information), to customize your relationship with us, to allow a third party tool to function, or when otherwise reasonably necessary.

Cookies are widely used to “remember” you and your preferences, either for a single visit through a “session cookie” or for multiple repeat visits using a “persistent cookie.” They ensure a consistent and efficient experience for visitors and perform essential functions such as allowing users to register and remain logged in.

Cookies may be set by the site that you are visiting, known as “first-party cookies,” or by third parties, such as those who serve content or provide advertising or analytics services on the website, known as “third-party cookies.” Both websites and HTML emails may also contain other tracking technologies such as “web beacons,” or “pixels.” These are typically small transparent images that provide us with statistics for similar purposes as cookies. They are often used in conjunction with cookies, although they are not stored on your computer in the same way. If you disable cookies, the web beacons may still load, but their functionality will be restricted.

We also use certain non-necessary cookies provided by Google Analytics, Google Ad Network, and Facebook. Non-necessary cookies may not be particularly necessary for the website to function and are used specifically to collect usage data via analytics, ads, other embedded content.

These cookies will be stored in your browser only with your consent. You may opt-out of non-necessary cookies by accessing cookie settings. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

No personal information is stored within necessary or non-necessary cookies.

Age of Consent

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

Changes to This Policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

Questions and Contact Information

If you would like to access, correct, amend, or delete any personal information we have about you, register a complaint, or simply want more information, contact us at contact@gardentap.com.

Terms & Conditions

EFFECTIVE JANUARY 1, 2021

Overview

This website is operated by GardenTap. Throughout the site, the terms “we,” “us,” and “our” as well as “GardenTap” refer to GardenTap. GardenTap offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By accessing our site and/or purchasing from us, you agree to these “Terms & Conditions” or “Terms of Use,” which may include additional terms and conditions and policies referenced herein and available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.
Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If at any time you do not accept all of these Terms of Use, you must immediately stop using the site.

Any new features or tools added to the current store shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change, and replace any part of these Terms of Use by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted through WordPress and WooCommerce. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

Intellectual Property Rights

Unless otherwise indicated, the site is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, downloadable documents, and graphics on the site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the site “as is” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.

Provided that you are eligible to use the site, you are granted a limited license to access and use the site and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, noncommercial use. We reserve all rights not expressly granted to you in and to the site, the Content, and the Marks.

Online Store Terms

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may neither use our products for any illegal or unauthorized purpose, nor may you, in the use of the site, violate any laws in your jurisdiction, including but not limited to copyright laws.

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms of Use will result in an immediate termination of your online access and suspension or cancellation of your account.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the site, use of the site, access to the site, or any contact on the website through which products and services are provided without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Use.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

All product use directions presented on the GardenTap site are intended only as summaries of the complete instructions. For full directions, including any warnings and restrictions, you should always refer to and follow all instructions listed on the product labels.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications to the Use and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the use (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinued use.

Optional Tools

We may provide you with access to third-party tools that we neither monitor nor have any control or input over.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party tools.

Any use by you of tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which tools are made available by the relevant third-party provider(s).

We may also, in the future, offer new services and features through the website (including the release of new tools and resources). Such new features and services shall also be subject to these Terms of Use.

Third-party Links

Certain content, products, and services available via our website may include materials from third parties.

Third-party links on this site may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

User Comments, Feedback, and Other Submissions

If at our request you send certain specific submissions (such as contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms of Use.

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the site or any related websites or systems. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Errors, Inaccuracies, and Omissions

Occasionally, there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the service or on any related website, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the site or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the site or any related website, other websites, or the internet. We reserve the right to terminate your use of the site or any related website for violating any of the prohibited uses.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our site will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the site will be accurate or reliable.
You agree that from time to time we may remove the site for indefinite periods of time or cancel any services at any time without notice to you.

You expressly agree that your use of or inability to use the site or services is at your sole risk. The site and all products and services delivered to you through the site are (except as expressly stated by us) provided “as is” and “as available” for your use without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and noninfringement.

In no case shall GardenTap, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, or claim or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the site, or any products or services procured using the site, or for any other claim related in any way to your use of the site or any product or service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the site or any content, product, or service posted, transmitted, or otherwise made available via the site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless GardenTap and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Severability

Should any provision of these Terms of Use be determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly we may deny you access to our site or any part thereof.

Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this site or in respect to the use of our site constitutes the entire agreement and understanding between you and us and governs your use of the site, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

Governing Law

These Terms of Use and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the state of California and any applicable federal statutes of the United States of America.

Changes to Terms of Use

You can review the most current version of the Terms of Use at any time at this page.

At our sole discretion, we reserve the right to update, change, or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Contact Information

Questions about the Terms of Use should be sent to us at contact@gardentap.com.

 

 

 

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