Effective Date: January 1, 2021

PLEASE READ THIS PRIVACY POLICY (“POLICY”) CAREFULLY BEFORE USING OUR WEBSITES AND ANY SERVICES PROVIDED THROUGH BY MYFLORADNA, DIRECTLY OR THROUGH THIS WEBSITE. BY USING THIS WEBSITE OR BY CLICKING TO “ACCEPT” OR “AGREE” TO THESE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU SIGNIFY YOUR AGREEMENT WITH THIS POLICY AS WELL AS TERMS OF USE POSTED AT ON THE WEBSITE www.myfloradna.com/terms-of-use/ WHICH ARE INCORPORATED BY REFERENCE INTO THIS POLICY. YOU ALSO AGREE THAT YOU ARE THE REPRESENTATIVE OF ANY CORPORATION OR ENTITY FOR WHICH YOU ARE USING THE WEBSITE AND/OR SERVICE AND AUTHORIZED BY SUCH ENTITY TO ENTER INTO A LEGAL AGREEMENT. IF YOU DO NOT AGREE TO THIS POLICY AND ALL OF THE TERMS OF USE OR ARE NOT OTHERWISE AUTHORIZED, YOU ARE NOT PERMITTED TO USE THIS WEBSITE EXCEPT TO USE OUR WEBSITE ONLY FOR INFORMATIONAL PURPOSES!

1. Who are we?

MyFloraDNA, Inc. (“MyFloraDNA”, “we”, or “us“) analyzes plant DNA to provide you with actionable insights, help increase yield and see potential threats before they are visible in your crops.

2. Mobile Privacy

Mobile Information: When you use our mobile applications, we collect your device’s unique identifier and other technical information about your device and mobile application usage, namely, your device type, browser type, and your interactions on our mobile application.

3. Based in the United States

Although we operate internationally, MyFloraDNA is a corporation organized under the laws of the State of Delaware with its principal place of business located in Sacramento, California. The servers that host this website are located in the United States, and any Personal Information you provide to us will be processed by MyFloraDNA in the United States. By using the Website and Products or Services available through this Website, you will transfer data to the United States.

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Policy.

4. Using our Website

You are invited to read the Content on our Website for free, for your non-commercial, personal information and education to learn about our Products and Services and soil health subject to our Terms of Use and this Policy. We encourage you to invite and point others to our Website including permitting you to link to our Website. Content may not be used for any other purpose without our express written permission.

You agree not to attempt to or actually interrupt the operation of the Website or in any way violate, breach or compromise the security of our Website, networks or systems or otherwise use the Website, Content, Products or Services other than as expressly permitted by the Terms of Use and in accordance with and subject to this Privacy Policy and all applicable laws and regulations. You promise to comply with all applicable laws, regulations and directives, including but not limited to those governing privacy and US and foreign export and import.

We may suspend or terminate your use of the Website, Content or any Product or Service, at any time, without notice or demand and without liability, if we have reason to believe you are violating the Terms or Use or the Privacy Policy. Any such violation may result in criminal and civil liability. “Content” means all on-line content posted on the Website including but not limited to all text, information, images, scoring, video and audio and all intellectual property relating to such items including, for example, trademarks, service marks, names, logos; all of which are owned by MyFloraDNA, Inc., or under license by a third parties and are protected by U.S. and international laws. You may use Content only as described by the posted Terms of Use.

5. Personal Information We Collect or You May Provide

You do not need to provide us with any Personal Information to use our Website for informational purposes. “Personal Information” means information that, alone or when in combination with other information, may be used to identify, contact or locate you, such as: your name, address, email address, phone number, GPS coordinates and Test Results. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.

You may use our Website to:

• Add your name to our mailing list or make inquiries
• Register online to attend events and programs, respond to surveys
• Create an account
• Request and purchase Products, Services and Reports (as described in our posted Terms of Use)
• Participate in marketing and promotional activities

You will provide the following Personal Information to us for us to perform the Services (as described in our posted Terms of Use):

• Name, address, email address, telephone numbers, company information, billing and payment information
• Profession
• GPS coordinates
• Such other Personal Information required to perform the Services.

We may also collect Personal Information from you as a result of your email communications with us, to verify your identity, to receive and respond to requests for information or Services, to post on our Website, to complete surveys, or to apply for employment. We display personal testimonials of satisfied users on our Website in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us using the information below.

You promise the Personal Information will be current, accurate, and complete to your best knowledge at the time provided and will use reasonable efforts to update all Personal Information as appropriate. MyFloraDNA disclaims any legal duty to verify the accuracy of any Personal Information you provide to us.

6. How We Use Your Personal Information

We compile, save, use and analyze your Personal Information in both a personally-identifiable form and aggregated, non-personally identifiable form, to operate, maintain, and provide to you the Products and Services and to conduct our business. For example (and not limited) to:

• Register you as a user and to identify you when you sign in to your account
• Administer your account
• Respond to your inquiries, customer service requests, complaints, or your job application
• Communicate with you
• Provide information to you about the Services, Test Results and Reports and to provide newsletters, other marketing, sales and promotional communications
• To respond to your inquiries, requests or complaints
• To verify activity as we deem necessary
• To conduct research and analyze data to improve our Service or customize our communications with you

7. How We Share Your Personal Information with Third Parties

We share your Personal Information with third parties as follows:

• With business partners or service providers to process and/or store the information in order to help us provide, understand, or improve our Website or Services. These companies are authorized to use your Personal Information only as necessary to provide services to us
• As required by law and as needed to comply with reporting requirements, a subpoena, or similar legal process
• To resolve disputes or enforce our agreements
• In connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity or as we believe reasonably necessary to protect or enforce our rights, protect your safety or the safety of others
• With any third party with your prior consent to do so.
• In connection with a merger, acquisition, or sale of all or a portion of our assets.

We do not sell your Personal Information to third parties.

We do not collect or retain credit card information. All credit card transactions are processed through third party payment processors.

Some of our pages utilize framing techniques to serve content from our service providers while preserving the look and feel of our site. Please be aware that you are providing your Personal Information to these third parties and not to MyFloraDNA. This Privacy Policy does not govern the privacy practices of these third parties.

8. User Access and Choice

You may, of course, decline to submit your Personal Information to us; in which case, you may not be able to use certain features of the Website or receive certain Products or Services.

If your Personal Information changes, you may correct, update, amend, remove, or ask to have it removed by contacting us at privacy@myfloradna.co, by telephone or postal mail at the contact information listed below. However, we will not delete your Personal Information which is used in an aggregated, non-personally identifiable form for our business purposes. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why. We will respond to your request within 30 days.

Metadata, Test Results and Reports will not be deleted or removed from our systems, networks or databases and will continue to be used as described in this Policy and the Terms of Use.

9. How We Store and Protect Your Personal Information

We may store Personal Information in locations outside our direct control (for instance, on servers or databases co-located with hosting providers). We follow generally accepted standards to protect your Personal Information submitted to us, both during transmission and once we receive it. We use commercially reasonable efforts using generally available tools or technology to encrypt your Personal Information at rest or before it travels over the internet. Do not include your sensitive Personal Information in your email communications as any such disclosures are at your own risk. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our website, you can contact us privacy@myfloradna.co.

10. Compromise of Personal Information:

Personal Information, once released or shared, can be difficult to contain. We will promptly notify those affected by a security breach. Notwithstanding, MyFloraDNA: (a) is not responsible or liable for any consequences that may result because you have released or shared your Personal Information with a third party; and (b) does not accept liability for any unintentional disclosure or a disclosure that occurs due to a security breach of our systems or facilities.

11. Notification, Electronic Communication and Opt-Out:

You consent to us using your email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. You may not opt out of some service-related communications.

Upon registration, or on other areas of the Website, you may opt-in to receive periodic messages from us, including changes to services offered through our website, newsletters, promotions, and special offers. If you wish to subscribe to these emails, we will use your name and email address to send them to you. Out of respect for your privacy, you may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails, accessing email preferences manager on your account settings page, or you can contact us at privacy@myfloradna.co. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

12. Children’s Privacy:

Our Service is for use by adults only. If you are not over 18 years of age, do not use this Website. We are committed to protecting the privacy of children. We do not intentionally collect Personal Information from any person we actually know is under the age of 18. If we learn that we have collected Personal Information from a child under age 18, we will delete that information as quickly as possible. If you believe that we might have any Personal Information from a child under 18, please contact us at privacy@myfloradna.co.

13. Links to Other Websites, Blogs/Forums, and Social Media Widgets:

Our Website includes links to other websites whose privacy practices may differ from those of MyFloraDNA. When you use a link to go from our Website to another website, such as that of our payments processors, the privacy policy for the other website governs. We encourage you to carefully read and understand the privacy policy of any website you visit.

Our Website may offer a publicly accessible blog. You should be aware that any information you provide in these areas may be displayed publicly and read, collected, and used by others who access them. To request removal of your personal information from our blog, contact us at privacy@myfloradna.co. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.

Our Website includes social media features, such as the Facebook Like button, and widgets, such as the Share button. These features and widgets may collect your IP address, which page you are visiting on our website, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our website. Your interactions with these features and widgets are governed by the privacy policy of the company providing it.

Among the vendors whose services we employ may be companies that help us deliver online advertisements such as banner ads. These companies may collect and use information you provide to us to better understand the offers, promotions, and types of advertising that are most appealing to our customers. After these third parties collect the information, it is aggregated so that it is not personally identifiable or tied to you or any other user. If you would prefer that these companies not collect your information, please email privacy@myfloradna.co.

14. California Online Privacy Protection Act (CalOPPA)

MyFloraDNA complies with the California Online Privacy Protection Act and it is applicable solely to all visitors, users, and others of the platform who reside in the State of California (“consumers”). Any term defined in the CalOPPA has the same meaning when used in this section.

Categories of Personally Identifiable Information

MyFloraDNA collects and has collected in the twelve (12) months prior to the effective date of this Section, the following Categories of Personally Identifiable Information:

1. Identifiers such as real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
2. Categories of personal information described in the California Customer Records (Cal. Civil Code Section 1798.80 (e)) such as name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
3. Characteristics of protected classifications under California or federal law such as race, color, ancestry, national origin, citizenship, physical or mental disability, sex, genetic information.
4. Commercial information such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
5. Geolocation data such as physical location.

Categories of Sources of Personally Identifiable Information

MyFloraDNA obtains and has obtained in the twelve (12) months prior to the effective date of this Section the categories of Personally Identifiable Information listed above from the following categories of sources: 

1. Directly from you (e.g. from forms you complete on our website).
2. Indirectly from you (e.g. from interactions with our advertisements).

Use of Personally Identifiable Information

We may use, transfer, or disclose the Personally Identifiable Information as previously described when collecting your Personally Identifiable Information or as otherwise set forth in the CalOPPA.

Sharing Personally Identifiable Information

The Company may disclose your Personally Identifiable Information to a third party for business purposes or sell your personal information. When we disclose personally identifiable information for a business purpose, we enter a contract that describes the purpose and requires the recipient to keep that personal information confidential and only use it for contract purposes.

Disclosure of Personally Identifiable Information

In the preceding twelve (12) months, the Company has disclosed the following categories of personally identifiable information: none.

We disclose your personally identifiable information for a business purpose to the following categories of third parties: none.

Sales of Personally Identifiable Information

In the preceding twelve (12) months, the Company has used, transferred or disclosed the following categories of personally identifiable information: none.

We disclose your personally identifiable information for a business purpose to the following categories of third parties: none.

Review and Request Changes

Any individual consumer who resides in the State of California may review and make a request regarding changes to their personally identifiable information.

In order to change their personally identifiable information, a consumer request may be submitted by us by either:

Mailing Address: 1451 River Park DR. Suite 130, Sacramento CA, 95815

Email: privacy@myfloradna.co

Telephone: +1 (530) 485-8745

California Do Not Track:

California law requires us to say how we respond to Do Not Track (DNT) signals. We support the Do Not Track browser setting. Do Not Track (DNT) is a preference you can set in your browser to let the websites you visit know that you do not want them collecting certain information from you. For more details about Do Not Track, including how to enable or disable this preference, visit this website: https://termsfeed.com/do-not-track

According to CalOPPA, we agree to the following:

• Users can visit our site anonymously.
• We will add a link to our Privacy Policy in MyFloraDNA’s home page website. The Privacy Policy can easily be found by our visitors and users.
• You will be notified of any Privacy Policy changes on our Privacy Policy page.

Contact Us

If you have any questions about this Privacy Policy, the practices of this Website, or your dealings with this Website, including any bugs or actual or potential threats to the security of our Website and protection of your Personally Identifiable Information, please contact us via:

Email: privacy@myfloradna.co

Mailing Address: 1451 River Park DR. Suite 130, Sacramento CA, 95815

Telephone: +1 (530) 485-8745

15. Governing Law, Attorneys Fees.

This Policy is governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. The prevailing party in any action relating to this Policy is entitled to recover its reasonable attorneys’ fees and costs.

16. English Language:

The English version of this Privacy Policy governs. All disputes, claims and causes of action (and related proceedings) will be communicated in English.

17. Changes to Our Privacy Policy

If we make a material change to our Privacy Policy as to the collection, use, or disclosure of your Personal Information, we will post a notice of those changes on our Website and use commercially reasonable efforts to notify you by email to keep you aware of what information we collect, how we use it, and under what circumstances we may disclose it, prior to the change becoming effective. You are bound by changes to the Privacy Policy when you use the Website after those changes have been posted. We encourage you to periodically review our Website for the latest information on our privacy practices, our Terms of Use and all other terms and conditions governing use of our Website and Services.

If any term or provision of this Privacy Policy shall be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of this Privacy Policy, or the whole of this Privacy Policy, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and MyFloraDNA shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in this Privacy Policy.

Contact Us

If you have any questions about this Privacy Policy, the practices of this Website, or your dealings with this Website, including any bugs or actual or potential threats to the security of our Website and protection of your Personal Information, please contact us via:

Email: privacy@myfloradna.co

Mailing Address: 1451 River Park DR. Suite 130, Sacramento CA, 95815

Telephone: +1 (530) 485-8745