Privacy Policy

Effective Date: January 27, 2018

Welcome to Tend. We understand that your privacy and the protection of your data are important to you. We created this Privacy Policy to help you understand how and when we collect, use and share your information.

Because your privacy also matters to us, please take your time reviewing this Privacy Policy. As you review, keep in mind that if you use the Tend Platform (defined below), you consent to our collection and handling of your data as described in this Privacy Policy. This Privacy Policy is incorporated into and made a part of our Terms of Use, which we also encourage you to review because they contain important limitations on our liability to you.

If you do not agree with our data practices as described in this Privacy Policy, please do not use the Tend Platform or otherwise provide us with your data.

If you are a customer of Tend and use the Tend Platform to connect with your customers, you agree to post a privacy policy on your webpage or storefront that complies with the laws applicable to your business. You also agree to notify and, where required by applicable law, obtain consent from your customers that Tend may collect and use their Personal Information in accordance with this Privacy Policy. (See sample “Message to your Customers” below.) In addition, if you are collecting sensitive Personal Information from your customers (such as health information, information about minors, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or sexuality), you agree to obtain affirmative, express consent from your customers for the collection and use of this sensitive Personal Information by Tend in accordance with this Privacy Policy. If you have any questions, please contact us using the contact information below. Please note that we cannot give you legal advice.

Sample Message to your Customers
Dear customer, our website and online store are hosted by Spiraledge, Inc DBA Tend (“Tend”). Tend powers our online e-commerce platform and provides hosting and other related services so that we can market and sell our products and services to you. When you use the website or make an online purchase, Tend may have access to your data to help support our business. Tend may aggregate your data to provide services to Tend users and for its own internal business purposes such as application or website analytics. This aggregate data cannot be used to identify you. Tend will not use your personal information for marketing purposes.

Your data is stored through Tend’s data storage, databases and the general Tend application. They store your data on a secure server behind a firewall. For more insight, you may also want to read Tend’s Terms of Use or Privacy Policy.

SCOPE OF THIS PRIVACY POLICY.
This Privacy Policy applies to the data collected through any Tend websites or mobile applications to which this Privacy Policy is linked (the “Tend Platform”) that Spiraledge, Inc. d/b/a TEND (“Tend” “we” or “us”) owns and operates. This Privacy Policy does not apply to information collected offline or by any third-party websites or services that do not link to this Privacy Policy or that are not owned or operated by Tend.

WHAT KINDS OF INFORMATION DO WE COLLECT?
Depending on which parts of the Tend Platform you use, we may collect different kinds of information from or about you:

Information you provide: We collect the content and information you provide when you use the Tend Platform, including when you create an account, sign up for a subscription, complete a profile, register for our newsletter, provide a suggestion, or comment on our blog. This information may include “Personal Information,” which is any information that can be used to identify you. For example, Personal Information can include your:
  • contact information (name, address, phone number or email address);
  • business information (farm domain, acreage, employee information (e.g., salary and years of experience)
  • photo or images; and
  • certain data about your use of the Tend Platform (IP address or device ID) that is considered Personal Information in some jurisdictions.

Device Information: We collect information from or about the computers, phones or other devices where you install or access the Tend Platform. We may associate the information we collect from your different devices, which helps us provide consistent services across your devices. Such device information typically includes:
  • Your online environment (operating system, browser, hardware version, device settings, or device identifiers);
  • Device location, including specific geographic locations, such as through Bluetooth, WiFi signals or GPS;
  • Connection information (name of your mobile operator, internet service provider, IP address); and
  • Browsing activity, such as the pages you visit or the links you click on.

Information about payments: If you use the Tend Platform’s Online Store interface for purchases or other financial transactions, such as to manage your customers’ CSA subscriptions, we will collect your email address, shipping and billing addresses, credit card information, and order history. We have engaged  Square (https://squareup.com) that helps us securely processes your payments. We do not store your financial or credit card numbers.

Information about your customers: If you use the Tend Platform to connect with your customers, we will collect your customers’ information, including their name, email address, phone number, billing address, shipping information, purchase/transaction history, and browsing activity.

Information from your social media accounts: If you chose to connect your social media account to the Tend Platform, the social media site may share information with us about your use of their services, including profile information, information about your contacts, and content that you have viewed or liked. Please refer to that social media site’s privacy settings to control how your information is shared with us and other third parties.


HOW DO WE USE THIS INFORMATION?
We are passionate about creating engaging and customized experiences for you, and we use all of the information we collect to help provide and support the Tend Platform. We will ask for your consent to use your Personal Information for a purpose other than as disclosed in this Privacy Policy, which include:

  • Offering, improving and developing the Tend Platform: We use your information to deliver the Tend Platform, personalize content, and improve our offerings and services. For example, we may make production calendar recommendations based on your farm type and tailor our content to reflect our users’ interests. When we have location information, we use it to tailor our content. For example, we may estimate your farm’s location in order to predict the farm’s first and last frost dates. We also conduct surveys and research, test features in development, and analyze the information we collect to evaluate and improve the Tend Platform.

  • Communicating with you: We use your information to send you marketing communications, surveys and important administrative announcements about the Tend Platform or your account. We also use your information to respond to you when you contact us.

  • Helping you communicate with your customers: We use the information we collect about your customers to help you provide your services, such as processing orders and fulfillment of invoices. We also use your information to help you manage your customers’ subscriptions.

  • Showing you advertisements: We use the information we collect to show you relevant ads on and off the Tend Platform, as well as to measure the effectiveness and reach of our advertisements. For more information about how you can control how information about you is used to personalize the ads you see, please see "Opting out of interest-based advertising" below.

  • Promoting safety and security: We use the information we collect to help verify your identity, your account, and your activity on the Tend Platform. We might use this information, for instance, to investigate suspicious activity or violations of our Terms of Use or policies.

We use cookies and other data collection technologies to provide and support the Tend Platform and each of the uses outlined and described in this section of the Privacy Policy. See "Cookies and other data collection technology" below to learn more about how we use Data Collection Technology and how to control cookies on your devices.

We use your customers’ Personal information only on your behalf and at your direction. We reserve the right to aggregate your customers’ Personal Information for our internal business purposes, such as application or website analytics. This aggregate information cannot be used to identify your customers.


HOW IS THIS INFORMATION SHARED?
We know that you use the Tend Platform, in part, to connect and share your business with others. We make this possible by sharing your information in the following ways:

  • With our vendors: We work with vendors that help us provide you the Tend Platform and related services. Unless prohibited by applicable law, we may share information with our vendors for purposes such as website hosting, professional services, human resources management, customer service, e-mail delivery and auditing. When we share Personal Information with vendors, we require those vendors to process your Personal Information only on our behalf and for the same purposes for which the Personal Information was collected.

  • With third party partners: We work with third party partners that provide advertising, measurement and analytics services. We want our advertising to be relevant and interesting, so we may share information with these third party partners to help us tailor these advertisements to your interests. We do not share Personal Information with these third party partners, nor do we sell or lease your Personal Information to any third parties for such third party’s marketing purposes.

  • With affiliates:  We share your Information within our corporate family for the purposes described in this Privacy Policy, including for their direct marketing purposes, and as required or authorized by law. Affiliates are those companies that are under common control of Spiraledge, Inc., which is the primary data controller for these purposes.

  • As part of a corporation transaction:  Unless prohibited by applicable law, we may share, transfer or delete your Personal Information if we are involved in a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control by Tend or any affiliated company (in each case, whether in whole or in part). If required by applicable law, any such sharing of Information will be reported to regulators in accordance with the applicable law.

  • In other lawful ways:  We may also share your Personal Information: (i) if we determine that disclosure is necessary to comply with the request of a law enforcement, regulatory agency or other legal process; (ii) to protect the rights, privacy, property, interests or safety of our company or our affiliates, customers, business partners, suppliers, employees or the general public; (iii) to pursue available remedies or limit damages; (iv) to enforce our Terms of Use; (v) to respond to an emergency; and (vi) as otherwise permitted by applicable law.


COOKIES AND OTHER DATA COLLECTION TECHNOLOGY.
We use cookies and other data collection technologies to help us provide, protect and improve the Tend Platform.

Cookies are small pieces of text used to store information on web browsers. Cookies are used to store and receive identifiers on computers, phones and other devices and they may contain information such as user settings, browsing history and other Internet activities. While the cookies that we use may change from time to time as we improve and update the Tend Platform, the types of cookies we use generally fall into the below categories:

  • Session Cookies are used to operate our Services. Some cookies are essential for the operation of the Services. If a user chooses to disable cookies, certain content and features may not be available.

  • Preference Cookies are used to remember your preferences. For example, when you input the location of your farm, we use cookies to remember this location so you do not have to select it every time you visit the Service.

  • Advertising Cookies are used to serve you with advertisements that we believe are relevant to you and your interests. These cookies also help us evaluate our marketing program performance and analytics. For more information about advertising cookies, see Opting out of interest-based advertising below

  • Security Cookies are used for general security purposes, such as user authentication and preventing fraudulent use or unauthorized access of data.

We also use web beacons (also called a pixel tag or clear GIF) that enable us to monitor user activity and website traffic. To learn more about cookies and web beacons, visit www.allaboutcookies.org. In this Privacy Policy, we refer to cookies, web beacons, and other similar technology as “Data Collection Technology.”

Why Tend uses Data Collection Technology:  Data Collection Technology helps us to save your password for future log-ins, detect and prevent fraud, and help us (and our ad partners) manage our online marketing program and deliver ads that are relevant or may be of interest to you. Data Collection Technology also helps us personalize and improve the performance of our Services. For example, we use Google Analytics on our websites to collect information to improve the Services, such as information about our users’ demographics and interests through their browsing habits. Google Analytics places a cookie on your web browser so that it can identify you the next time you visit the website, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Services is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

Controlling cookies on your computer:  We will notify you when you are on part of the Tend Platform that uses cookies. By continuing to use that part of the Tend Platform after such notice, you accept the use of cookies. If you do not wish to receive cookies, you may set your browser to reject cookies or alert you when a cookie is dropped on your computer. Usually, these settings are available through the security features of your web browser. Please be aware that if you disable cookies, some features on the Tend Platform may not be available.

Our policy on “Do Not Track” signals: California’s Online Privacy Protection Act requires website operators to disclose how they respond to web browser’s “Do Not Track” (“DNT”) signals. Some web browsers incorporate a DNT or similar feature that signals to websites that a user does not want to have his or her online activity tracked. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, many website operators, including Tend, do not respond to DNT signals.

Opting out of Interest-Based Advertising.  Interest-based advertising is a way that helps companies provide you with more relevant advertising on the websites you visit of the applications you use. If you want to “opt out” of receiving online interest-based ads, please follow the instructions at www.aboutads.info/choices, or http://www.networkadvertising.org/choices/. Please note that when you “opt-out” of receiving interest-based ads, this does not mean you will no longer see ads from us or on the Tend Platform. It means that the online ads that you do see will not be based on your particular interests. If you delete cookies on your device, generally you will need to opt-out again. More information about online behavioral advertising can be found at www.aboutads.info.


HOW CAN I MANAGE OR DELETE INFORMATION ABOUT ME?
If you are an account holder, you can manage your Personal Information in your account settings and profile page. You can also delete your account at any time by contacting us using the information in the How to Contact Us section below. Depending on where you live, you may have legal rights to access, modify or delete the Personal Information that we hold about you. Exercising such rights must be in accordance with applicable law, and we reserve the right to charge appropriate fees to respond to such request if permitted by applicable law. To exercise these rights, please contact us using the contact information set forth in "How to contact us" below.


HOW CAN I OPT OUT OF MARKETING COMMUNICATIONS?
If you do not wish to receive marketing-related emails from us or prefer us not to process your Personal Information for marketing purposes, you may use the unsubscribe link in any of our marketing emails or call or email us at (408) 457-9561 or [email protected]. Please note we cannot remove your Personal Information from the databases of third parties (who are not our vendors) with whom we have shared your Personal Information prior to your opt-out request. Please contact those third parties directly.


HOW DO WE PROTECT YOUR INFORMATION?
We take reasonable precautions intended to help protect your Personal Information that we collect. Unfortunately, no system or online transmission of data is completely secure, and we cannot guarantee the security of data transmitted across the Internet. If you believe that information you provided to us is no longer secure, please notify us immediately using the contact information provided below.


LINKS TO THIRD PARTY WEBSITES.
The Tend Platform may include links to third party websites and services that we do not own or operate. When you click these links, you will be directed away from the Tend Platform to that third party’s website. Any information you submit on that third party’s website will be subject to that third party’s practices and privacy policy. We encourage you to read these third party privacy policies carefully before submitting your information.


NOTE TO INTERNATIONAL USERS.
Please note that your Personal Information may be stored and processed on servers in the United States or in other countries where we have affiliates or service providers (both inside and outside the European Economic Area and Canada). The laws on holding personal data in the United States may differ from the laws of other countries. By using the Tend Platform, you consent to the transfer, storage and use of your Information in accordance with applicable laws and with this Privacy Policy.


YOUR CALIFORNIA PRIVACY RIGHTS.
Under California law, California residents have the right to request a list of all third parties to whom a company has disclosed their Personal Information for those third parties’ direct marketing purposes in the prior calendar year. Tend currently shares Personal Information with third parties, including our Affiliates, so that those third parties can market themselves to you. If you are a California resident and you’d like to request this information, please send us an email at [email protected] with the subject line “California Privacy Rights” or write us at the address listed below. Please note that, under this law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any requests that are not sent to the above-designated email address.


CHILDREN’S PRIVACY.
The Tend Platform is not directed to or intended for use by minors. Consistent with the requirements of the U.S. Children’s Online Privacy Protection Act and similar rules in other jurisdictions, if we learn that we have received any information directly from a child under age 13 (or such other age as set by the laws of jurisdictions outside the U.S.) without his or her parent’s verified consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the child that he or she cannot use the Tend Platform and subsequently, we will delete that information.


HOW WILL WE NOTIFY YOU OF CHANGES TO THIS PRIVACY POLICY?
The Effective Date of this Privacy Policy is set forth at the top of this page. If we make a material change to the way we treat your Personal Information, we will notify you in advance via email or through the Tend Platform. Your continued use of the Tend Platform after the Effective Date of any changes constitutes your acceptance of the amended Privacy Policy. Any amended Privacy Policy supersedes all previous versions.


HOW TO CONTACT US.
To learn more about how Tend collects and uses your information, please contact us using the information below:

By Mail: Spiraledge, Inc. c/o Tend
1919 South Bascom Avenue, Suite 300
Campbell, California 95008
By Phone: (408) 457-9561
By Email: [email protected]



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