This Privacy
Policy is effective as of January 23, 2017.
Here at Lush, Inc. ("Farmstead", “we”, “us” and “our”), we are committed to protecting your privacy. Please carefully read the terms of our privacy policy ("Privacy Policy"). By visiting and using Farmstead's online website (collectively, including all content and functionality available through the http://www.farmsteadapp.com domain name, the "Site"), submitting information to us or using any of our services (the "Service"), you acknowledge that you accept the practices and policies in this Privacy Policy. Terms not defined herein shall have the meaning as provided in Farmstead's Terms of Service, found at http://www.farmsteadapp.com/terms-of-service, and incorporated herein.
YOU UNDERSTAND AND AGREE THAT WE MAY MODIFY THIS PRIVACY POLICY AT ANY TIME, IN OUR SOLE DISCRETION, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED PRIVACY POLICY ON THE SITE OR NOTIFYING YOU. USE OF INFORMATION WE COLLECT NOW IS SUBJECT TO THE PRIVACY POLICY IN EFFECT AT THE TIME SUCH INFORMATION IS COLLECTED. YOU AGREE TO REVIEW THIS PRIVACY POLICY PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF THE SITE AND/OR THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED PRIVACY POLICY.
Information Covered in This Privacy Policy. This Privacy Policy covers Farmstead's treatment of Personal Information (as defined herein) and General Information (as defined herein) that we gather when you access the Site and when you use any part of the Service. This Privacy Policy also covers information we may share with our business partners, but does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage. If you have any questions or comments regarding this Privacy Policy or if you do not understand any information about how we collect, maintain, use, or share your Personal Information. Any such questions or comments should be submitted via email to help@farmsteadapp.com and we will make every effort to resolve or answer your concern.
Information Collected. In using the Site and/or Services, you will provide us with the Products of your Order, your Phone Number, your email address and your full name (collectively, your “Registration Information”), and the address where you would like your Order delivered (your “Address”). Any such information that personally identifies you and which you provide to us or our Processor such as, and as applicable, your name, e-mail address, Address, Phone Number, Credit Card information is considered your “Personal Information”. It is your responsibility to give us current, complete, truthful and accurate information, including Personal Information, and to keep such information up to date. Farmstead will not be responsible for any problems or liability related to inaccurate or incomplete Personal Information, whether due to your failure to update such Personal Information or otherwise. In addition to the Personal Information, we may collect general non-personal information from your use of the Services and/or which you provide to us (the “General Information”) including the Products in an Order, and certain standard browser information, such as your browser type, IP address, and access times.
In using and/or accessing the Services, you expressly authorize us to collect and use your Personal Information and General Information in connection with the Services. You further acknowledge and agree that Farmstead may, but is not obligated to, maintain copies of your Personal Information and General Information indefinitely, or delete any or all such information, at our sole discretion. If you receive promotional e-mails or newsletters from Farmstead, we may use customized links or similar technologies to determine whether such newsletters or e-mail has been opened and which links you click. This information is used to provide you more focused e-mail communications and/or other information.
Use of Your Information. We collect and use your Personal Information and General Information to operate and improve the Site and better deliver the Services. These uses may include performing analysis aimed at improving the Service, making the Site or Services more user friendly, and displaying advertising and content that are tailored to your preferences and interests. We may support the Site and the Service by advertising, and accordingly, we may use some of the information collected in order to customize the advertisements to your interests and preferences. However, the process of selecting customized ads tailored to you will use data that does not personally identify you. Farmstead may also use your Personal Information and General Information to communicate with you, such as providing you with mandatory notices or discretionary notices about the Service, and sending you notifications regarding an Order or Product. From time to time, Farmstead may also send you surveys or promotional mailings to inform you of other products or services available from Farmstead and its affiliates. Farmstead is headquartered in the United States of America. Information may be accessed by us or transferred to us in the United States or to our affiliates, business partners, or service providers elsewhere in the world. By providing us with your information, you consent to this transfer. We will protect the privacy and security of Personal Information and General Information according to our Privacy Policy, regardless of where it is processed or stored.
Disclosing of Your Personal Information to Third Parties. We do not sell, rent, lease or disclose your Personal Information. Except as described in this Privacy Policy, your Personal Information will be used only by Farmstead and its controlled subsidiaries and affiliates, and your Personal Information will not be disclosed to any other third party without your consent. In using the Services, you may choose to share your Personal Information with select Farmstead partners so that they can contact you about their respective products, services or offers. We do not share your Personal Information with third parties for the third parties’ direct marketing purposes unless you provide us with consent to do so.
We may hire other companies to provide limited administrative and communication services on our behalf, such as hosting Sites, the processing and delivery of mailings, providing customer support, or providing credit card processing services. Farmstead has the right to disclose your Personal Information to these third party companies for the purpose of administering and maintaining the Site’s features, functions and operations. Those companies will be permitted to obtain only such Personal Information as necessary for them to deliver the respective services, and Farmstead does not authorize these companies to use your Personal Information except for the sole purpose of providing those services requested by us.
In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if Farmstead, or substantially all of its assets, were acquired, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Farmstead may continue to use your Personal Information as set forth in this policy.
For online payments, we use the payment services provided by Stripe Inc. (“Stripe”). We do not process, record or maintain your credit card or bank account information. For more information on how payments are handled, or to understand the data security and privacy afforded such information, please refer to https://stripe.com/us/terms. You should additionally review their Security Policy https://stripe.com/us/privacy to ensure that you are comfortable with their use and disclosure of your information.
You understand and agree that we may access and/or disclose Personal Information and General Information about you without your prior consent if we have a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend our rights or property (including the enforcement of our agreements); (iii) enforce the Terms of Service, which can be accessed at []; (v) operate or conduct maintenance and repair of the Site or equipment as authorized by law; (vi) act in urgent circumstances to protect the personal safety of our Users or members of the public; or (v) comply with a bankruptcy, merger, acquisition, transfer of control, joint venture of other business combination. We are not required to question or contest the validity of any search warrant, subpoena or other similar governmental request that we receive. In some cases, we may choose to buy or sell assets. In these types of transactions, User information is typically one of the business assets that is transferred. Moreover, if Farmstead, or substantially all of our assets, were acquired, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Farmstead may continue to use your Personal Information and General Information as set forth in this Privacy Policy.
Information Collected Automatically. We may receive and store certain types of information whenever you interact with the Site and/or Service. Farmstead may choose to automatically receive and record information on our server logs from your browser including your IP address, cookie information, and the page you requested. Farmstead uses "cookies" to collect non-personal data and information. Cookies are small text files a Site uses to recognize repeat users, and is typically placed on your hard disk by a web page server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you. The way cookies function is by assigning a number to the user that has no meaning outside of the assigning Site. You should be aware that we cannot control the use of cookies (or the resulting information) by our third-party partners or advertisers. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to sign in or use other interactive features of the Site and Service that depend on cookies.
In addition, we may use third party analytics providers and products to obtain, compile and analyze General Information about how Users are using and interacting with Farmstead and/or the Services. We may provide General Information to these analytics providers for the purpose of obtaining statistics and other information about how Users are using and interacting with Farmstead. These analytics providers may use a variety of established or new tracking technologies or tools (including, without limitation, cookies, web beacons, HTTP cache, local shared objects and persistent identifiers) to recognize your computer or device and/or to collect or compile this information. We have no control over the technologies, tools or practices of the third parties that providing analytics products and services to us.
Collection and Use of Children's Personal Information. The Site and the Services are intended for general audiences, and Farmstead does not knowingly collect any Personal Information from children. During the registration process, Farmstead may collect age information, and if Users identify themselves as under 18 years of age, Farmstead will block such Users from providing Personal Information.
Security of Your Personal Information. The Personal Information is securely stored within our database, and we use standard, industry-wide practices such as firewalls, encryption, and (in certain areas) Secure Socket Layers (“SSL”) for protecting your information. However, as effective as encryption technology is, no security system is impenetrable and we cannot guarantee the security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet. We recommend that you not disclose any Personal Information to anyone.
Advertisements Displayed by Third Parties. We may at times allow third-party ad serving companies, including ad networks, to display advertisements on the Site. Ad serving companies may place a persistent cookie on your computer in order to recognize your computer each time they display an online advertisement to you, and as such, they may be able to compile information over time about whether you reviewed or clicked on advertisements they display. These companies may use this information to display targeted advertisements and may associate this information with your subsequent visits, purchases or other activities on participating advertisers’ Sites. We have no access to or control over cookies of these links to other Sites and organizations, nor do we have control over or access to cookies by our third-party partners or advertisers. This Privacy Policy does not cover any use of Personal Information that a third-party advertiser or ad server may collect from you.
Communications. Upon placing an Order or using the Services provided by Farmstead, we may send you daily or weekly e-mails. If you do not want to receive e-mail or other mail from us, please notify us by e-mail at help@farmsteadapp.com and include sufficient information for us to identify you, including your name, email address and the specifics of your request. However, after you unsubscribe to cease receiving e-mails, Farmstead may still contact you via e-mail and/or text message for administrative or informational purposes, including messages regarding your Order and/or any services or events to which you have registered.
Information we collect
Information you provide to us
We collect the personal information you provide to us when you Consumers. The categories of information we may collect include:
- Personal Identifiers, including name, email address, postal address, and telephone number
- Commercial and Financial Information, including purchases, other purchasing behavior, credit card or debit card number, and account security or access credentials
- Characteristics of Protected Classifications, including age, sex or gender, and race or color
- Inferences, including inferences from other data
We collect the personal information you provide to us when you Newsletter Subscribers. The categories of information we may collect include:
- Personal Identifiers, including name, email address, postal address, and telephone number
- Commercial and Financial Information, including purchases and other purchasing behavior
- Characteristics of Protected Classifications, including age, sex or gender, and race or color
- Inferences, including inferences from other data
We collect the personal information you provide to us when you Website Visitors. The categories of information we may collect include:
- Personal Identifiers, including name, email address, postal address, and telephone number
- Commercial and Financial Information, including purchases and other purchasing behavior
- Inferences, including inferences from other data
To the extent we process deidentified personal information, we will make no attempt to reidentify such data.
Information collected automatically
We automatically collect internet or other electronic information about you when you visit our website, such as IP address, browsing history and interactions with our website. We also collect geolocation data. This data may be collected using browser cookies and other unique personal identifiers.
Opt-Out Preference Signals. Your browser settings may allow you to automatically transmit the Global Privacy Control (GPC) signal to online services you visit. When we detect such signal, we place a U.S. Privacy String setting in your browser so that any third party who respects that signal will not track your activity on our website. GPC is supported by certain internet browsers or as a browser extension. You can find out how to enable GPC here.
Information from other sources
We may collect personal information about you from third-party sources, including Ad Networks, Data Analytics Providers, Operating Systems, and Other consumers (e.g., referrals).
How long we keep your data
We do not retain data for any longer than is necessary for the purposes described in this Policy.
How we share and disclose information
Information Disclosed for Business or Commercial Purposes in the Last 12 Months, and Categories of Parties Disclosed To
We may disclose the following personal information about you when you Consumers:
| Personal Information Disclosed | Recipient (by Category) |
|---|---|
| Personal Identifiers | Service Providers, IT Infrastructure Services, and Ad Networks |
| Online Identifiers | Service Providers, Data Analytics Providers, Ad Networks, and IT Infrastructure Services |
| Internet Activity | Service Providers, Data Analytics Providers, Ad Networks, and IT Infrastructure Services |
| Commercial and Financial Information | Service Providers, Data Analytics Providers, Ad Networks, and IT Infrastructure Services |
| Geolocation Information | Service Providers, IT Infrastructure Services, and Ad Networks |
| Characteristics of Protected Classifications | Service Providers |
| Inferences | Service Providers, IT Infrastructure Services, and Ad Networks |
We may disclose the following personal information about you when you Newsletter Subscribers:
| Personal Information Disclosed | Recipient (by Category) |
|---|---|
| Personal Identifiers | Service Providers, IT Infrastructure Services, and Ad Networks |
| Online Identifiers | Service Providers, IT Infrastructure Services, and Ad Networks |
| Internet Activity | Service Providers, IT Infrastructure Services, and Ad Networks |
| Commercial and Financial Information | Service Providers and Ad Networks |
| Geolocation Information | Service Providers and Ad Networks |
| Characteristics of Protected Classifications | Service Providers |
| Inferences | Service Providers and Ad Networks |
We may disclose the following personal information about you when you Website Visitors:
| Personal Information Disclosed | Recipient (by Category) |
|---|---|
| Personal Identifiers | Service Providers |
| Online Identifiers | Data Analytics Providers, Ad Networks, Service Providers, and IT Infrastructure Services |
| Internet Activity | Data Analytics Providers, Ad Networks, Service Providers, and IT Infrastructure Services |
| Commercial and Financial Information | Ad Networks |
| Geolocation Information | Service Providers |
| Inferences | Service Providers and Ad Networks |
California Privacy Notice (CCPA)
This section provides additional information for California residents under the California Consumer Privacy Act (CCPA). The terms used in this section have the same meaning as in the CCPA. This section does not apply to information that is not considered "personal information," such as anonymous, deidentified, or aggregated information, nor does it apply to publicly available information as defined in the CCPA.
Collection and Disclosure of Personal Information
The personal information we collect is described above in Information we collect. The personal information we disclose for business or commercial purposes is described above in How we share and disclose information. The length of time for which we retain personal information is described above in How long we keep your data.
Business and Commercial Purposes for Collection
We collect personal information for the following business purposes:
- Advertising and Marketing
- Audit Current Interactions
- Error Management
- Internal Research
- Provide Products or Services
- Quality Assurance
- Security
- Short-Term Transient Use
We also "share" and "sell" (as defined in the CCPA) personal information for commercial purposes, including to advertise and market our products.
Information “Sharing” and “Selling”
We “share” certain personal information with third party ad networks for purposes of behavioral advertising, including: Commercial and Financial Information, Internet Activity, and Online Identifiers. This allows us to show you ads that are more relevant to you.
We use third party data analytics providers and this may be considered a “sale” of information under the CCPA.
You may opt-out of these data practices here.
CCPA Rights
Your CCPA rights are described below. You can make a Request to Know or a Request to Delete under the CCPA by submitting a Privacy Request at the top of this page, or by clicking here.
Right to Know
You have the right to request to know the following about the personal information we have collected about you in the past 12 months:
- the categories and specific pieces of personal information we have collected about you
- the categories of sources from which we collect personal information about you
- the business and commercial purposes for which we collect personal information
- the categories of third parties with whom we share the information
- the categories of personal information about you that we disclosed for a business purpose, and the categories of third parties to whom we disclosed that information for a business purpose
The information we would provide to you in response to a Request to Know Categories is contained in this Privacy Notice. To access the specific personal information we have about you, submit a Request to Know via the link above. If you make a Request to Know more than twice in a 12-month period, we may require you to pay a small fee for this service.
Right to Delete
You have the right to request that we delete any personal information about you that you have provided to us. We will permanently delete from our records any personal information that is not necessary for our business operations and direct our service providers to do the same.
We consider information to be necessary for our business operations if it is used to:
- Complete an obligation to you that you have requested
- Detect and resolve issues related to security or functionality
- Comply with legal obligations
- Enable solely internal uses
Right to Non-Discrimination
If you exercise your CCPA consumer rights:
- We will not deny goods or services to you
- We will not charge you different prices or rates for goods or services, including through the use of discounts or other benefits or penalties
- We will not provide a different level or quality of goods or services to you
Right to Opt-Out
You have the right to opt-out of any selling and sharing of your personal information.
You may exercise your right to opt-out here.
Request Verification
Before we can respond to a Request to Know or Request to Delete, we will need to verify that you are the consumer who is the subject of the CCPA request. Verification is important for preventing fraudulent requests and identity theft. Requests to Opt-Out do not require verification.
Typically, identity verification will require you to confirm certain information about yourself based on information we have already collected. For example, we will ask you to verify that you have access to the email address we have on file for you. If we cannot verify your identity based on our records, we cannot fulfill your CCPA request.
For a request that seeks specific personal information, we ask that you sign a declaration stating that you are the consumer whose personal information is the subject of the request, as required by the CCPA.
In some cases, we may have no reasonable method by which we can verify a consumer's identity. For example:
- If a consumer submits a request but we have not collected any personal information about that consumer, we cannot verify the request.
- If the only data we have collected about a consumer is gathered through website cookies (i.e. the consumer visited our website but had no other interaction with us), we are unable to reasonably associate a requester with any data collected; therefore, we cannot verify the request.
Authorized Agent
A California resident's authorized agent may submit a Request to Know or a Request to Delete under the CCPA by emailing us at privacy@farmsteadapp.com. Requests submitted by an authorized agent will still require verification of the person who is the subject of the request in accordance with the process described above. We will also ask for proof that the person who is the subject of the request authorized an agent to submit a privacy request on their behalf. An authorized agent that has power of attorney pursuant to California Probate Code section 4121 to 4130 must submit proof of statutory power of attorney, but consumer verification is not required.
If you have trouble accessing this notice, please contact us at privacy@farmsteadapp.com.
Contact Us
If you have any privacy-related questions, please send them to privacy@farmsteadapp.com.