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SANLAND TERMS OF SERVICE
Last Updated: January 20th, 2022
Welcome to the San Landscape Design (“SANLAND”) website located at http://sanlandscape.com
(the “Site”). Please read these Terms of Service (the “Terms”) and our Privacy Policy [sanlandscape.com/terms-and-conditions] (“Privacy Policy”) carefully because they govern your use of our Site and our online landscape design services accessible via our Site. To make these Terms easier to read, the Site and our services are collectively called the “Services.”
1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” also will refer to that company or other legal entity.
2. Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND SANLAND THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
3. Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 16(f) “Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Who May Use the Services?
(a) Eligibility. You may use the Services only if you are 18 years or older and capable of forming a binding contract with SANLAND and are not barred from using the Services under applicable law.
(b) Registration and Your Information. If you want to use certain features of the Services, you’ll have to create a design profile (“Design Profile”). You can do this by completing your Design Profile on the Site by providing certain information about you, including your name, contact information (address, email, telephone) and design preferences.
(c) Accuracy of Design Profile Information. It’s important that you provide us with accurate, complete and up-to-date information for your Design Profile and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your use of the Services. You agree that you won’t disclose your Design Profile password to anyone and you’ll notify us immediately of any unauthorized use of your Design Profile. You’re responsible for all activities that occur under your Design Profile, whether or not you know about them.
5. Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected]. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
6. Payments. SANLAND offers different design packages, including the Partial Yard, Full Yard and Exterior Improvement packages, (collectively, the “Design Package(s)”) to users who have created a Design Profile. SANLAND requires different payments for use of the Services, depending on which Design Package is selected by the user. More information on the different Design Packages and pricings can be found at http://sanlandscape.com/design-packages/.
(a) General. When you make a payment (a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date and security code of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
(b) Cancelling a Payment. If no work has been completed on your project, you may cancel a Transaction for a full refund within ten (10) calendar days of your initial purchase, less a processing fee of 10% of the total purchase amount. You may cancel a Transaction for a 50% refund within ten (10) calendar days of your initial purchase if only the design draft has been completed. AFTER THAT TEN (10) CALENDAR DAYS OF THE INITIAL PURCHASE, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR PAYMENT. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction, less a 10% processing fee and any amounts for work already completed. To cancel a Transaction, you can send an email to [email protected]. If you cancel, your right to use the Services will terminate immediately.
7. Content Ownership, Responsibility and Removal.
(a) Definitions. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; (ii) “User Content” means any Content that users who have created Design Profiles provide to be made available through the Services; and (iii) “Deliverables” means any work product that SANLAND specifically creates for users who have purchased a Design Package, including a landscape plan, lighting plan, 3D renderings of the landscape design, and any other materials provided by SANLAND to users in connection with a Design Package.
(b) Our Content Ownership. SANLAND does not claim any ownership rights in your User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, SANLAND and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights incorporated in or accompanying the Services or Content.
(c) Rights in User Content Granted by You. By making User Content available through the Services, you hereby grant to SANLAND a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, distribute copies of, publicly display, and publicly perform your User Content in connection with operating and providing the Services, and delivering any Deliverables to you.
(d) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content nor any use of your User Content by SANLAND on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(e) Rights in Content Granted by SANLAND. Subject to your compliance with these Terms, SANLAND grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to access and use the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
(f) Rights to Use Deliverables. Subject to your compliance with these Terms, you may use the Deliverables provided by SANLAND to you in any manner in connection with your personal landscaping purposes, but you agree that you will not (a) sell the Deliverables or (b) license the Deliverables to any third party for commercial gain. We reserve the right to post any Deliverables to our public gallery on the Site.
8. General Prohibitions and SANLAND’s Enforcement Rights. You agree not to do any of the following:
(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
(b) Use, display, mirror or frame the Services or any individual element within the Services, SANLAND’s name, any SANLAND trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without SANLAND’s express prior written consent;
(c) Access, tamper with, or use non-public areas of the Services, SANLAND’s computer systems, or the technical delivery systems of SANLAND’s providers;
(d) Attempt to probe, scan or test the vulnerability of any SANLAND system or network or breach any security or authentication measures;
(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by SANLAND or any of SANLAND’s providers or any other third party (including another user) to protect the Services or Content;
(f) Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by SANLAND or other generally available third-party web browsers;
(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(h) Use any meta tags or other hidden text or metadata utilizing a SANLAND trademark, logo, URL or product name without SANLAND’s express prior written consent;
(i) Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content; Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(l) Collect or store any personally identifiable information from the Services from other users of the Services;
(m) Impersonate or misrepresent your affiliation with any person or entity;
(n) Violate any applicable law or regulation; or
(o) Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content or User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
9. DMCA/Copyright Policy. SANLAND respects copyright law and expects its users to do the same. It is SANLAND’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see SANLAND’s Copyright Policy at sanlandscape.com/terms-and-conditions, for further information.
10. Links to Third Party Websites or Resources. The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
11. Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. However, if you have already purchased a Design Package and we terminate, we will refund to you the purchase price of the Design Package you have ordered, less a 10% processing fee and any amounts for work already completed. Upon any termination, discontinuation or cancellation of the Services or your Design Profile, the following Sections will survive: 7, 8, 12, 13, 14, 15, 16, and 17.
12. Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content or the Deliverables.
13. Indemnity. You will indemnify, defend and hold harmless SANLAND and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Deliverables, (ii) your User Content, or (iii) your violation of these Terms.
14. Limitation of Liability.
(a) NEITHER SANLAND NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SANLAND OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(b) IN NO EVENT WILL SANLAND’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR PAYABLE BY YOU TO SANLAND FOR USE OF THE SERVICES.
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SANLAND AND YOU.
15. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 16 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and SANLAND are not required to arbitrate will be the state and federal courts located in the Southern District of New York, and you and SANLAND each waive any objection to jurisdiction and venue in such courts.
16. Dispute Resolution.
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and SANLAND agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and SANLAND are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(b) Exceptions and Opt-out. As limited exceptions to Section 16(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the City of New York, County of New York, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
(e) Class Action Waiver. YOU AND SANLAND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
(f) Severability. If an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
17. General Terms.
(a) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between SANLAND and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between SANLAND and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without SANLAND’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. SANLAND may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(b) Notices. Any notices or other communications provided by SANLAND under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
(c) Waiver of Rights. SANLAND’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SANLAND. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
18. Contact Information. If you have any questions about these Terms or the Services, please contact at
SANLAND
33 WEST 60TH STREET, 2ND FL
NEW YORK, NY10023
SANLAND PRIVACY POLICY
Effective Date: January 20th, 2022
1. Who We Are and What We Do
At San Landscape Design (“SANLAND”), we provide online landscape design services to our customers. This Privacy Policy explains our information practices, the kinds of information we collect, how we use and share that information, and your options.
2. Scope
This Privacy Policy applies to Personal Information Processed by us in our business, including on our websites (each a “Site”), forums, blogs, and other online or offline offerings (collectively, the “Services”). All Individuals whose responsibilities include Processing Personal Information for us are expected to protect it by following this Privacy Policy.
This Policy applies to all of SANLAND’s operating divisions, subsidiaries, affiliates, and branches, and any additional subsidiary, affiliate, or branch of SANLAND that we may subsequently form.
3. Transparency/Notice
3.1 Personal Information We Collect and How We Use It
The types of Personal Information we collect and our privacy practices depend on whether you are a customer, user, visitor (together, “Individuals”) and the requirements of applicable law.
· Communications with Us. We may collect Personal Information from you such as email address, phone number, or mailing address when you request information about our Services, request customer or technical support, or otherwise communicate with us prior to and post purchase.
· Creating Design Profiles. If you create (or begin to create) a Design Profile with us, we may collect Personal Information such as your full name, email address, phone number and physical address. We may also collect other information from you, such as your design preferences and design goals, descriptions about your home, and photographs and videos of your home or yard that you may upload to the Services.
· Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include Personal Information.
· Posting. We may offer forums, blogs, or social media pages. Any content you provide on these channels will be considered “public” and is not subject to privacy protections.
· Chat/Messaging. If you participate in chats with or message SANLAND designers, SANLAND customer service representatives, or other SANLAND representatives through our Services, any Personal Information disclosed in those chats or messages may be collected.
· Automatic Data Collection. We may collect certain information automatically when you use the Services. This information may include your Internet protocol (IP) address, user settings, IMEI, MAC address, cookie identifiers, details about your browser, operating system or device, location information, Internet service provider, pages that you visit before, during and after using the Services, information about the links you click, and other information about how you use the Services. Information we collect may be associated with accounts and other devices.
· Information from Other Sources. We may obtain information about you from other sources, including through third party services and organizations to supplement information provided by you. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with information about our business, products, and Services.
3.2. How We Use Your Information
We Process Personal Information about Individuals for a variety of business purposes, including:
· To Provide Products, Services, or Information Requested including to:
o Manage Individual information and accounts;
o Respond to questions, comments, and other requests;
o Provide access to certain areas, functionalities, and features of our Services;
o Answer requests for customer or technical support; and
o Allow you to register for events.
· For Administrative Purposes including to:
o Measure interest and engagement in our Site and Services;
o Conduct research and development;
o Improve our products and Services;
o Develop new products and Services;
o Ensure internal quality control;
o Verify Individual identity;
o Communicate with you about your account, activities on our Site and Services and policy changes;
o Process your financial information and other payment methods for products or Services purchased;
o Process applications and transactions;
o Prevent potentially prohibited or illegal activities; and
o Enforce our Terms.
· To Market Our Products and Services. We may use Personal Information to provide you with materials about offers, products, and Services that may be of interest, including new content or Services. We may provide you with these materials as permitted by applicable law. Such uses include:
o To tailor content, advertisements, and offers;
o To notify you about offers, products, and services that may be of interest to you;
o To provide Services to you and our sponsors; and
o Other purposes you consent to or are disclosed when you provide Personal Information.
You may contact us at any time to opt out of the use of your Personal Information for marketing purposes as described below.
· De-identified and Aggregated Information Use. We may use Personal Information and other information about you to create de-identified and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access our Site and Services, or other analyses we create. De-identified or aggregated information is not Personal Information, and we may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes.
· Direct Mail, Email and Outbound Telemarketing. Individuals who provide us with Personal Information, or whose Personal Information we obtain from Third Parties, may, as permitted by law, receive periodic emails, newsletters, mailings or phone calls from us with information on SANLAND’s products and services or upcoming special offers/events we believe may be of interest. We offer the option to decline these communications at no cost to the Individual by following the instructions in Section 5 below.
· Sharing Content with Friends or Colleagues. SANLAND’s Site and Services may offer various tools and functionalities. Our services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Email addresses that you may provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be collected or otherwise used by SANLAND or any other third parties for any other purpose.
· Other Uses. SANLAND may use Personal Information to pursue legitimate interests, such as direct marketing, research (including marketing research), network and information security, and fraud prevention, or any other purpose disclosed to you at the time you provide Personal Information or with your consent.
3.3 Cookies, Pixel Tags/Web Beacons, Analytics Information, and Interest-Based Advertising
We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. Technologies are essentially small data files placed on your computer, tablet, mobile phone, or other devices that allow us to record certain pieces of information whenever you visit or interact with our Site and Services.
· Cookies. Cookies are small text files placed in visitors’ device browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.
· Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users’ engagement on that web page. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
· Analytics. We may use various analytics services to collect information regarding visitor behavior and visitor demographics on our Site and Services. Below, we list the analytics service providers we use, including links where you can find more information about the analytics services and where you can opt out of the analytic service’s collection and Processing of data generated by your use of the Site and Services.
· Google Analytics, GA Audience, Google Tag Manager, LiveChat
o Information: www.google.com/policies/privacy/partners/
o Opt-Out: http://tools.google.com/dlpage/gaoptout
· Double Click.
o Information: https://policies.google.com/privacy?hl=en
o Opt-Out: https://adssettings.google.com/authenticated
· Facebook Custom Audience and Facebook Connect.
o Information: https://www.facebook.com/privacy/explanation
o Opt-out: https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen
· Drip
o Typekit by Adobe.
o Information: https://www.adobe.com/privacy/policies/adobe-fonts.html.
o Opt-Out: https://www.adobe.com/privacy/opt-out.html#5.
Our uses of such Technologies fall into the following general categories:
· Operationally Necessary. This includes Technologies that allow you access to our Site, Services, applications and tools that are required to identify irregular site behavior, prevent fraudulent activity and improve security or that allow you to make use of our functions such as saved search or similar functions;
· Performance Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use the Services;
· Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Site and Services. This may include identifying you when you sign into our Site or Services or keeping track of your specified preferences, interests, or past items viewed;
· Advertising or Targeting Related. We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Site and Services or on third party sites.
3.4 Third Party Websites/Applications, Social Media Platforms and Software Development Kits
The Services may contain links to other websites/applications and other websites/applications may reference or link to our Site or other Services. These other websites and applications are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.
We may use third party application programming interface (“APIs”) and software development kits (“SDKs”) as part of the functionality of our Services. APIs and SDKs may allow third parties including advertising partners to collect your Personal Information to provide content that is more relevant to you.
3.5 Third-Party Payment Processing
When you purchase a Design Package through the Services, we process your payments through third-party payment processors. In these instances, the third-party payment processor may collect certain financial information from you to process a payment on behalf of SANLAND, including your name, email address, address and other billing information in which case the use and storage of your financial information is governed by the third-party payment processor’s terms, conditions and privacy policies. Our treatment of any financial information that we may Process on your behalf, or that we receive from our payment processors, is subject to this Privacy Policy.
4. Onward Transfer—How We May Disclose Your Information
4.1 Information We Share
We may share your information as described in this Privacy Policy:
· We Use Service Providers. We may share any information we receive with service providers. The types of service providers (processors) to whom we entrust Personal Information include service providers for: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) payment processing such as Stripe and Squarespace; (iv) customer service activities; and (v) the provision of the Site and Services.
· Business Partners. We may provide Personal Information to business partners with whom we jointly offer products or services. In such cases, our business partner’s name will appear along with ours.
· Local Contractors. Once a Deliverable has been provided to you and your design has been finalized, we may provide Personal Information to local, vetted contractors within SANLAND’s network of contractors, or another qualified local contractor that SANLAND searches for, who will implement your design and create a finished product based on your design. Such Personal Information will be shared solely as necessary to match you to a local contractor.
· Marketing – Interest-Based Advertising and Third-Party Marketing. Through our Services, SANLAND may allow third party advertising partners to set Technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, page(s) visited, time of day). We may also combine and share such information and other information (such as demographic information and past purchase history) with third party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third party websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising.” We may allow access to other data collected by the Site and Services to share information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer not to share your Personal Information with third party advertising partners, you may follow the instructions below.
· Disclosures to Protect Us or Others. We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect your, our or others’ rights, property, or safety; (iv) to enforce our policies or contracts; (v) to collect amounts owed to us; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable.
· Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract.
4.2 International Data Transfers
You agree that all information Processed by us may be transferred, Processed, and stored anywhere in the world, including but not limited to, the European Union, the United States or other countries. Personal Information may be stored in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request.
5. Your Choices: Right to Object to Processing
General
You have the right to object to or opt out of certain uses of your Personal Information. Where you have consented to the Processing of your Personal Information, you may withdraw that consent at any time and prevent further Processing by contacting us as described below. Even if you opt out, we may still collect and use non-Personal Information regarding your activities on our Site, Services and/or information from the advertisements on third party websites for other legal purposes as described above.
5.1 Email and Telephone Communications
If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to our Terms or this Privacy Policy). If you receive an unwanted phone call or other communication from us, please contact us at [email protected].
5.2 “Do Not Track”
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
5.3 Cookies and Interest-Based Advertising
You may remove or restrict the placement of Technologies by adjusting your preferences as your browser permits. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/.
Please note you must separately opt out in each browser. Advertisements on third party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners’ use of this information for interest-based advertising purposes.
6. Data Retention
SANLAND retains the Personal Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.
7. Security of Your Information
We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unintentional or accidental disclosure.
By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services, by mail or by sending an e-mail to you.
8. Children’s Information
The Site and Services are not directed to people under 18 (or other age as required by local law), and we do not knowingly collect Personal Information from children. If you learn that your child has provided us with Personal Information without your consent, you may contact us as set forth below. If we learn that we have collected any Personal Information in violation of applicable law, we will promptly take steps to delete such information and terminate the child’s account.
9. Changes to Our Privacy Policy
We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use the Services after the new Privacy Policy takes effect.
10. Terms of Service
This Privacy Policy is incorporated by reference into the SANLAND Terms of Service (the “Terms”)[Sanlandscape.com/terms-and-conditions]. All other terms not defined in this Privacy Policy will have the meanings set forth in the Terms. The terms “SANLAND,” “we,” and “us” include SANLAND and our affiliates and subsidiaries.
11. Contact Us
If you have any questions about our privacy practices or this Privacy Policy, please contact us at:
SANLAND
33 WEST 60TH STREET, 2ND FL
NEW YORK, NY10023
12. Definitions
· “Personal Information” is any information relating to an identified or identifiable natural person.
· “Process” or “Processing” means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
SANLAND COPYRIGHT POLICY
Effective Date: January 20th, 2022
Notification of Copyright Infringement
San Landscape Design (“SANLAND”) respects the intellectual property rights of others and expects its users to do the same.
It is SANLAND’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe the copyrights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, SANLAND will respond expeditiously to claims of copyright infringement committed using the SANLAND website or other online network accessible through a mobile device or other type of device (the “Sites”) that are reported to SANLAND’s Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to SANLAND’s Designated Copyright Agent. Upon receipt of the Notice as described below, SANLAND will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.
DMCA Notice of Alleged Infringement (“Notice”)
1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.
3.Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
· “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
· “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name, contact information and your electronic or physical signature.
Deliver this Notice, with all items completed, to
SANLAND
33 WEST 60TH STREET, 2ND FL
NEW YORK, NY10023
