Privacy Policy and Terms of Use

PRIVACY POLICY

LAST UPDATED: May 17th, 2020 and GDPR Compliant

This website is operated by Fog City Gardener (“we” or “us”). The privacy policy below discloses our practices regarding information collection and usage on this “website”, www.fogcitygardener.com. This privacy policy does not apply to any other website or service provided by us, our affiliates, sponsors, parent or subsidiary companies, or clients unless it appears on such website or service. By using and visiting our website and by submitting your personal information to us, you agree and authorize us to use your personal information as set out in this privacy policy. If you do not agree to this privacy policy, you may not access or otherwise use this website or service. In using and continuing to use this website and any products or services offered on it, you are confirming your consent to the terms of this privacy policy.

What information do we collect?

We do not collect personal information from you unless you voluntarily supply it to us. “Personal Information” means information that identifies you as an individual and may include your name, email address, or telephone number.

Generally, we collect personal and other information from you when you email us; register as a Fog City Gardener affiliate; place an order for a product, course, program, or summit offered on our website; respond to a survey; opt-in to our digital mailing list; apply for employment; contact us, or fill out an online form. When you place an order on our website, you may be asked to enter your name, email address, credit card information, mailing address, or phone number, as appropriate for the transaction. You may, however, visit our website anonymously.

We may automatically collect certain non-personal information about you when you visit the website. “Non-personal information” may include, but is not limited to, the type of browser or device operating system you use, the website that linked you to our website, the time you spend and the pages you view on the website, and your IP address. We may also aggregate information collected from website visitors, such as the number of users in a particular region or having particular characteristics.

How do we use your information?

Any of the information we collect from you may be used in one of the following ways:

  • To personalize your experience – your information helps us to better respond to your individual needs.
  • To improve our website and offerings – we continually strive to improve our Website offerings based on the information and feedback we receive from you.
  • To improve customer service – your information helps us to respond more effectively to your customer service requests and support needs.
  • To process transactions – your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
  • To administer a contest, promotion, survey or other website feature.
  • To add you to our and/or our affiliates’ mailing lists so that we or our affiliates may (jointly or independently) send you emails, including promotional emails, related to our respective products.
  • To operate the website and provide you with information or services that you have requested.
  • To send you information, respond to inquiries, and/or other requests or questions.
  • To process and consider your affiliate registration.
  • To process and consider your job application.

Non-personal or aggregate information may be shared with any number of parties, provided that such information shall not specifically identify you.

How do we protect your information?

We take commercially reasonable measures to ensure the personal information you disclose to us is kept secure. However, due to the inherently open nature of the internet, we cannot ensure or warrant the security of any information you provide online. We implement a variety of security measures to maintain the safety of your personal information when you place an order, enter, submit, or access your personal information. We offer the use of a secure server. All sensitive and credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our database to be only accessed by those authorized with special access rights to our systems, who are required to keep the information confidential.

Do we use cookies?

Yes, we use cookies. Cookies are small files that a website or its service provider transfers to your computer’s hard drive through your web browser (if you allow) that enable the site’s or service provider’s systems to recognize your browser and capture and remember certain information. Cookies and similar items are not used by us to automatically retrieve personal information from your device without your knowledge. We use cookies to compile aggregate data about website traffic and website interaction so that we can offer better website experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our website visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business. If you want to stop or restrict the placement of cookies or clear any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences accordingly. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies you may not be able to access certain areas or features and functionality of our website.

Do we disclose any information to outside parties?

We do not sell to or trade your personal information with outside parties. We may send your personal information to our parent, subsidiary or related companies, affiliates and trusted third parties to help us process your personal information for the purposes set out in this privacy policy. We may transfer your personal information to our parent, subsidiary or related companies, affiliates, and trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep such information confidential. We may also permit our vendors and subcontractors to access your personal information, but only in connection with performing services for us. They are not authorized by us to use your personal information for their own benefit. We may also release your information when we believe release is reasonably necessary to comply with the law or when we reasonably believe we are required by law or legal process to enforce our website policies; protect the legal rights, property, or safety of Fog City Gardener or others; or investigate, prevent, or take action regarding suspected or actual unlawful or otherwise prohibited activities, including, but not limited to, fraud, harassment or other violations of law or the policies of the website.

We may disclose your personal information in connection with a bankruptcy proceeding or if we or any of our assets or divisions are the subject of a sale or similar corporate transaction, including without limitation a merger, acquisition or change of control. Non-personal information, as defined in this privacy policy, may be provided to other parties for marketing, advertising, or other uses.

Where do we send your information?

Our website is maintained in the United States of America. By using the website, you freely and specifically give us your consent to export your personal information to the U.S.A. and to store and use it in the U.S.A. as specified in this privacy policy. You understand that data stored in the U.S.A. may be subject to lawful requests by the courts or law enforcement authorities in the U.S.A..

How long do we keep your information?

If you provide us with personal information through the Website, we retain your information for as long as necessary for our business purposes. This may include, but is not limited to, retaining such information to comply with our legal obligations, resolving legal disputes, and enforcing our agreements. Even if we delete some or all your personal information, we may continue to retain and use aggregate or anonymous data previously collected and/or anonymize or aggregate your personal information. Please note that we are not liable for any disclosures of your data due to errors or unauthorized acts of third parties.

Third-party Links

Occasionally, at our discretion, we may include or offer third party products or services on our website or link to third party websites. These third-party sites have separate and independent privacy policies. We do not operate or endorse these third-party websites. We therefore have no responsibility or liability for the content and activities of these linked sites. This privacy policy does not apply to third-party websites. When you link away from our website, you do so at your own risk. We encourage you to read the policies and terms of every website you visit.

We may also integrate social networking services into our website. You understand that we do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our website, we are doing so merely as an accommodation and, like you, we are relying upon those third-party services to operate properly and fairly.

You should be aware that information that you voluntarily include and transmit online in a publicly accessible blog, social network, or otherwise online may be viewed and used by others. We are unable to control such uses of your personal information, and by using such services you assume the risk that the personal information provided by you may be viewed and used by third parties.

California Online Privacy Protection Act Compliance

Because we value your privacy we have taken the necessary precautions to comply with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent, except as otherwise provided in this privacy policy.

Children’s Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act). We do not knowingly collect any information from anyone under 13 years of age. Our Website, products and services are not intended or designed to attract children under the age of 13. All our services and products are directed to people who are at least 13 years old or older. If we are made aware that we have received information about a minor under the age of 13 or any other information in violation of our policy, we will use reasonable efforts to locate and remove that information from our records. If you are under 13 years old and wish to ask a question or use this website in any way which requires you to submit your personal information, please ask your parent or guardian to do so on your behalf.

Opt-out Rights

To opt-out of any future promotional messages from us, you should send us a request to unsubscribe at info@fogcitygardener.com or update your user account on our website. We will process your request within a reasonable time after receipt. However, we are not responsible for removing your personal information from the lists of any third party who has previously been provided with your information in accordance with this privacy policy or your consent.

As noted above, you may opt-out of or restrict the placement of cookies on your device or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on many mobile devices. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Terms and Conditions

Please also view our Terms and Conditions (found below), which establishes the requirements, agreements, disclaimers, and limitations of liability governing your use of our website.

Changes to our Privacy Policy

We will post any changes to the Privacy Policy on this web page, and the revised version will be effective when it is posted. If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically. Please look at the top of this page for the last updated date.

Contacting Us

If you have any questions regarding this privacy policy, you may contact us by email at info@fogcitygardener.com or by USPS mail addressed as follows:
Fog City Gardener
C/O Blas Herrera
234 Monticello Street
San Francisco, California,
94132

TERMS OF SERVICE

Terms and Conditions of Use

LAST UPDATED: May 17th, 2020

INTRODUCTION

Welcome to www.fogcitygardener.com. This website is owned and operated by Fog City Gardener (“FCG”). By visiting our website and any related media owned and operated by FCG, its parent, subsidiary, or related companies, or accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated herein (“User Agreement”), along with the terms and conditions set forth in our Privacy Policy.

We reserve the right to change this User Agreement from time to time. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. Please look at the top of this page for the last updated date.

Please read these terms carefully, as they impact your legal rights, including how you may resolve disputes.

Responsible Use and Conduct; Prohibited Use

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (“Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

You understand that:

  • You agree that any information you provide will always be accurate, correct, and up to date.
  • You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s).
  • Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
  • Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
  • Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
  • To the fullest extent permitted by law, you are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner.

By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

  • Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language.
  • Infringes on any trademark, patent, trade secret, copyright, or other proprietary rights of any party.
  • Contains any type of unauthorized or unsolicited advertising.
  • Impersonates any person or entity, including any www.fogcitygardener.com employees or representatives.

You agree not to use our website or our resources to:

  • upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data.
  • harvest, collect, gather, or assemble information or data regarding other users, including e-mail addresses, without their consent.
  • interfere with, disrupt, or create an undue burden on servers or networks connected to the Site including via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under this User Agreement.
  • attempt to gain unauthorized access to the website, other computer systems or networks connected to or used together with the Service, through password mining or other means.
  • tamper with any copyright protection mechanisms applicable to content on the website.
  • introduce software or automated agents or scripts to the website so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
  • to automate what are otherwise manual or one-off procedures; and
  • to frame portions of the website within another web site.

We have the right at our sole discretion to remove any content that we feel, in our sole judgment, does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. If you post content that we choose to remove, you hereby consent to such removal.

We do not assume any liability for any content posted by you or any other third-party users of our website. However, with respect to any content posted by you, you agree to give us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display, and/or distribute as we see fit.

Indemnification

You agree to indemnify and hold harmless Fog City Gardener and any of its parent companies, subsidiaries, and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. To the fullest extent permitted by law, we reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Digital Millennium Copyright Act (“DMCA”) Notice

Materials may be made available via the website by third parties not within our control. We are under no obligation to, and do not, scan content posted on the website for the inclusion of illegal or impermissible content.

However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the website. If you believe any materials on the website infringe a copyright, you should provide us with written notice that at a minimum contains:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be 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.
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent via email to info@fogcitygardener.com and by USPS mail to our designated agent as follows:
Fog City Gardener
C/O Blas Herrera
234 Monticello Street
San Francisco, California,
94132

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, please see above.

Limitation of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, BY USING OUR WEBSITE, YOU UNDERSTAND AND AGREE THAT ALL RESOURCES WE PROVIDE ARE “AS IS” AND “AS AVAILABLE”. THIS MEANS THAT WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

  • THE USE OF OUR RESOURCES WILL MEET YOUR NEEDS OR REQUIREMENTS.
  • THE USE OF OUR RESOURCES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERRORS.
  • THE INFORMATION OBTAINED BY USING OUR RESOURCES WILL BE ACCURATE OR RELIABLE, AND
  • ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY RESOURCES WE PROVIDE WILL BE REPAIRED OR CORRECTED.

FURTHERMORE, YOU UNDERSTAND AND AGREE THAT:

  • ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR RESOURCES IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICES FOR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH CONTENT.
  • TO THE FULLEST EXTENT PERMITTED BY LAW, NO INFORMATION OR ADVICE, WHETHER EXPRESSED, IMPLIED, ORAL, OR WRITTEN, OBTAINED BY YOU FROM FOG CITY GARDENER OR THROUGH ANY RESOURCES WE PROVIDE SHALL CREATE ANY WARRANTY, GUARANTEE, OR CONDITIONS OF ANY KIND, EXCEPT FOR THOSE EXPRESSLY OUTLINED IN THIS USER AGREEMENT.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN CONJUNCTION WITH THE LIMITATION OF WARRANTIES AS EXPLAINED ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF PRODUCTS AND/OR SERVICES. FOG CITY GARDENER WILL NOT BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY LOSS OR DAMAGES WHICH MAY BE INCURRED BY YOU AS A RESULT OF USING OUR RESOURCES, OR AS A RESULT OF ANY CHANGES, DATA LOSS OR CORRUPTION, CANCELLATION, LOSS OF ACCESS, OR DOWNTIME TO THE FULL EXTENT THAT APPLICABLE LIMITATION OF LIABILITY LAWS APPLY.

Copyrights/Trademarks

All content and materials available on www.fogcitygardener.com, including but not limited to text, graphics, website name, taglines, code, images, videos, and logos are the intellectual property of Fog City Gardener and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Fog City Gardener.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information, to the extent permitted by applicable law.

Governing Law

This website is controlled by Fog City Gardener from our offices located in San Francisco, California, U.S.A. It can be accessed by most countries around the world. As each country has laws that may differ from those of California, by accessing our website, you agree that the statutes and laws of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, to the fullest extent permitted by law, any action to enforce this User Agreement shall be brought in the federal or state courts located in San Francisco, California, you hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

TO THE FULLEST EXTENT PERMITTED BY LAW, UNLESS OTHERWISE EXPRESSED, FOG CITY GARDENER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

International Use

We control and operate the website from cloud-based servers located and backed up internationally and domestically. However, we do not represent that materials on the website are appropriate or available for use in all geographic locations across the globe. You agree to comply with all applicable laws, rules, and regulations relating to your use of the website. You represent that you are not located in a country that is subject to a United States of America Government embargo, or that has been designated by the U.S.A. Government as a “terrorist supporting” country; and you are not listed on any U.S.A. Government list of prohibited or restricted parties.

We collect information about visitors who comment on Sites that use our Akismet anti-spam service. The information we collect depends on how the User sets up Akismet for the Site, but typically includes the commenter’s IP address, user agent, referrer, and Site URL (along with other information directly provided by the commenter such as their name, username, email address, and the comment itself).

Plugin: Smush

Note: Smush does not interact with end users on your website. The only input option Smush has is to a newsletter subscription for site admins only. If you would like to notify your users of this in your privacy policy, you can use the information below.

Smush sends images to the WPMU DEV servers to optimize them for web use. This includes the transfer of EXIF data. The EXIF data will either be stripped or returned as it is. It is not stored on the WPMU DEV servers.

Smush uses the Stackpath Content Delivery Network (CDN). Stackpath may store web log information of site visitors, including IPs, UA, referrer, Location, and ISP info of site visitors for 7 days. Files and images served by the CDN may be stored and served from countries other than your own. Stackpath’s privacy policy can be found here.

Smush uses a third-party email service (Drip) to send informational emails to the site administrator. The administrator’s email address is sent to Drip and a cookie is set by the service. Only administrator information is collected by Drip.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us by email at info@fogcitygardener.com or by USPS mail to our designated agent as follows:
Fog City Gardener
C/O Blas Herrera
234 Monticello Street
San Francisco, California,
94132

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