Shop Bonsai and its Affiliates (“Company”, “Bonsai”, “we”, “our” or “us”) values our customers, including you (“you” or “your”) and we respect your privacy and personal information which is information about an identifiable individual (as defined by applicable privacy or data protection laws). The Company owns, operates and maintains the shopbonsai.ca website at www.shopbonsai.ca (the “Website”), and the Shop Bonsai mobile application (the “App”), collectively referred to as the “Platform”. This privacy policy (this “Policy”) applies to your use of our Platform, software, and/or services (“Products”) and describes the kinds of personal information we collect about you, how we use it, how we protect it, and under what circumstances we share it with third parties. This Policy also describes the decisions you can make about your personal information. You may require us to change, amend, or delete the personal information that you have provided to us at any time. “Affiliates” means any entity directly or indirectly controlling or controlled by, or under control with, Shop Bonsai. If this Policy changes in the future, we will post an updated version on our website at www.shopbonsai.ca (the “Website”). We recommend that you check this Website periodically in order to review our current Policy. You can tell if this Policy has changed by checking the effective date that appears at the bottom of this Policy. Depending on the circumstances, we may also decide to send you a notice in other ways in our discretion, such as via email or other contact information you have provided that the Policy was changed. If you continue to use our Products after the Policy changed or notice of the change has been given, you will be deemed to have accepted such changes.
The information we collect is governed by United States ("US") law. By accessing or using our Products or otherwise providing information to us, you consent to the processing and transfer of information in and to the US and other countries.
For purposes of this Policy, "Personal Information" is defined as information that (1) is recorded in any form; (2) is about, or pertains to a specific individual; and (3) can be linked to that individual.
When you use our Products you may need to create an account with us. In order to create an account, you will need to provide us with login credentials, including an email address and password.
a. Account information:
When you use our Products you may need to create an account with us. In order to create an account, you will need to provide us with login credentials, including an email address and password.
b. General usage data:
When you use our Products we may collect technical properties of hardware and software you use in conjunction with our Products. For example, we may collect the type and model of hardware and/or web browser you are using, referring or exit web pages, and the operating system version you are using.
When you use our Products we may also collect information about how long you use our Product in each session, features you use in our Products, how long you use our Products overall, the time and day you accessed our Products, etc.
We may record mouse clicks, movements, and other interactions with our pages or features to help us improve usability.
c. Purchase and Payment Information:
While payments made through our Products are processed through a third party, we may collect information to administer, manage, and fulfill the purchases you make. For example, we may collect your name, email address, postal address, phone number, account information, what is ordered, the date and time of the order, the quantity and price of the order whether payment was made, method of payment, purchase history, and if you re-ordered.
d. Location information:
When you use our Products, enable data services, use the browser or location-based functionality on your device, location information associated to your device (e.g. Global Positioning System (GPS) or similar satellite triangulation information, Internet Protocol address (IP address) information, carrier or tower ID, the BSSID (Broadcast Service Set Identifier) and MAC address (Media Access Control address) of Wi-Fi access points, and signal strength of visible Wi-Fi hotspots or wireless towers) may be communicated to the Company or our service providers. If we collect and subsequently store such information, it will be in a form that does not personally identify you (e.g. the Company does not maintain a system that would link specific individuals to a BSSID). The Company may process such information to provide you with or facilitate the provision of information and location-based services (e.g. mapping services, measuring traffic congestion, location-sensitive promotions or coupons). If you choose to use location-based services, you agree that such geographic location information may be processed to provide you with such services. If you choose to use location-based services or other applications to disclose your location to other persons or entities, you assume responsibility for the risks involved in doing so, and it is your responsibility to use them appropriately and according to applicable law. If you use Third Party Offerings which provide location-based services, please review the third party's terms and conditions and privacy policy regarding how your location and personal information will be processed, and how to opt-out of any location-based services and advertising provided by the third party.
e. Third party information:
If necessary to fulfill our identified purposes, we may combine the information you submit to us with information obtained from other sources or third party offerings. For example, we may receive personal information about you from third parties involved in providing you with the products, services, hardware, software, and websites you are utilizing, such as from your email, social media, and online file storage provider to facilitate the integration of those products, services, software, and websites with our Products. We treat all such personal information in accordance with this Policy and the terms and conditions between us and such third parties, if any, may also apply. However, the third party's own use of your personal information in such cases will be determined by your agreement(s) with the third party, unless that third party is one of our service providers.
f. Quality assurance and customer service:
Your customer service telephone calls and emails with us and our service providers, if any, may be recorded, logged, and/or monitored for quality assurance and customer service purposes such as to assist in addressing your inquiries, troubleshooting, training and analytics to identify trends and make improvements to our Products and customer service. As part of the recording and logging of the calls and emails, we will collect information like the identity of the caller or sender of email, the date and time of the call or email, and the subject and resolution of the issue.
g. Cookies:
In addition, when you visit our Platform, we collect certain information about your activity on our Platform, as described below under the heading “Our Use of Cookies, Log Files, Web Beacons, and Embedded Scripts. Some of this information would not by itself identify you to us or be personally identifiable and is therefore considered non-personal information. If we combine any such non-personal information with other personal information available to us, the combined information will be treated as personal information in accordance with this Policy.
We use the personal information we collect about you:
Not with standing anything to the contrary contained in this Policy, we may remove personal identifiers from your information and maintain and use it in a de-identified form that may be combined with other information to generate aggregated information. Such de-identified and/or aggregated information will be deemed to be owned by us and we shall have unrestricted title, rights, and interest to the de-identified and/or aggregated information which may include, without limitation, the right to use, distribute, transmit, transfer, license, trade, rent, share, assign, and sell the de-identified and/or aggregated information. We will retain your personal information as long as necessary for the fulfillment of the identified purposes or as otherwise necessary to comply with applicable laws.
You may update your communication preferences anytime by writing us at hello@shopbonsai.ca.
We use the personal information we collect about you:
g. Cookies:
In accordance with this Policy, we may share your personal information:
At any time you can contact us to: stop receiving emails from us; review the personal information held by us in connection with your account; withdraw your consent for our use and disclosure of your information; request a list of third parties to which we may have provided your personal information; close your account; and amend your personal information, by writing to us at 111 George Street, Suite 202, Toronto, Ontario, M5A 2N4. You can always unsubscribe from receiving promotional emails from us by simply clicking the “unsubscribe” link provided at the bottom of every promotional email from us.
If you contact us to do any of the things listed above, we may require you to provide sufficient personal information to allow us to identify you and tell you about the existence, use and disclosure of your personal information and this personal information will only be used for this purpose. If you contact us about your personal information, we will respond to your request within a reasonable time and at minimal cost or no cost to you in accordance with applicable laws.
Generally, you may withdraw at any time your consent for us to collect, use, and disclose your personal information in accordance with this Policy, subject to legal or contractual restrictions and reasonable notice. As such, we may continue to collect, use, and disclose your personal information as may be required to provide you with our Products, and to the extent that we are contractually obligated to do so or as necessary to enforce any contractual obligations you may have with us. If you refuse to provide us with the information we require or later contact us to withdraw your consent for us to use and disclose your personal information, we may no longer be able to provide you with our Products.
When you visit the Platform, we collect certain information by automated means, such as through server log files, cookies (text files sent to and stored on your device when you access the Platform), web beacons (also known as clear GIFs and pixel tags, which may be used to transmit information back to the Platform), and embedded scripts (programming code that is designed to collect information about your interactions with the Platform, such as the links you click on, and which is active only when you are accessing the Platform).
The information we collect in this manner may include details about the computer, mobile phone, or other device used to access the Platform (such as browser type, operating system, and IP address), referring URLs and information on actions taken or interaction with our digital assets.
When you visit our Platform, we may allow some third parties (such as advertising networks and data analytics companies) to collect information about your online activities over time and across different websites. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. However, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” visit http://www.allaboutdnt.com.
In some instances, we may also combine information we receive about you from third parties with information we collect through the Platform.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, our web applications, mobile applications, or certain features thereof, may no longer function.
We aim to provide you with a safe experience. We have in place certain physical, technical, and administrative safeguards designed to appropriately protect the security and privacy of your personal information against loss, theft, and unauthorized access, disclosure, copying, use, or modification. Please note, however, that we cannot guarantee that the measures we maintain will guarantee the security of the information.
We limit access to your personal information within the Company to individuals with a need to know.
Your personal information may be collected, used, processed, transferred, and retained in multiple countries including Canada, the United States, and the European Economic Area which may be outside the region in which you are situated and may have different privacy or data protection legislation, and may therefore be subject to the laws of these countries. If you are a resident of the European Economic Area or a country which restricts data transfers outside of that jurisdiction or region without your consent, by using our Products, you consent to your personal information being transferred outside of the European Economic Area or your country for processing or storage by or on behalf of us.
We provide links on our Platform to third party sites we think you will enjoy. These sites operate independently of us and may have established their own privacy and security policies. Any personal information you provide on linked pages or other sites is subject to that third party’s privacy policy. We strongly encourage you to review these policies at any site you visit. This Policy does not apply to such linked pages or other sites, and we are not responsible for the content or practices of any linked websites which are provided solely for your convenience.
The Platform and Products are not intended for use by children under 18 years of age. We do not knowingly collect or use any personal information from any children under 13 years of age. If we become aware that we have unknowingly collected personal information from a child under the age of 13, we will make commercially reasonable efforts to delete such personal information from our database.
If you have any questions or comments or wish to make a complaint about this Policy, please feel free to contact us by delivery in person, by courier or by the mail, to us at 111 George Street, Suite 202, Toronto, Ontario, M5A 2N4 or by email at hello@shopbonsai.ca. If you contact us about your personal information, we will respond to your request within a reasonable time and at minimal cost or no cost to you in accordance with applicable laws. Depending on the circumstances and applicable laws, we may refuse to process certain access requests (for example, access requests that are unreasonably repetitive or systematic, would be extremely impractical or require disproportionate technical effort).
California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident and would like to make such a request, please email us at hello@shopbonsai.ca. However, please note that under the law, services such as ours that permits California residents to opt in to, or opt out of, this type of sharing are not required to provide such information upon receiving a request, but rather may respond by notifying the user of his or her right to prevent the disclosure. To opt out of having information about you shared with third parties for direct marketing purposes, please email us at hello@shopbonsai.ca.
If you are a Nevada resident who visits our website you may review and request changes to any of your personal information that is collected on our website. Please refer to paragraph 1(c)-(e) for information regarding information available to third party from your activities on our website. To exercise this right, please email us at hello@shopbonsai.ca. Any revision to this Notice required by changes to Nevada law will be posted on this website, so you are advised to review each time there is an update posted.
We may make modifications, deletions, and/or additions to this Privacy Policy at any time. Users are advised to check the date listed at the top of this Privacy Policy for any new updates. By Using our Products you will be deemed to have agreed to the terms of this Privacy Policy as modified, so you are advised to review each time there is an update posted.
Questions, comments, or complaints regarding Shop Bonsai’s Privacy Policy or data collection and processing practices can be emailed to hello@shopbonsai.ca.
Updated March 5, 2018