This Privacy Shield Policy Statement applies to all personal information received by The Learning Gardener in the United States from European Union member countries, in any format, including electronic, paper or verbal.
The Learning Gardener has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.
For complaints left unresolved by all other available channels, individuals may invoke binding arbitration before a Privacy Shield Panel.
US-Swiss Safe Harbor
The Learning Gardener has further committed to refer unresolved privacy complaints under the US-Swiss Safe Harbor to an independent dispute resolution mechanism operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.
For purposes of this Policy, the following definitions shall apply:
"Agent" means any third party that collects or uses personal information under the instructions of, and solely for, The Learning Gardener or to which The Learning Gardener discloses personal information for use on The Learning Gardener's behalf.
"TIS" means The Learning Gardener, its predecessors, successors, subsidiaries, divisions and groups in the United States.
"Personal information" means any information or set of information that identifies or could be used by or on behalf of The Learning Gardener to identify an individual. Personal information does not include information that is encoded or anonymized, or publicly available information that has not been combined with non-public personal information.
The privacy principles in this Policy have been developed based on the EU-U.S. Privacy Shield Framework and the US-Swiss Safe Harbor Framework.
The Learning Gardener is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
The Learning Gardener may be required to disclose an individual's personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
Where The Learning Gardener collects personal information directly from individuals in the European Economic Area (EEA), it will inform them about the purposes for which it collects and uses personal information about them, the types of non-agent third parties to which The Learning Gardener discloses that information, the choices and means, if any, The Learning Gardener offers individuals for limiting the use and disclosure of personal information about them, and how to contact The Learning Gardener. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to The Learning Gardener, or as soon as practicable thereafter, and in any event before The Learning Gardener uses or discloses the information for a purpose other than that for which it was originally collected.
Specifically - The Learning Gardener is a marketing service company focusing on the mobile application marketplace.
When individuals use certain features of its Website, The Learning Gardener may collect personally identifiable information from them that may include their email address and mobile phone number. The Learning Gardener automatically collects non-personally identifiable information such as IP addresses and website usage information from them when they visit its Website.
The Learning Gardener may disclose and use personally identifiable information to resolve disputes, troubleshoot problems, enforce its Terms of Service or to alert individuals to changes in its policies or agreements that may affect their use of its Website. The Learning Gardener may also disclose personally identifiable information when, in its sole discretion, it believes it is necessary or appropriate, in connection with a sale or transfer of some or all of its assets in the Website, or when, in good faith, it believes that the law requires it to do so.
The Learning Gardener Application Marketing Service
The Learning Gardener buys mobile advertising space on behalf of its clients. When individuals click on a client ad or application link delivered by The Learning Gardener, The Learning Gardener servers receive and store a mobile identifier ("Mobile ID") which is a pseudonymous number that is associated with their mobile device. The Learning Gardener cannot use the Mobile ID to identify them personally, but it does enable The Learning Gardener to deliver relevant advertising to each mobile device. In addition to the Mobile ID, The Learning Gardener collects information about the kind of mobile device they use (e.g., iPhone, Samsung), the operating system for their mobile device (e.g., Android, Apple O/S), IP address, the applications they download from The Learning Gardener, when, how, and how often they use those applications.
The Learning Gardener uses their device's Mobile ID and other information about client applications they download to help their clients understand which ads are most effective at generating downloads of the client's applications. The Learning Gardener also use your Mobile ID and the information associated with their device Mobile ID over time (e.g., the applications they download, when and how they use those applications, and any publisher-provided demographic data) to enhance our services and to select The Learning Gardener client ads that are most likely to be of interest to them.
Mobile Information Sharing, Onward Transfer
The Learning Gardener discloses the information in its systems from its application marketing services, including Mobile IDs and/or the information associated with Mobile IDs over time for the following purposes:
- To The Learning Gardener clients when individuals click on client's ads and/or download their application;
- In response to legal process (for example, a court order, search warrant or subpoena);
- When The Learning Gardener, in our sole discretion, believes it is necessary or appropriate, in connection with a sale or transfer of some or all of our assets, or when we, in good faith, believe that the law requires us to do so.
- In other circumstances when necessary either to protect the rights or property of The Learning Gardener, The Learning Gardener Clients, and third parties.
- The Learning Gardener may transfer information to a successor entity in connection with a corporate merger, consolidation, sale of assets, bankruptcy, or other corporate change. If The Learning Gardener is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your personally identifiable information, as well as any choices you may have regarding your information.
Except as described above The Learning Gardener does not share data to non-Agent third parties.
Where The Learning Gardener receives personal information from its subsidiaries, affiliates or other entities in the EEA, it will use and disclose such information in accordance with the notices provided by such entities and the choices made by the individuals to whom such personal information relates.
The Learning Gardener will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. Individuals with concerns about how their data is being used can contact The Learning Gardener's Privacy Officer at the address below.
The Learning Gardener will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. The Learning Gardener will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.
Transfers To Agents
The Learning Gardener will obtain assurances from its agents that they will safeguard personal information consistently with this Policy, by means of a contract obligating the agent to provide at least the same level of protection as is required by the relevant Privacy Principles, Where The Learning Gardener has knowledge that an agent is using or disclosing personal information in a manner contrary to this Policy, The Learning Gardener will take reasonable steps to prevent or stop the use or disclosure.
In cases of onward transfer to third parties of data of EU individuals received pursuant to the EU-US Privacy Shield, The Learning Gardener is potentially liable.
Access and Correction
The Learning Gardener provides individuals the right to access personal information that it holds about them. In addition, The Learning Gardener will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete. In most cases personal information can be accessed and modified by the individual by logging into their account and self-managing their personal information. In an instance where the specific personal information cannot be self-managed the individual should contact the site administrator for support.
The Learning Gardener will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
The Learning Gardener will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that The Learning Gardener determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment.
Limitation on Application of Principles
Adherence by The Learning Gardener to these privacy principles may be limited (a) to the extent required to respond to a legal or ethical obligation; (b) to the extent necessary to meet national security, public interest or law enforcement obligations; and (c) to the extent expressly permitted by an applicable law, rule or regulation.
Questions or comments regarding this Policy should be submitted to the The Learning Gardener Privacy Office by e-mail to:
E-mail to Contact Page
This Policy may be amended from time to time, consistent with the requirements of the EU-US Privacy Shield Framework and US-Swiss Safe Harbor Principles.
EFFECTIVE DATE: September, 2020