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PRIVACY POLICY & Terms of Use

PRIVACY POLICY

This Privacy Policy discloses the privacy practices for the BrightFarms, Inc. owned and operated websites and other product offerings (collectively referred to as the “Services”), and to any other services that display this Privacy Policy. Your privacy is very important to us. To better protect your privacy, we provide this Privacy Policy explaining our information practices and the choices you can make about the way your information is collected and used by BrightFarms, Inc.

The Information We Collect

We may collect information, including any personally identifiable information that you provide to us in the course of using the Services. The types of information that may be collected through the Services include, but are not limited to: name, address, gender, e-mail address, telephone number or fax number.

We may also collect certain non-personally identifiable information when you visit our web pages, open our emails or otherwise use the Services, including such information as the type of browser and operating system you are using, your IP address, your device identifiers, your Internet or wireless service provider, location-based information, and the content you have interacted with, viewed, or accessed. This data may be combined and linked with data from other sources.

How We Use the Information

We may use the information collected under this Privacy Policy in the following ways:

We may use the information you provide about yourself or others to respond to inquiries about offerings and to offer other products, programs or services that may be of interest.

We may combine information we receive with outside records and share such information with third parties for use on our behalf to enhance our ability to market to you those products or services that may be of interest to you.

We may sometimes use this information to communicate with you.

We may sometimes use the non-personally identifiable information that we collect to improve the design and content of websites, and to enable us to customize your Internet experience. We also may use this information to analyze site usage, as well as to offer you products, programs, or services.

We will disclose information we maintain when required to do so by law, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency’s request.

Agents and contractors of BrightFarms Inc. that have access to personally identifiable information are required to protect this information in a manner that is consistent with this Privacy Policy by, for example, not using the information for any purpose other than to carry out the services they are performing for BrightFarms, Inc.

Please note that if BrightFarms, Inc. or any of its subsidiaries or lines of business is merged, acquired, divested, financed, sold, disposed of or dissolved, including through merger of, consolidation, sale or divestiture of assets, the personally identifiable information we may possess about you, may, in whole or in part, be sold, disposed of, transferred, divested, or otherwise disclosed as part of that transaction or proceeding.

Privacy Options

If you prefer not to receive e-mail marketing from BrightFarms, Inc. please send your name and email address to info@brightfarms.com.

We will not use or transfer personally identifiable information provided to us in ways unrelated to the ones described above without also providing you with an opportunity to opt out of these unrelated uses.

Your California Privacy Rights: Notice to California Customers

California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. (Note: BrightFarms, Inc. sites do not recognize the “do not track signals” that some browsers may employ.) As discussed above, if you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes offline please email info@brightfarms.com. To find out more about your opt-out rights, please contact us as described in the “How to Contact Us” section below.

Collection of Information by Third Parties

We may use third parties to present or serve advertisements, including online behavioral advertisements, that you may see on the Services and to conduct research about the advertisements-or the Services themselves. Additionally, third parties may place and use tracking mechanisms, e.g., tracking pixels, in the emails we may send to you. This Privacy Policy does not cover any use of information that such third parties may have collected from you (e.g., type of browser, operating system, domain name, day and time of visit, page(s) visited) or the methods used by the third-parties to collect that information (e.g., cookies, web beacons and clear gifs). BrightFarms, Inc. does not share information that identifies you. Only anonymous data is collected.

Cookies and other Tracking Technologies

We may place “cookies” on your computer or device. Cookies are small text files that we place in your computer or device to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personal information unless you choose to provide this information to us by, for example, subscribing to our newsletter. Once you choose to provide us with personal information, this information may be linked to the data stored in the cookie.

Most browsers automatically accept cookies. You can set your browser option so that you will not receive cookies and you can also delete existing cookies from your browser. However, you may find that some parts of the site will not function properly if you have refused cookies or similar tracking technologies and you should be aware that disabling cookies or similar tracking technologies might prevent you from accessing some of our content. If you wish to block cookies, go to http://www.allaboutcookies.org/to find out how, or check your browser’s instructions.

Tracking technologies may be deployed by us and/or by our service providers or partners on our behalf. These technologies enable us to assign a unique number to you, and relate your usage information to other information about you, including your personal information. We may match information collected from you through different means or at different times, including both personal information and Service usage information, and use such information along with offline and online information obtained from other sources (including third parties) such as demographic information and updated contact information (where that information has been lawfully disclosed to us) for the purposes of learning more about you so we can provide you with relevant content.

Our Commitment to Security

We have put in place certain administrative, technical, and physical safeguards to help prevent unauthorized access, maintain data security and correctly use the information we collect. No system can be completely secure, however, and we do not guarantee that unauthorized disclosures and access will not happen. Although we take measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy.

Changes to this Privacy Policy

This Privacy Policy may be changed by BrightFarms, Inc. The revised Privacy Policy will be posted to this page so that you are aware of the information we collect, how we use it, and under what circumstances we may disclose it.

How to Contact Us

If you have any questions or concerns about the BrightFarms, Inc. Privacy Policy or its implementation please contact us via email at info@brightfarms.com or by writing to:

BrightFarms, Inc.
One Bridge Street, Suite 002-4
Irvington, NY 10533
Last updated: August 5, 2019

 

TERMS OF USE

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the http://www.brightfarms.com(the “Website”) operated by BrightFarms, Inc. (“us”, “we”, or “our”).

Your access to and use of The Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use The Website.

By accessing or using The Website you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access The Website.

Proprietary Rights

As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Website, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, etc.), code, data and materials thereon, the look and feel, design and organization of the Website, and the compilation of the content, code, data and materials on the Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Website does not grant to you ownership of any content, code, data or materials you may access on or through the Website.

Limited License

You may access and view the content on the Website on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on the Website, make single copies or prints of the content on the Website for your personal, internal use only. Unless otherwise specifically indicated in these Terms and Conditions or on the Website, use of the Website and the services offered on or through the Website, are only for your personal, non-commercial use.

Prohibited Use

Unless otherwise specifically indicated in these Terms and Conditions or on the Website, any commercial or promotional distribution, publishing or exploitation of the Website, or any content, code, data or materials on the Website, is strictly prohibited unless you have received the express prior written permission from our authorized personnel or the otherwise applicable rights holder. Other than as expressly allowed herein or on the Website, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Website. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading or otherwise using any copyrighted material from or through the Website. If you make other use of the Website, or the content, code, data or materials thereon or available through the Website, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

Trademarks

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Website or on content available through the Website are our registered and unregistered Trademarks and of others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on the Website are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Website or on or through any of the Website’s services is strictly prohibited.

User Information

In the course of your use of the Website and/or the services made available on or through the Website, you may be asked to provide certain personalized information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Website’s Privacy Policywhich is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.

Submitted Materials

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Website, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to chat rooms, message boards, survey responses, and/or our social media pages, or send to us via e-mail) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Website’s Privacy Policy.By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

Prohibited User Conduct

You warrant and agree that, while using the Website and the various services, features and functionality offered on or through the Website, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Website’s content, materials or services, or, except as otherwise specifically authorized in these Terms and Conditions or on the Website use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Website. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Website or the services made available on or through the Website in any manner that could interrupt, damage, disable, overburden, or impair the Website or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website or the Website’s services or features in violation of our or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’s services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website’s services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Website in any manner that could interfere with any other party’s use and enjoyment of the Website or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.

Indemnification; Disclaimer; Exclusion of Liability

You agree to defend, indemnify and hold us and our affiliates and our and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Website, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. The information on this Website is provided “as is” and all express or implied warranties and representations, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, are disclaimed. BrightFarms makes no representations, warranties or guarantees as to the information on this Website. In no event will BrightFarms, our affiliates and our and their directors, officers, employees and agents be liable for damages of any kind, under any legal theory, arising out of or in connection with your use of the Website, including any direct, indirect, special, incidental, consequential or punitive damages, even if foreseeable, and you covenant not to sue BrightFarms for any such damages.

Linking to the Website

Unless otherwise specifically indicated in these Terms and Conditions or on the Website, you agree that: (i) if you include a link from any other Website to the Website, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Website; (ii) you are not permitted to link directly to any image hosted on the Website or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another Website; and (iii) you agree not to download or use images hosted on this Website on another Website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other Website to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third-party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other Website at any time upon written notice to you.

Links To Other Websites

The Website may contain links to third-party websites or services that are not owned or controlled by BrightFarms, Inc. BrightFarms, Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that BrightFarms, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Websites or services.

Applicable Laws

We control and operate the Website from our offices in the United States of America. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The laws of the state of New York will apply to any action, suit or proceeding arising under these Terms and Conditions and you agree that the state and federal courts located in New York, New York shall have exclusive jurisdiction over any such action, suit or proceeding. All parties to these terms and conditions waive their respective rights to a trial by jury.

Termination

We may terminate, change, suspend or discontinue any aspect of the Website or the Website’s services at any time. We may restrict, suspend or terminate your access to the Website and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. We maintain a policy that provides for the termination in appropriate circumstances of the Website use privileges of users who are repeat infringers of intellectual property rights.

Changes to Terms of Use

We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Website and/or the services made available on or through the Website after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.

Contact Us

If you have any questions about these Terms, please contact us via email at info@brightfarms.com or by writing to:

BrightFarms, Inc.
One Bridge Street, Suite 002-4
Irvington, NY 10533
Last updated: August 5, 2019