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Privacy Policy

Last Updated: July 30, 2021

Cheeky Bonsai is a Delaware company incorporated as Ixxa, Inc. (hereinafter, “Cheeky Bonsai,” “we,” or “us”), and this Privacy Policy sets forth the terms and conditions with respect to how we process personal information about you (hereinafter “you” or “your”) and other third parties. This Privacy Policy describes, among other issues, the types of personal information that we collect, the purposes for which we use it, the types of third parties with whom we share it, and any rights and responsibilities you may have with respect to such personal information. This Privacy Policy applies to the personal information you provide us when you visit any of our websites (collectively, the "Site"), purchase or receive products, goods, or services from Cheeky Bonsai, apply for a job with Cheeky Bonsai, or otherwise contact or engage with us. For purposes of this Privacy Policy, the Site and all products, goods and services furnished by Cheeky Bonsai shall be referred to collectively as the "Services."

PLEASE READ THIS PRIVACY POLICY CAREFULLY AS IT DESCRIBES YOUR RIGHTS, RESPONSIBILITIES, AND LIABILITIES. BY ACCESSING OR USING THE SERVICES OR OTHERWISE PROVIDING US WITH PERSONAL INFORMATION, YOU ARE CONSENTING TO THE TERMS OF THIS PRIVACY POLICY AND THE CHEEKY BONSAI TERMS OF SERVICE, WHICH IS INCORPORATED INTO, AND FORMS AN INTEGRAL PART OF, THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY AND THE CHEEKY BONSAI TERMS OF SERVICE,YOU SHOULD NOT USE CHEEKY BONSAI’S SERVICES, AND YOU SHOULD LEAVE THE SITE IMMEDIATELY AND NOT PROVIDE Cheeky Bonsai WITH ANY PERSONAL INFORMATION.

1. Scope

This Privacy Policy applies to personal information that Cheeky Bonsai receives during its business operations. For purposes of this Privacy Policy, the term “personal information” means any information that, alone or in conjunction with other information or data, identifies or is linked to a particular individual, household, or device and that is subject to, or otherwise afforded protection under, a data protection law, statute, or regulation. The term “personal information” does not include anonymized or de-identified data that is not attributable to a particular individual, household, or device and is not otherwise subject to a data protection law, statute, or regulation. Cheeky Bonsai may anonymize or de-identify personal information, and such data is not subject to this Privacy Policy, and Cheeky Bonsai may use such data for any purpose.

2. The Types and Categories of Personal Information We Collect

Cheeky Bonsai collects personal information in order to provide our Services, comply with our legal obligations, promote our business interests, and for the other reasons set forth in this Privacy Policy. When you do not provide personal information to Cheeky Bonsai, we may not be able to provide you the Services or to complete a transaction you requested. Generally, we collect the following types and categories of personal information during our business operations:

  • Identifiers, such as your name, alias, shipping address, email address, account name, telephone number, customer identification number.
  • Information provided when you register for an account to use the Site, including usernames and passwords.
  • Persistent identifiers that can be used to recognize you or your device over time and across different services, including a device identifier, an Internet Protocol (IP) address, cookies, beacons, pixel tags, mobile ad identifiers, and similar technology.
  • Records of the Services you purchased, obtained, or considered, or your other purchasing or consuming histories or tendencies with respect to our Services.
  • Information related to employees, owners, directors, officers, or contractors of a third-party organization (e.g., business, company, partnership, sole proprietorship, nonprofit, or government agency) with whom we conduct, or possibly conduct, business activities.
  • Data pertaining to your access or use of the Site, including browsing history, search history, and information regarding your interaction with the Site or advertisements embedded on the Site or other third-party websites.
  • Information you provide about our Services, which may include data gathered from any Cheeky Bonsai surveys or reviews submitted by you.
  • Information about the general city, state, or region in which a user of the Site is located.
  • If you apply for a job with Cheeky Bonsai, we collect information set forth in a resumé, curriculum vitae, cover letter, and similar documentation, including contact details, employment history, skills, or qualifications, education-level, job compensation and benefit preferences, criminal record, credit history and similar data, and information provided about or by your references.
  • Inferences drawn from some of the personal information categories identified herein and used to create a consumer profile reflecting your purchasing and marketing preferences, characteristics, and behavior.

3. Technical Data

When you access the Site, we collect certain data automatically using technical means and tools. This data relates to your device, and your experience on the Site and other websites, including the following:

Usage and Device Data. When you access and use the Site, we automatically collect details of your access to and use of the Site, including traffic data, usage logs and other communication data, and the resources that you access and use on or through the Site (e.g., browsing history, search history). We may also collect information about your device and internet connection, including the device’s unique identifier (e.g., device type, IMEI, Wi-Fi MAC, IP address), operating system, browser type, and mobile network information. The Site may collect “diagnostic” data related to your use of the Site, such as crash data and logs, performance data (e.g., launch time, hang rate, or energy use), and any other data collected for the purposes of measuring technical diagnostics.

Cookies and Tracking Data. We use “cookies” and other tracking technologies within the Site. A cookie is a small file placed on your smartphone or other device. It may be possible to refuse to accept cookies by activating the appropriate setting on your smartphone or device. However, if you select this setting, some parts of the Site may become inaccessible or not function properly. In addition, the Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us to analyze data on your use of the Site (e.g., recording the popularity of certain content and verifying system and server integrity). The Site may collect data about the advertisements you have seen or engaged. For more information, see our Cookie Policy. 

4. Sources of Information 

We collect the personal information identified herein directly from you when you use our Services, through automated means when you are using the Site, and from third parties. More specifically, we collect personal information from the following sources:

First Party / Direct Collection. We collect personal information directly from you when you use our Services (e.g., account registration, completing purchases, signing-up for subscriptions), when you provide a Product Review (as defined below), or whenever you directly engage with us, such as when you visit our offices or premises or otherwise contact us.

Automated Collection. As described above, we may collect information and data, such as usage data and cookies, through automated means when you use the Site (see “Technical Data” above).

Third-Party Sources. We collect personal information from third parties, such as publicly available databases, social networking providers, advertising companies, our service providers, and third-party references.

5. How We Use your Information / Purpose of Collection

We may use the personal information we collect about you in order to perform our Services, comply with our legal obligations, and promote our business interests, including to (i) provide, operate, maintain, improve, and promote our Services, (ii) enable you to access and use our Services, (iii) process and complete transactions, and send you related information, including purchase confirmations and invoices, (iv) send transactional messages (e.g., responses to your comments, questions, and requests) and provide customer service and support for our Services, (v) furnish technical notices, updates, security alerts, and support and administrative messages to you, (vi) provide you promotional and marketing communications (e.g., information about our Services, features, surveys, newsletters, offers, promotions, contests, and events), (vii) process and deliver contest or sweepstakes entries and rewards, (viii) monitor and analyze trends, usage, and activities in connection with our Services to promote our business interests (e.g., marketing), (ix) investigate and prevent fraudulent transactions, unauthorized access to or use of our Services, and other illegal activities, and (x) personalize our Services, including providing features or advertisements that match your interests and preferences. Notwithstanding the foregoing, Cheeky Bonsai may collect and use your personal information for any other purpose for which we obtain your consent. For the avoidance of doubt, you hereby agree that Cheeky Bonsai may contact you via any means, including SMS/text message and email, to furnish you information regarding a product order, shipping status, warranty-related information, and similar data and information pertaining to a commercial transaction.

Mobile Messaging Program. In the event you opt-in to our Mobile Messaging, we will collect and use your mobile telephone number to maintain and administer our Mobile Messaging Program. Please review the Cheeky Bonsai Terms of Service for more information about the Mobile Messaging Program, including information on how to unsubscribe or update your personal information therein and your responsibilities and liabilities related thereto.

6. Sharing Information / Third-Party Disclosures

We may share your personal information with certain organizations and third parties in accordance with applicable law, including as set out below. However, we do not share personal information with third parties that we have reason to believe use such information for their own direct marketing purposes.

Service Providers. We may share your personal information with companies that provide services on our behalf, such as hosting and analyzing the Site, conducting surveys and marketing on our behalf, processing transactions, and performing analyses to improve the quality of our Services.

Payment Card Transactions. All payments for purchases made through the Site are completed using a third-party vendor’s online payment system. Cheeky Bonsai does not have access to your credit card information and does not store or disclose your full credit card information. Any personal or financial information you provide to our online payment system is subject to the third party’s privacy policy and terms of use, and we recommend you review these policies before providing any personal or financial information. Cheeky Bonsai currently uses Stripe as our payment card processor.

Distributors and Business Partners. We may share your personal information with third parties that distribute our goods, products, and marketing materials.

Business Restructuring. Circumstances may arise where for strategic or other business reasons Cheeky Bonsai decides to sell, buy, divest, merge or otherwise reorganize our businesses. We may disclose your personal information to the extent reasonably necessary to proceed with the negotiation or with the completion of a merger, acquisition, divestiture or sale of all or a portion of Cheeky Bonsai’s assets.

Disclosure for Other Reasons. We may disclose personal information (i) if required by law or government order, or with a legal process, (ii) to protect and defend our rights or property, or (iii) in urgent circumstances, to protect the health and personal safety of any individual. In addition, Cheeky Bonsai may disclose your personal information with any third party when we believe such disclosure is necessary to defend or protect our legal, regulatory, or business interests. We may also disclose your information upon your express consent.

In the event that you facilitate a transaction with Cheeky Bonsai, or request information from or otherwise engage with us, and such activities require Cheeky Bonsai to share your personal information with a service provider or other third party, you hereby consent to such disclosure and/or direct Cheeky Bonsai to intentionally disclose your personal information to the service provider or third party, provided Cheeky Bonsai has determined, in its reasonable judgment, that either (i) the service provider or third party will not sell the personal information or (ii) disclosing the personal information is required or permitted by law.

7. Social Media

We may engage with you on various social media platforms (e.g., Facebook, Twitter, Pinterest, Instagram, TikTok). If you contact us on one of these platforms for customer support or otherwise, we may contact you via the social media’s direct message tools. Those communications are governed by this Privacy Policy as well as the policies and terms of the relevant social media platform. The information we receive will depend on the terms that govern your use of the social media platform(s) and any privacy settings you may have set. The Site includes social media features and widgets (e.g., the “Facebook Like” button, the “Share This” button) or interactive mini-programs that run on the Site. These features may collect your IP address and which Site page you are accessing and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Site. Your interactions with these features are governed by the privacy statement of the relevant social media platform that provides them.

8. Links to Other Websites; Your Direct Third-Party Disclosures

As a resource to you, the Site may include links to third-party websites or provide you the opportunity to disclose information directly to third parties (e.g., credit card processors). Our Privacy Policy does not apply to such third-party websites or organizations. You assume all privacy, security, and other risks associated with providing any data, including personal information, to third parties via the Services. For a description of the privacy protections associated with providing information to third parties, you should refer to the privacy statements, if any, provided by those third parties.

9. Data Retention and Localization

The period during which we retain your personal information varies depending on the purpose for the data processing. For example, we retain personal information needed to provide you with our Services, to facilitate transactions you have requested, or to engage in marketing activities, and for as long as is necessary to defend our legal or business interests. In all other cases, we retain your personal information for as long as is needed to fulfill the purposes outlined in this Privacy Policy. 

Cheeky Bonsai is based in the United States and the personal information that we collect and process is retained and stored in the United States. Please be aware that the United States may not provide the same level of protection of personal information as in your country, state, or other jurisdiction of residence or nationality, and when transferred to the United States, your personal information may be accessible by, or otherwise made available to, government authorities and officials pursuant to judicial and/or administrative orders, decrees, and demands, and/or other domestic laws, statutes, and regulations applicable in the United States. By continuing to provide us such information, you hereby consent to your personal information being transferred to, and stored in, the United States. 

10. Security

We seek to protect the security of your personal information and use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. HOWEVER, NO INFORMATION SYSTEM CAN BE FULLY SECURE AND WE CANNOT GUARANTEE THE ABSOLUTE SECURITY OF YOUR PERSONAL INFORMATION. MOREOVER, WE ARE NOT RESPONSIBLE FOR THE SECURITY OF PERSONAL INFORMATION YOU TRANSMIT TO THE SITE AND/OR THE SERVICES OVER NETWORKS THAT WE DO NOT CONTROL, INCLUDING THE INTERNET AND WIRELESS NETWORKS, AND YOU PROVIDE US WITH ANY PERSONAL INFORMATION AND DATA AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DATA INCIDENT OR EVENT THAT MAY COMPROMISE THE CONFIDENTIALITY, INTEGRITY, OR SECURITY OF YOUR PERSONAL INFORMATION. The safety and security of your personal information also depends on you. Where we have given you (or where you have chosen) a username and password to access our Services, you are responsible for maintaining the security and confidentiality of those credentials and not revealing them to others. You must contact us immediately if you have reason to believe that your username or password to our Services has been compromised. You acknowledge and agree that we may contact you via email or other electronic communications in the event we are legally required to notify you of a data security incident or event related to your personal information. 

11. No Data Collected from Children

The Site is not directed at, nor intended for use by, children. As a result, we will not knowingly collect information from children under sixteen (16) years of age without verified consent from their parents or guardians. If you are under the age of sixteen (16), you are prohibited from accessing or using the Services (including the Site) or with providing us with your personal information, unless you provide us written and verifiable authorization from your parent or legal guardian permitting you to do so.

12. Publicly Posted Information; Product Reviews

The Site may provide you with the ability to submit a comment on, provide an opinion about, rate, or otherwise discuss our Services (a “Product Review”) or provide other information on the Site which may be posted to a publicly available portion of the Site. Any information or content you post in a Product Review will be available to other users of the Site and may be retrievable by third-party search engines, and third parties may also be able to download or share your Product Review to social media websites or elsewhere. We recommend that you guard your privacy and anonymity and not upload any information in your Product Review that you wish to remain confidential. Any third party with access to your information via the Site will be permitted to use the information in the same manner as if you submitted the information directly to that third party. Publicly posting any information on the Site is entirely voluntary on your part and we recommend you carefully consider the information you choose to make publicly available.

13. Your Responsibilities

You are permitted, and hereby agree, to only provide personal information to Cheeky Bonsai if such personal information is accurate, reliable, and relevant to our relationship and only to the extent such disclosure will not violate any applicable data protection law, statute, or regulation or infringe upon a person’s data privacy rights or privileges. IF YOU PROVIDE PERSONAL INFORMATION (INCLUDING PERSONAL INFORMATION CONCERNING A THIRD PARTY) TO Cheeky Bonsai, YOU EXPRESSLY REPRESENT AND WARRANT TO CHEEKY BONSAI THAT YOU HAVE THE FULL RIGHT AND AUTHORITY TO PROVIDE CHEEKY BONSAI WITH SUCH PERSONAL INFORMATION (INCLUDING PERSONAL INFORMATION CONCERNING A THIRD PARTY) AND THAT CHEEKY BONSAI’S USE AND PROCESSING OF SUCH PERSONAL INFORMATION AS SET FORTH HEREIN WILL NOT VIOLATE ANY PERSON’S RIGHTS OR PRIVILEGES, INCLUDING RIGHTS TO PRIVACY. YOU HEREBY AGREE TO FULLY AND COMPLETELY INDEMNIFY CHEEKY BONSAI FOR ANY CLAIMS, HARM, OR DAMAGES THAT MAY ARISE FROM YOUR PROVISION OF PERSONAL INFORMATION (INCLUDING PERSONAL INFORMATION CONCERNING A THIRD PARTY) TO CHEEKY BONSAI.

14. Updating Your Information

It is important that the personal information that you provide to us is accurate and reliable. You have the ability to update your personal information at “checkout” when you purchase a good or product. In certain circumstances, you may have the ability to directly edit your account to update and change your personal information (e.g., name, telephone number, email, shipping address) and you must do so, when such changes are warranted. If your account does not contain such features, then you must directly notify Cheeky Bonsai of any changes or updates to your personal information in accordance with the “Contact Us” section listed below.

15. Email Marketing and Your Rights

You have the right to opt-out of receiving email marketing communications from us. Generally, the email marketing communications that you receive from us will provide you an option to “unsubscribe” from receiving future email marketing communications from us. You may also unsubscribe from such email marketing by contacting us in accordance with the “Contact Us” section listed below. You hereby agree to immediately notify Cheeky Bonsai, in writing, in the event you no longer own, license, or use an email address to which you subscribed to receive email marketing from us.

16. SMS/Text Marketing and Your Rights 

Cheeky Bonsai offers a Mobile Messaging Program in which we send participants text messages related to our Services, marketing programs, and discounts. By participating in the Mobile Messaging Program, you agree to receive autodialed or prerecorded marketing mobile messages and you understand that you are not required to make any purchase from us to participate in our Mobile Messaging Program. Message and data rates may apply to such communications. For more information about the Mobile Messaging Program, please see the Cheeky Bonsai Terms of Service. You hereby agree to immediately notify Cheeky Bonsai, in writing, in the event you no longer own, license, or use the telephone number to which you used to enroll into our Mobile Message Program.

17. Australia Privacy Rights

Data Privacy Rights. The personal information collected, stored, used, and/or processed by Cheeky Bonsai, as described in this Privacy Policy, is collected, stored, used and/or processed in accordance with the Australian Privacy Act 1988 (Commonwealth), as amended, and the Australia Privacy Principles (“APPs”). Further information regarding the APPs are set out on the Australian Government website www.oaic.gov.au. If you would like to update or access your personal information held by Cheeky Bonsai, please contact us in accordance with the “Contact Us” section listed below. If we refuse access, we will provide you with a written notice which sets forth the reasons for the refusal. If your request to access your personal information requires a significant allocation of resources, we may charge a reasonable administration fee to cover costs, unless otherwise prohibited by law. If you believe that the personal information that we hold about you is incorrect, incomplete, or inaccurate, then you may request we amend it and you may submit such a request by contacting us in accordance with the “Contact Us” section listed below. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note or disclaimer to the personal information stating that you disagree with it. 

Complaint Process. Please notify us of any complaint you may have about our handling of your personal information by contacting us in accordance with the “Contact Us” section listed below, and please set forth the details of your complaint. We will undertake commercially reasonable efforts to reply to your complaint within thirty (30) days and will, where necessary or appropriate, advise you of the general reasons with respect to how we responded to your complaint. Notwithstanding the foregoing, you may submit a complaint at any time to the Office of the Australian Information Commissioner.

18. Canada Privacy Rights

Personal data (as the term is defined in the Personal Data Protection and Electronic Documents Act of Canada (“PIPEDA”)) will be collected, stored, used and/or processed by Cheeky Bonsai in accordance with this Privacy Policy and Cheeky Bonsai’s obligations under PIPEDA and other applicable Canadian provincial laws. Pursuant to Canadian law, you have a right to request access to your personal information and to request that inaccurate personal information be corrected. If you have submitted personal information to us and would like to have access to it, or have it corrected, please contact us in accordance with the “Contact Us” section listed below. When requesting access to, or correction of, your personal information, we will require that you verify our request via email and request specific data from you to enable us to confirm the authenticity of the request and your identity, and to enable us to search our records and databases. We may charge you a fee to access your personal information, provided however, we advise you of any such fee in advance. Your right to access personal information is not absolute, and in some cases we may not be able to allow you to access certain personal information in certain circumstances (e.g., if it contains personal information of other persons or the information is subject to legal privilege). In the event that we cannot provide you with access to, or correct, your personal information, we will use reasonable means to inform you of the reasons why, subject to any legal or regulatory restrictions. To delete your name from our electronic contact lists (text or email), please follow the applicable opt-out instructions listed above (see “SMS/Text Marketing and Your Rights” and “Email Marketing and Your Rights”) or contact us in accordance with the “Contact Us” section listed below. For more information about the Office of the Privacy Commissioner of Canada, please access its website.

19. California Privacy Rights

Data Privacy Rights. Pursuant to the California Consumer Privacy Act of 2018, as amended (“CCPA”), California residents have additional data privacy rights, including (i) the right to be notified about what personal information is collected about you, and our intended use and purpose for collecting your personal information, (ii) the right to know and access personal information we have collected, used, disclosed, or sold about you over the past twelve (12) months, including the categories of personal information we have collected, used, disclosed, or sold about you, the categories of sources from which the personal information is collected, the business or commercial purpose for which your personal information was collected, used, disclosed, or sold, and the categories of third parties with whom we have shared your personal information, (iii) the right to request Cheeky Bonsai to transfer, to the extent feasible, personal information in certain forms and formats, (iv) the right to request that we delete/erase your personal information under certain circumstances, and (v) the right not to be subject to discrimination for asserting your rights under the CCPA. The personal information we collect from you, the purposes for which it is used, the source of such personal information, and the parties to whom we share your personal information is set forth in this Privacy Policy. To exercise any of the CCPA’s data privacy rights set forth herein, please contact us in accordance with the “Contact Us” section listed below. For information pertaining to your rights with respect to our financial incentive programs, please see below (“Rewards Programs and Financial Incentives”).

Privacy Request Process. If you (or your authorized agent) makes any request related to your personal information under the CCPA, Cheeky Bonsai will ascertain your identity (and the identity of the authorized agent, to the extent applicable) to the degree of certainty required or permitted under the law before addressing your request. Cheeky Bonsai will, to the extent required or permitted by law, require you (or your authorized agent) to verify your request via email or other means and match at least two or three pieces of personal information we have previously collected from you before granting you access to, or erasing, specific pieces or categories of personal information, or otherwise responding to your request. We may require written documentation that demonstrates a third party is authorized to serve as your agent for the purposes of submitting the requests set forth herein. None of the CCPA’s rights are absolute and are subject to legal and regulatory exceptions and exemptions.

Opt-Out Rights / Do Not Sell My Personal Information. California residents have the right to opt-out of the sale of their personal information. Cheeky Bonsai does not sell your personal information to third parties for profit. However, we do use third-party website analytical tools and features and marketing partners, and such relationships may involve the disclosure of your personal information for “valuable consideration” as set forth in the CCPA. To opt-out of the “sale” of your personal information in these circumstances, please click on the “Do Not Sell My Personal Information” link on the footer of the Site. You may also contact us in accordance with the “Contact Us” section listed below. The Site is not directed at, and should not be used by, minors under the age of sixteen (16), and therefore Cheeky Bonsai does not knowingly sell the personal information of minors under sixteen (16) years of age without affirmative authorization.

20. Nevada Privacy Rights

Cheeky Bonsai does not currently conduct “sales” of personal information for purposes of Nevada law. Notwithstanding the foregoing, Nevada residents may submit a request directing us to not sell personal information we maintain about them to third parties who will sell or license their information to others. If you would like to exercise this right, please contact us in accordance with the “Contact Us” section listed below.

21. Do-Not-Track Signals

Some web browsers may transmit “do-not-track” signals to the website with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they are even aware of them. Unless otherwise required by law, we currently do not take action in response to these signals.

22. Persons with Disabilities

Cheeky Bonsai strives to ensure that every person has access to information related to our Services, including this Privacy Policy. Please contact us if you would like this Privacy Policy provided in an alternative format, and we will seek to meet your needs.

23. Rewards Programs and Financial Incentives

We collect and use personal information, including personal information provided by a third party (e.g., refer-a-friend program), to administer and maintain our financial incentive, rewards, and loyalty programs (“Rewards Programs”). We use the personal information you provide in these programs to verify your identity, offer unique rewards, track your program status, and facilitate the exchange of program points for products, promotional materials, training workshops, and other items. If you consent to participate in any of our Rewards Programs, you may withdraw that consent at any time by contacting us in accordance with the “Contact Us” section listed below or in accordance with the instructions set forth in the applicable Rewards Program’s terms and conditions. Cheeky Bonsai may use personal information gathered from, or related to, participants in our Rewards Programs for any other purpose or in any other manner set forth in this Privacy Policy.

California Rewards Program Rights. Pursuant to the CCPA, you may be entitled to be informed as to why financial incentive programs, or price or service differences, are permitted under the law, including (i) a good-faith estimate of the value of your personal information that forms the basis for offering the financial incentive or price or service difference, and (ii) a description of the method we used to calculate the value of your personally information. Generally, we do not assign monetary or other value to personal information. However, in the event we are required by law to assign such value in the context of Rewards Programs, or price or service differences, we have valued the personal information collected and used as being equal to the value of the discount or financial incentive provided, and the calculation of the value is based upon a practical and good-faith effort often involving (i) the categories of personal information collected (e.g., names, email addresses), (ii) the transferability of such personal information for us and our Rewards Programs, (iii) the discounted price offered, (iv) the volume of consumers enrolled in our Rewards Programs, and (v) the product or service to which the Rewards Programs, or price or service differences, apply. The disclosure of the value described herein is not intended to waive, nor should it be interpreted as a waiver to, our proprietary or business confidential information, including trade secrets, and does not constitute any representation with regard to generally accepted accounting principles or financial accounting standards.

24. Employment Applications and Talent Management

As part of our recruitment and talent management process, we collect personal information with respect to individuals who are interested in working for us. In this context, we collect employment and application data, such as the following: contact information (e.g., name, title, residential or postal address, telephone number, and personal email address); information in a curriculum vitae, resumé, cover letter, or similar documentation; details regarding the type of employment sought, willingness to relocate, job compensation and benefit preferences; health data (e.g., medical conditions); information related to your background, education, criminal record, credit history and similar data; information provided about or by your references or other third parties related to your employment history, skills, qualifications, or education; and, information related to previous applications to us or previous employment history with us. When permitted by law, we may collect information about your race and ethnicity to assist with our diversity and inclusion programs. We use this information for the following purposes: to identify and evaluate job applicants; to verify your information; to complete employment, education, background and reference checks; to communicate with you about the recruitment process and your application; to comply with our legal, judicial, regulatory, administrative, or other corporate requirements; to analyze and improve our application and recruitment process; to accommodate individuals who may have specialized needs during the employment process; and to protect the rights, interests, and property of our business, other job applicants, employees, or the public, as required, or permitted, by law. We share this personal information with third parties (see “Sharing Information / Third-Party Disclosures”), and we may also use this employment and application data for any other purpose set forth in this Privacy Policy.

25. Events and Video Teleconferencing

Cheeky Bonsai hosts and uses video teleconferencing platforms to facilitate conferences, meetings, training events, and other programs. We often use online platforms that are owned and administered by a third-party service provider (e.g., Google, Zoom, WebEx, Skype for Business). Please be aware that our video teleconferencing may record the content, conversations, and discussions thereon, and such records may be stored or retained by our third-party service providers. By participating in our events and video teleconferencing, you hereby consent to the collection and retention of any information provided therein, and you hereby consent to the recording of such activities.

26. Changes to the Policy

We reserve the right to amend this Privacy Policy at any time. We will notify you if this Privacy Policy is amended by updating the “Last Updated” section listed above. It is your responsibility to periodically review the Privacy Policy to determine whether any amendments have been made hereto. Your use of the Services, and continued use of the Services after any amendments are made to this Privacy Policy, signifies your consent to this Privacy Policy and any amendments hereto. We may, in our sole discretion, provide you communications, including via email or text messages, about changes to our Privacy Policy; however, such communications do not abrogate or otherwise limit your responsibility to periodically review the Privacy Policy to determine whether any amendments have been made hereto.

HOW TO CONTACT US

If you have any questions or comments about this Privacy Policy, or if you would like us to update information we have about you or your preferences, please contact us by email at hi@cheekybonsai.com.

If we need, or are required, to contact you concerning any event that involves your personal information we may do so by telephone or email.

If you have inquiries regarding our privacy practices, or if you would like to receive a copy of the Privacy Policy or address concerns regarding the handling of personal information, please contact us by email at hi@cheekybonsai.com.