EFFECTIVE DATE: July 31, 2021
2. The Types and Categories of Personal Information We Collect
- 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.
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.
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
8. Links to Other Websites; Your Direct Third-Party Disclosures
9. Data Retention and Localization
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.
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
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
19. California Privacy Rights
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.
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
23. Rewards Programs and Financial Incentives
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
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
How To Contact Us
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.