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Privacy Notice for Customers

Terms of Service

These Terms of Service (the “Agreement”) set forth the terms and conditions that apply to your access and use of the internet website owned and operated by Aquascape, Inc (“Aquascape”) and located at aquascapeinc.com and *.aquascapeinc.com (the “Site”) including all subsidiary webpages and access to any optimized version of the Site via a wireless device, and access and use of the services available thereon  (the “Services”). This Agreement is legally binding between you, the person using this Site, and Aquascape. Terms such as “we,” “our” and “us” refer to Aquascape.

YOU ACCEPT AND AGREE TO THIS AGREEMENT AND CONSENT TO AQUASCAPE’S PRIVACY POLICY (THE “PRIVACY POLICY”), BY DOING ANY ONE OF THE FOLLOWING ITEMS: (1) VISITING THIS SITE; (2) MAKING A PURCHASE OR SUBMITTING CONTENT THROUGH THE SITE; (3) COMPLETING THE ONLINE APPLICATION PROCESS BY CLICKING A BOX INDICATING YOUR ACCEPTANCE; OR (4) BY EXECUTING A SUBSCRIPTION THAT REFERENCES THIS AGREEMENT. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the services.

On our Site, we may provide short summaries of the terms and conditions in this Agreement. Any such summaries are provided only for your convenience, are not legally binding and do not modify this Agreement in any way.

Aquascape may update or modify this Agreement or the Privacy Policy at any time and such updated versions will be posted on the Site. You are responsible for periodically checking the Agreement and Privacy Policy. Your continued use of the Site and/or the Services after this Agreement and/or Privacy Policy are updated shall be deemed acceptance of any such updated Agreement and/or Privacy Policy.

Ability to Enter into this Agreement

This Site and the Services are not designed for or directed at children 13 years of age or younger. In addition, in order to enter into this Agreement, you must be 18 years old or have otherwise reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you in your jurisdiction of residence or otherwise. If you accept this Agreement, you represent that you have the capacity to be bound by it.

You may not use the Services and may not accept this Agreement if (a) you are not of legal age to form a binding contract with Aquascape, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are a resident or from which you use the Services.

Before you continue, you should print or save a local copy of this Agreement for your records.

Your Profile Information and Account

In order to access certain Services, you may be required to provide information about yourself (such as API, identification or contact details) as part of the registration process for the Service or as part of your continued use of the Services. You may also have to create passwords or other forms of authentication. You agree to provide true, accurate, current and complete information about yourself, and you may not misrepresent your profile information. You agree and understand that you are responsible for maintaining the confidentiality of any such information or passwords. Accordingly, you agree that you will be solely responsible to Aquascape for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Aquascape immediately.

Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your password to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying Aquascape immediately.

By providing us with your e-mail address, you agree to receive all required notices electronically to that e-mail address. It is your responsibility to update or change that e-mail address, as appropriate.

Intellectual Property Rights

All right, title, interest and ownership and intellectual property rights in and to the Site, Aquascape trademarks and the templates provided via the Site, including but not limited to its “look and feel” (e.g., text, graphics, images, logos, buttons, icons and the placement and layout thereof), images, video, audio, data, content, software (including html-based computer programs) and other media, material or information, are and will remain the property of Aquascape or its software or content suppliers. The Site is protected under Canada, United States and international copyright, trademark and other laws and treaties.

You acknowledge that any ideas, suggestions, concepts, processes or techniques which you provide to Aquascape related to the Services, the Site or Aquascape or its business (“Feedback”) shall become Aquascape’s property without any compensation or other consideration payable to you by Aquascape, and you do so of your own free will and volition. Aquascape may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Aquascape may decide into the Site, its software, services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to Aquascape in any Feedback and, as applicable, waive any moral rights.

Aquascape owns any test results, data information and other output generated by your use of the Site and/or the Services during the term of this Agreement.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Aquascape, Inc or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Aquascape, Inc or its Affiliates.

Confidential Information

You agree to safeguard, keep secret and not to disclose to any third party, any Confidential Information acquired, learned or provided from Aquascape during the term of this Agreement or following the expiration or termination of this Agreement. “Confidential Information” means any information marked confidential or that ought reasonably to be considered confidential under the circumstances and includes, without limitation, any business plans, customer lists, operation procedures, trade secrets, know-how and processes, inventions, discoveries, and improvements of any kinds.

Disclaimer of Warranties

YOUR USE OF THE SITE AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE, INCLUDING ANY CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AQUASCAPE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.

AQUASCAPE DISCLAIMS ANY WARRANTY THAT THE SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT, FROM TIME TO TIME, AQUASCAPE MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE SITE MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR OTHER ACTIONS THAT AQUASCAPE, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE.

AQUASCAPE IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY AQUASCAPE, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY AQUASCAPE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AQUASCAPE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

THE SITE IS OFFERED AND CONTROLLED BY AQUASCAPE FROM ITS FACILITIES IN THE UNITED STATES. AQUASCAPE MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

Limitation of Liability / Exclusion of Consequential and Related Damages

Aquascape reserves the right to modify, suspend or discontinue the Site and/or Services, or any portion thereof, with or without notice at any time and for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. Aquascape shall have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of using the Site and/or Services.

Indemnity

You agree to indemnify, defend, and hold harmless Aquascape, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to this Agreement or the Site, including but not limited to in relation to: (a) your use, non-use or misuse of, or connection to the Site, the Services and any Content, including without limitation your Content and any third party Content, forming part of the Site; (b) your breach or alleged breach of this Agreement; and (c) your violation of any rights, including intellectual property rights, of a third party. Aquascape reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Aquascape and you agree to cooperate with Aquascape’s defense of these claims. You agree not to settle any matter without the prior written consent of Aquascape. Aquascape will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Agreement to Governing Law and Jurisdiction

If there is any dispute between you and Aquascape about or involving this Agreement, the Site or the Services, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of the state of Illinois, without regard to its conflict of law provisions.

Severability

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

Legal Remedies

You agree that this Agreement is specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.

You agree that if Aquascape does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Aquascape has the benefit of under any applicable law), this will not be taken to be a formal waiver of Aquascape’s rights and that those rights or remedies will still be available to Aquascape.

Last updated February 29, 2024

Thank you for choosing to be part of our community at Aquascape Designs, Inc trading as Aquascape, Inc ("Aquascape", "company", "we", "us", or "our"). We are committed to protecting your personal data and your right to privacy. This Privacy Notice is provided for our prospective, existing and former customers ("you", "your").

This Privacy Notice together with our Cookie Noticed published on our website (the "Notices") tells you about how we process your personal data, including our collection, usage and sharing of your personal data and including in relation to your use of our website at www.aquascapeinc.com including any portal or online service that we provide at that or any other URL (the "Website") and any related services, sales, marketing or events (we refer to them collectively in this Privacy Notice as the "Services").

We hope you take some time to read through it carefully, as it is important. If there are any terms in this Privacy Notice that you do not agree with, please discontinue use of our Website and our Services.

Please read this Privacy Notice carefully as it will help you make informed decisions about sharing your personal data with us.

TABLE OF CONTENTS

  1. HOW CAN YOU CONTACT US ABOUT THIS POLICY

  2. CHANGES TO PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES

  3. WHAT PERSONAL DATA DO WE COLLECT ABOUT YOU

  4. HOW IS YOUR PERSONAL DATA COLLECTED

  5. HOW DO WE USE YOUR PERSONAL DATA

  6. WILL YOUR INFORMATION BE SHARED WITH ANYONE

  7. AUTOMATED DECISION-MAKING

  8. INTERNATIONAL TRANSFERS

  9. DO WE USE COOKES AND OTHER TRACKING TECHNOLOGIES

  10. DO WE USE GOOGLE MAPS

  11. WHAT IS OUR STANCE ON THIRD PARTY WEBSITES

  12. HOW LONG DO WE KEEP YOUR INFORMATION

  13. HOW DO WE KEEP YOUR INFORMATION SECURE

  14. DO WE COLLECT INFORMATION FROM MINORS

  15. WHAT ARE YOUR LEGAL RIGHTS

  16. CONTROLS FOR DO-NOT-TRACK FEATURES

  17. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS


1. HOW CAN YOU CONTACT US ABOUT THIS POLICY

Aquascape is the data controller in relation to your personal data. If you have questions or comments about this Privacy Notice or our privacy practices, you can:

  1. contact us using our Contact Form; or

  2. send a post to:

    Aquascape, Inc
    Attn: Vice President, IT
    901 Aqualand Way
    St. Charles, IL 60174
    United States


2. CHANGES TO PRIVACY NOTICE AND YOUR DUTY TO INOFRM US OF CHANGES?

We may update this Privacy Notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible.

If we make material changes to this Privacy Notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Notice frequently to be informed of how we are protecting your information.

All personal data that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal data during your relationship with us.


3. WHAT PERSONAL DATA DO WE COLLECT ABOUT YOU?

Personal data means any information about an individual from which that person can be identified.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes your first and last name, country of residence and, if applicable, the name of your company.

  • Contact Data includes your email address, postal address and phone number.

  • Profile Data includes your username and password, password hints, and similar security information used for authentication and account access, your interests and preferences (for example, to show you products you've recently viewed).

  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences, social media profile information, marketing leads and search results and links, including paid listings (such as sponsored links).

  • Financial Data includes personal data necessary to process your payment if you make purchases, such as your bank account, payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by our payment processor, and you should review the payment processor's privacy notices and contact the payment processor directly to respond to your questions.

  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.

  • Technical Data includes your internet protocol (IP) address, browser type and version, device name and characteristics, time zone setting, country and location, language preferences, referring URLs, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our Website.

  • Usage Data includes information about how you use our Website, products and services and internet activity information including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an Internet Web site, application, or advertisement.

Aggregated Data

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but does not constitute personal data because Aggregated Data does include any Identity Data. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Notice.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with products and services). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.


4. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

Your interactions with us. You may give us your personal data by filling in our Contact Us form, fill in a Certified Aquascape Contractor form, fill in a Retailer form, fill in a Distributor form, registering for or attending an event, or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

  • enquire about us, our products or Services;
  • create an account on our Website;
  • purchase products and services from us;
  • participate in our activities on the Website or Services;
  • subscribe to our Services or publications;
  • request marketing to be sent to you;
  • enter a competition, promotion or survey; or
  • give us feedback or contact us.

Automated technologies or interactions. As you interact with our Website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive personal data about you if you visit other websites employing our cookies. Please see our Cookie Policy for further details.

Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources and databases as set out below:

  • advertising networks and joint marketing partners such as Google Ads, Microsoft Ads, Facebook Ads, Survey Monkey, Lead Forensics;
  • search information providers such as Google, Microsoft;
  • our bank or providers who process payments from you such as PayPal, Stripe, Quivers, CHASE Paymentech, Authorize.net, Square, CVENT, First ACH;
  • providers in our supply chain who are appointed by us to prepare, pack and post our products to you following your order such as Lloyd Packaging;
  • publicly available sources such as UK Companies House and the Electoral Register; and
  • Aquascape Distributor and Retailer partners who provide customer purchase data as part of the Certified Aquascape Contractor program guidelines.


5. HOW DO WE USE YOUR PERSONAL DATA?

Legal basis

The law requires us to have a legal basis for collecting and using your personal data. We rely on one or more of the following legal bases:

  • Performance of a contract with you: Where we need to perform the contract we are about to enter into or have entered into with you.

  • Legitimate interests: We may use your personal data where it is necessary to conduct our business and pursue our legitimate interests, for example to prevent fraud and enable us to give you the best and most secure customer experience. We make sure we consider and balance any potential impact on you and your rights (both positive and negative) before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

  • Legal obligation: We may disclose your personal data where we are legally required to do so in order to comply with applicable law, government requests, a judicial proceeding, court order, or legal process such as in response to a court order or a subpoena, as the case may be (including in response to public authorities to meet national security or law enforcement requirements). We will identify the relevant legal obligation when we rely on this legal basis.

  • Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

For as long as we have access to your personal data, we will use it for the purposes as set out below, in a table format, together with the legal bases we rely on to do so, unless otherwise required as a result of you exercising your data protection rights. We have also identified what our legitimate interests are where appropriate.

Purpose/Use
Type of data
Legal basis

To facilitate your account creation and logon process if you register an account with us and if choose to link your account with us to a third-party account such as your Google or Facebook account

(a) Identity

(b) Contact

(c) Profile Data

(d) Marketing and Communications Data

(e) Technical Data

Necessary for our legitimate interests (for running our business and the provision of our products and services)

To register you as a new customer if we have accepted an order from you

(a) Identity

(b) Contact

(c) Financial Data

(d) Transaction Data

(e) Usage Data

Performance of a contract with you

To process and deliver your order including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

(c) Manage returns and exchanges

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

(f) Technical Data

(g) Usage Data

Performance of a contract with you

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or Privacy Notice

(b) Dealing with your requests, complaints and queries

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

Necessary for our legitimate interests (for running our business and the provision of our products and services)

To enable you to partake in a prize draw and competitions

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

Necessary for our legitimate interests (for running our business and the provision of our products and services)

 

To administer and protect our business and our Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) 

(a) Identity

(b) Contact

(c) Technical

Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

To deliver relevant Website content and online advertisements to you and measure or understand the effectiveness of the advertising we serve to you

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics to improve our Webite, Services, products, marketing, customer relationships and experiences and to measure the effectiveness of our communications and marketing and identify usage trends

(a) Technical

(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

To place cookies on the device you use to visit our Website

(a) Technical

(b) Usage

(c) Marketing and Communications Data

Consent, if you give on-screen consent when you visit our Website

To send you relevant marketing communications and make personalised suggestions and recommendations to you about products or services that may be of interest to you based on your Profile Data if this is in accordance with your marketing preferences

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

(f) Marketing and Communications

Necessary for our legitimate interests (to carry out direct marketing, develop our products/services and grow our business)

If we send you marketing by email we rely on the legal basis known as 'soft opt-in'.  You can choose to opt out in advance, and if you change your mind you can unsubscribe at any time.  See below, the section "Opting out of marketing""

To share your personal data (such as name and email address) to our marketing partners so that they can send you their promotional materials

(a) Identity

(b) Contact

Necessary for our and our marketing partners legitimate interests (to carry out direct marketing, develop products/services and grow business)

You can choose to opt out in advance, and if you change your mind you can unsubscribe at any time.  See below, the section "Opting out of marketing"

To disclose your personal data to our Affiliates and Business Partners

(a) Identity

(b) Contact

Necessary for our legitimate interests and legitimate interests of our Affiliates and Business Partners (to carry out collaborative direct marketing)

To carry out market research through your voluntary participation in surveys

(a) Identity Data

(b) Contact Data

(c) Marketing and Communications Data

(d) Financial Data

(e) Transaction Data

(f) Usage Data

Necessary for our legitimate interests (to study how customers use our products/services and to help us improve and develop our products and services).

To request feedback from you in relation to our products and Services and to contact you about your use of our Website

(a) Identity Data

(b) Contact Data

Necessary for our legitimate interests (to study what customers like and dislike about our products and services and to help us improve our products and service)

To enforce our terms and conditions in the event of a dispute with you

(a) Identity Data

(b) Contact Data

(c) Profile Data

(d) Marketing and Communications Data

(e) Financial Data

(f) Transaction Data

(g) Technical Data

(h) Usage Data

Necessary for our legitimate interests (to protect our business)

To respond to a court order or a subpoena, as the case may be (including in response to public authorities to meet national security or law enforcement requirements)

(a) Identity Data

(b) Contact Data

(c) Profile Data

(d) Marketing and Communications Data

(e) Financial Data

(f) Transaction Data

(g) Technical Data

(h) Usage Data

Necessary to comply with a legal obligation

To prevent and detect fraud and other unlawful acts and cooperate with law enforcers

(a) Identity Data

(b) Contact Data

(c) Financial Data

(d) Transaction Data

(e) Technical Data

(f) Usage Data

Necessary for our legitimate interests (to protect our business)

To facilitate an Investment from third parties or exit by way of a sale of our company 

Any personal data

Necessary for our legitimate interests (to facilitate investment or sale of our business to a third party)



Direct marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you (we call this marketing).

You will only receive marketing communications where you have requested information from us and you have opted-in to receive our marketing communications. You have the right to opt-out at any time (see further "Opting out of marketing" below).

Opting out of marketing

You can ask us or third parties to stop sending you marketing messages at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below.

  • Access your account settings and update preferences.
  • Contact us using the contact information provided.
  • Follow the unsubscribe link in the footer of non-transactional email messages.

When you opt out of receiving marketing messages from us, we will still need to send you service-related emails that are essential for the administration and use of your account including relating to order confirmations, updates to our terms and conditions, checking that your contact details are correct.


6. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

We may process or share your personal data where necessary with the parties set out below for the purposes set out in the table "Purposes for which we will use your personal data" above.

  • Vendors, consultants and other third-party service providers, as specifically set out below, acting as processors. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Website, which will enable them to collect data about how you interact with the Website over time. Except in relation to the third parties and services listed below in points A), B), E), F), G) and H), we do not share, sell or trade any of your information with third parties for their promotional purposes.

  • Business Transfers. We may share your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Notice.

  • Third-party advertisers, as specifically set out below, acting as controllers. We may use third-party advertising companies to serve ads when you visit the Website. These companies may use information about your visits to our Website and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.

  • Affiliates acting as processors. We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Notice. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

  • Business partners acting as processors. We may share your information with our business partners to offer you certain products, services or promotions.

  • Professional advisers acting as processors or joint controllers. We may share your personal data with lawyers, bankers, auditors and insurers.

We only share and disclose your personal data with the following third parties:

  1. Advertising, Direct Marketing, and Lead Generation
    Google AdSense, Microsoft Ads, Facebook Audience Network, Constant Contact and Survey Monkey, Salesforce, Lead Forensics

  2. Aquascape Service Providers
    Aquascape distributors, Aquascape retailers, Certified Aquascape Contractors

  3. Communicate and Chat with Users
    Zendesk Chat, Salesforce

  4. Content Optimization
    Google Web Fonts and YouTube video embed

  5. eCommerce - Invoice, Billing, Order processing and Fulfillment
    PayPal, Stripe, Kibo, Quivers

  6. Retargeting Platforms
    Facebook Custom Audience, Google Ads Remarketing, Google Analytics Remarketing and Facebook Remarketing

  7. Social Media Sharing and Advertising
    Facebook social plugins, YouTube social plugins, Pinterest social plugins and Twitter social plugins

  8. Web and Mobile Analytics
    Google Ads, Google Analytics, Google Tag Manager, Lead Forensics, Hotjar

  9. Site Optimization and Security
    Cloudflare, SiteGround and iThemes Security

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a request using our contact details in section 1 above.


7. AUTOMATED DECISION-MAKING

We do not foresee that any decisions will be taken about you using automated means, however, we will update this notice if this position changes.


8. INTERNATIONAL TRANSFERS

Aquascape is a registered company based in the United States ("US") and the personal data we collect from prospective, existing and former customers based in the United Kingdom and EU countries will be transferred to us in the US.

We have put in place the following appropriate measures to ensure that your personal information is treated by us in a way that is consistent with and which respects UK and EU law on data protection: Data Privacy Framework (DPF). Please contact us using our contact details in section 1 above if you want further information on the specific mechanism used by us when transferring your personal data out of the UK and EU areas.

Aquascape, Inc complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF as set forth by the U.S. Department of Commerce.  Aquascape, Inc has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF.  If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles, the Principles shall govern.  To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

With respect to personal data received or transferred pursuant to the Data Privacy Frameworks, Aquascape is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.

Pursuant to the Data Privacy Frameworks, EU and UK individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under the Data Privacy Frameworks, should direct their query using our contact details in section 1 above. If requested to remove data, we will respond within a reasonable timeframe.

In compliance with the Data Privacy Framework Principles, Aquascape, Inc commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to the Data Privacy Frameworks. European Union, United Kingdom, and Swiss individuals with DPF inquiries or complaints should first contact us using our contact details in section 1 above.

Aquascape, Inc has further committed to refer unresolved privacy complaints under the Data Privacy Framework Principles to a U.S.-based independent dispute resolution mechanism, BBB NATIONAL PROGRAMS. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbbprograms.org/dpf-complaints for more information and to file a complaint. This service is provided free of charge to you.

If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf

We may transfer your personal data to service providers that carry out certain functions on our behalf. This may involve transferring personal data outside the UK and EU to countries which have laws that do not provide the same level of data protection as the UK and EU laws.

Whenever we transfer your personal data out of the UK and EU to service providers, we ensure a similar degree of protection is afforded to it by ensuring that we use specific standard contractual terms approved for use in the UK and EU which give the transferred personal data the same protection as it has in the UK and EU countries, namely the International Data Transfer Agreement. To obtain a copy of these contractual safeguards, please contact us using our contact details in section 1 above.


9. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

We use cookies and similar tracking technologies (like web beacons and pixels) that remember your choices, provide analytics and ensure the best experience on our website. For more information view our Cookie Policy.

You can choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Website. To opt-out of interest-based advertising by advertisers on our Website visit http://www.aboutads.info/choices/.


10. DO WE USE GOOGLE MAPS?

Our Website, mobile application, or Facebook application uses Google Maps APIs, Microsoft Ads, Facebook Ads, YouTube and Pinterest. You may find the relevant terms of service and privacy policies as follows:

  1. Google Maps APIs Terms of Service here. To better understand Google's Privacy Policy, please refer to this link.
  2. Microsoft Ads' Legal, Privacy and Personalization Policy here.
  3. Facebook Ads' Privacy Policy here.
  4. Youtube's Privacy Guidelines here.
  5. Pinterest's Privacy Statement here.

By using our Maps API Implementation, you agree to be bound by Google's Terms of Service. You agree to allow us to obtain or cache your location. You may revoke your consent at anytime.


11. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?

Our Webite may contain advertisements from third parties that are not affiliated with us and which may link to other websites, online services or mobile applications. We do not control these third party websites or how the third parties use your data that is acquired by the websites. The third parties who control those third-party websites are controllers of the data that they acquire about you, and you should consult their Privacy Notices for details about what they use the data for, and how they protect it and your privacy. Responsibility for use of your personal data by those third parties sits with them, not us. We encourage you to review the policies of such third parties and contact them directly to respond to your questions.

Aquascape, Inc's accountability for personal data that it receives in the United States under the Data Privacy Frameworks and subsequently transfers to a third party is described in the Data Privacy Framework Principles. In particular, Aquascape, Inc remains responsible and liable under the Data Privacy Framework Principles if third-party agents that it engages to process personal data on its behalf do so in a manner inconsistent with the Principles, unless Aquascape, Inc proves that it is not responsible for the event giving rise to the damage.


12. HOW LONG DO WE KEEP YOUR INFORMATION?

We will only retain your personal data for as long as it is necessary to fulfil the purposes we collected it for as set out in this Privacy Notice, including for the purposes of satisfying any legal, tax, regulatory, accounting or reporting requirement. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect of our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

In some circumstances you can ask us to delete your data: see "What Are Your Legal Rights" section below for further information.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.


13. HOW DO WE KEEP YOUR INFORMATION SECUREE?

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal data once we have received it. However, please also remember that we cannot guarantee that the internet itself is 100% secure as a method for you to transmit data between you and us. Although we will do our best to protect your personal information, transmission of personal information to and from our Website is at your own risk. You should only access the services within a secure environment.

In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.


14. DO WE COLLECT INFORMATION FROM MINORS?

We do not knowingly solicit data from or market to children under 18 years of age. By using our Website, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent's use of our Website. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any personal data we have collected from children under age 18, please contact us using the contact details set out in section 1 above.


15. WHAT ARE YOUR LEGAL RIGHTS?

You have a number of rights under data protection laws in relation to your personal data.

If you are in the UK or an EU member state, you have the right to:

  • Request access to your personal data (commonly known as a "subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

  • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

  • Request erasure of your personal data in certain circumstances. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

  • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) as the legal basis for that particular use of your data and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your right to object.

  • Object to the processing of your personal data for direct marketing purposes (see the section "Opting out of marketing" above for details of how to object to receiving direct marketing communications).

  • Request the transfer of your personal data to you or to a third party, if we use your personal data for performance of a contract with you (as our customer) as an integral part of our Website. In such a case, we will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format.

  • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in one of the following scenarios:

    • If you want us to establish the data's accuracy;
    • Where our use of the data is unlawful but you do not want us to erase it;
    • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
    • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

  • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us using the contact details set out in section 1 above.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

  • Log into your account settings and update your user account.
  • Contact us using the contact information provided.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Complaints

If you are resident in a member state of the European Union or the European Economic Area and you believe we are unlawfully processing your personal information, you have the right to complain to your local data protection supervisory authority. You can find their contact details here:

If you are a resident in the United Kingdom, you have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues (www.ico.org.uk).

We would, however, appreciate the chance to deal with your concerns before you approach the relevant data protection supervisory authority, so please contact us in the first instance.


16. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected for advertising and marketing purposes. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy. If you do not wish to be tracked for advertising and marketing purposes, please do not visit our Website.


17. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.