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PRIVACY POLICY

Overgrow is committed to protecting your privacy. This Privacy Policy explains how your personal information is collected, used, and disclosed by Overgrow.

This Privacy Policy applies to our website, including its associated subdomains (collectively, our "Service"), as well as our application. By accessing or using our Service, you indicate that you have read, understood, and agree to our collection, storage, use, and disclosure of your personal information as described in this Privacy Policy and our Terms of Service.

Definitions and Key Terms

To ensure clarity, the following terms mentioned in this Privacy Policy are strictly defined as follows:

  • Cookie: a small amount of data generated by a website and saved by your web browser, used to identify your browser, provide analytics, and remember information about you such as your language preference or login information.
  • Company: refers to Overgrow, located in Cape Town, South Africa, which is responsible for your information under this Privacy Policy.
  • Country: the location where Overgrow or its owners/founders are based, which in this case is South Africa.
  • Customer: refers to the company, organization, or person that signs up to use the Overgrow Service to manage relationships with consumers or service users.
  • Device: any internet-connected device, such as a phone, tablet, computer, or other device used to visit Overgrow and use the services.
  • IP address: a unique number assigned to each device connected to the Internet, often used to identify the location from which a device is connecting.
  • Personnel: individuals employed by Overgrow or under contract to perform services on behalf of the company.
  • Personal Data: any information that directly, indirectly, or in connection with other information allows for the identification or identifiability of a natural person, including personal identification numbers.
  • Service: refers to the services provided by Overgrow as described in the relevant terms (if available) and on this platform.
  • Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide content or products/services that may interest you.
  • Website: refers to Overgrows site, accessible via the URL: https://overgrow.co.za
  • You: a person or entity registered with Overgrow to use the Services.

What Information Do We Collect?

We collect information from you when you visit our website, register on our site, place an order, subscribe to our newsletter, respond to a survey, or fill out a form. The information we collect may include:

  • Name/Username
  • Phone Numbers
  • Email Addresses
  • Mailing Addresses
  • Billing Addresses

When Does Overgrow Use End User Information from Third Parties?

Overgrow collects End User Data necessary to provide the Overgrow services to our customers. End users may voluntarily provide us with information available on social media websites. If you provide us with any such information, we may collect publicly available information from the social media websites you have indicated. You can control the amount of information made public by visiting these websites and adjusting your privacy settings.

When Does Overgrow Use Customer Information from Third Parties?

We receive information from third parties when you contact us. For example, if you submit your email address to show interest in becoming an Overgrow customer, we may receive information from a third party that provides automated fraud detection services to Overgrow. We may also collect information made publicly available on social media websites. You can control the amount of information made public by visiting these websites and adjusting your privacy settings.

Do We Share the Information We Collect with Third Parties?

We may share the information we collect, both personal and non-personal, with third parties such as advertisers, contest sponsors, promotional and marketing partners, and others who provide content or products/services we believe may interest you. We may also share it with our current and future affiliated companies and business partners. In the event of a merger, asset sale, or business reorganisation, we may share or transfer your personal and non-personal information to our successors-in-interest.

We may engage trusted third-party service providers to perform functions and provide services to us, such as hosting and maintaining our servers and website, database storage and management, email management, storage marketing, credit card processing, customer service, and order fulfilment. We may share your personal information, and possibly some non-personal information, with these third parties to enable them to perform these services for us and for you.

We may share portions of our log file data, including IP addresses, with third parties for analytics purposes, such as web analytics partners, application developers, and ad networks. If your IP address is shared, it may be used to estimate general location and other technographics. They may aggregate information about our advertising and your interactions with our website to provide auditing, research, and reporting for us and our advertisers.

We may also disclose personal and non-personal information about you to government or law enforcement officials, private parties, or as required or appropriate in response to claims, legal processes, to protect our rights and interests or those of a third party, public safety, or to comply with applicable court orders, laws, rules, and regulations.

Where and When Is Information Collected from Customers and End Users?

Overgrow collects personal information you submit to us. We may also receive personal information about you from third parties, as described above.

How Do We Use the Information We Collect?

We may use the information we collect from you in the following ways:

  • Personalize your experience to better respond to your individual needs.
  • Improve our website offerings based on the information and feedback we receive from you.
  • Enhance customer service by effectively responding to your requests and support needs.
  • Process transactions and administer contests, promotions, surveys, or other site features.
  • Send periodic emails to keep you informed about relevant updates, promotions, or offers.

How Do We Use Your Email Address?

By submitting your email address on our website, you agree to receive emails from us. You can unsubscribe from any of these email lists at any time by clicking on the opt-out link or other unsubscribe option included in the respective email. We only send emails to individuals who have authorised us to contact them directly or through a third party. We do not send unsolicited commercial emails. By submitting your email address, you also agree to allow us to use it for customer audience targeting on platforms like Facebook, where we display custom advertising to specific people who have opted-in to receive communications from us. Email addresses provided solely through the order processing page will be used solely for sending information and updates related to your order. If you have provided the same email through another method, we may use it for the purposes stated in this Policy. You can unsubscribe from receiving future emails by following the detailed instructions included at the bottom of each email.

How Long Do We Keep Your Information?

We keep your information only as long as necessary to provide Overgrow services to you and fulfil the purposes described in this policy. We will remove it from our systems or depersonalise it when there is no longer a need to keep it to comply with legal or regulatory obligations.

How Do We Protect Your Information?

We implement various security measures to maintain the safety of your personal information when you place an order or access your personal information. We use secure servers and encrypt sensitive information transmitted via Secure Socket Layer (SSL) technology. Only authorised personnel with special access rights are allowed to access this information and are required to keep it confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) is never stored on our servers. While we strive to protect your personal information, no method of transmission or storage can guarantee absolute security. We cannot ensure or warrant the security of any information you transmit to Overgrow or guarantee that it may not be accessed, disclosed, altered, or destroyed due to a breach of our safeguards.

Could Your Information Be Transferred to Other Countries?

Overgrow is incorporated in South Africa. Information collected through our website, direct interactions, or help services may be transferred to our offices, personnel, or third parties located worldwide. This information may be viewed and hosted anywhere globally, including countries without specific laws regulating the use and transfer of such data. By using any of the services mentioned above, you voluntarily consent to the trans-border transfer and hosting of your information.

Is the Information Collected through Overgrows Service Secure?

We take precautions to protect the security of your information. We have physical, electronic, and managerial procedures in place to help safeguard and prevent unauthorised access, maintain data security, and ensure correct use of your information. However, no security system is fool proof, and human errors or intentional misconduct can occur. While we make reasonable efforts to protect your personal information, we cannot guarantee its absolute security. If applicable law imposes any non-disclaim able duty to protect your personal information, intentional misconduct will be the standard used to measure our compliance with that duty.

Can You Update or Correct Your Information?

The rights you have to request updates or corrections to the information Overgrow collects depend on your relationship with us. Personnel may update or correct their information as detailed in our internal employment policies.

Customers have the right to request the restriction of certain uses and disclosures of personally identifiable information. You can contact us to update or correct your personally identifiable information, change your communication preferences, or delete the personally identifiable information maintained about you on our systems by cancelling your account. Such updates, corrections, changes, and deletions will have no effect on other information we maintain or information we have already provided to third parties in accordance with this Privacy Policy. We may verify your identity before granting profile access or making corrections to protect your privacy and security. You are responsible for maintaining the secrecy of your unique password and account information at all times.

Please note that while we make reasonable efforts to update, correct, change, or delete personal information as appropriate and practicable, it may not be technologically possible to remove every record of the information you have provided. Backing up our systems to protect against inadvertent loss may result in the existence of non-erasable copies of your information that are difficult or impossible for us to locate. We will update, correct, change, or delete personal information stored in actively used databases and readily searchable media promptly upon receiving your request, to the extent reasonably and technically practicable.

If you are an end user and wish to update, delete, or access the information we have about you, please contact the organisation of which you are a customer.

Personnel

If you are a Overgrow worker or applicant, we collect information you voluntarily provide to us for Human Resources purposes, such as administering benefits and screening applicants. You may contact us to update or correct your information, change your communication preferences, or receive a record of the information we have relating to you. Such updates, corrections, changes, and deletions will have no effect on other information we maintain or information we have already provided to third parties in accordance with this Privacy Policy.

Sale of Business

In the event of a sale, merger, or transfer of all or substantially all of the assets of Overgrow or any of its Corporate Affiliates, or that portion of Overgrow or any of its Corporate Affiliates to which the Service relates, or if we discontinue our business or file for bankruptcy, reorganization, or a similar proceeding, we may transfer information to a third party, provided they adhere to the terms of this Privacy Policy.

Affiliates

We may disclose information, including personal information, to our Corporate Affiliates. "Corporate Affiliate" means any person or entity that directly or indirectly controls, is controlled by, or is under common control with Overgrow, whether through ownership or otherwise. Any information disclosed to our Corporate Affiliates will be treated in accordance with this Privacy Policy.

Governing Law

This Privacy Policy is governed by the laws of South Africa without regard to its conflict of laws provision. You consent to the exclusive jurisdiction of the courts in connection with any action or dispute arising between the parties under or in connection with this Privacy Policy, except for individuals who may have rights to make claims under Privacy Shield or the Swiss-US framework.

The laws of South Africa, excluding its conflicts of law rules, shall govern this Agreement and your use of the website. Your use of the website may also be subject to other local, state, national, or international laws.

By using Overgrow or contacting us directly, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, you should not engage with our website or use our services. Continued use of the website, direct engagement with us, or following the posting of changes to this Privacy Policy that do not significantly affect the use or disclosure of your personal information will mean that you accept those changes.

Your Consent

By using our services, registering an account, or making a purchase, you hereby consent to our Privacy Policy and agree to its terms. We have updated our Privacy Policy to provide you with complete transparency into what is being collected when you visit our site and how it is being used. If you have any questions or concerns about your privacy, please feel free to contact us.

Links to Other Websites

This Privacy Policy applies only to Overgrows services. Our services may contain links to other websites not operated or controlled by Overgrow. We are not responsible for the content, accuracy, or opinions expressed on such websites. These websites are not investigated, monitored, or checked for accuracy or completeness by us. When you use a link to go from our services to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those with a link on our platform, are subject to that website's own rules and policies. Third parties may use their own cookies or other methods to collect information about you.

Cookies

Overgrow uses cookies to identify the areas of our website that you have visited. A cookie is a small piece of data generated by a website and saved by your web browser. It helps identify your browser, provide analytics, and remember information about you, such as your language preference or login information. Cookies are non-essential to the use of our website, but without them, certain functionality like videos may become unavailable, or you may need to enter your login details every time you visit the website. Most web browsers can be set to disable cookies, but doing so may prevent you from accessing certain functionality correctly or at all. We do not place personally identifiable information in cookies.

Blocking and Disabling Cookies and Similar Technologies

You may choose to block or disable cookies and similar technologies in your browser settings. However, doing so may block essential cookies and prevent our website from functioning properly, and you may not be able to fully utilize all of its features and services. Disabling a cookie or category of cookies does not delete the cookie from your browser; you will need to do this yourself from within your browser settings. Different browsers have different controls available, so please consult your browser's help menu for more information.

Payment Details

Regarding any credit card or payment processing details you provide to us, we commit to storing this confidential information securely. We use the most secure methods available, including encryption and compliance with Payment Card Industry Data Security Standard (PCI DSS) requirements.

Children's Privacy

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and are aware that your child has provided us with personal data, please contact us. If we become aware that we have collected personal data from anyone under the age of 18 without verification of parental consent, we will take steps to remove that information from our servers.

Changes to Our Privacy Policy

We may change our services and policies, which may require changes to this Privacy Policy. Unless required by law, we will notify you (for example, through our services) before making changes to this Privacy Policy and provide an opportunity to review them before they take effect. By continuing to use our services after the changes are posted, you agree to the updated Privacy Policy. If you do not agree with the changes, you may delete your account.

Third-Party Services

We may display third-party content or provide links to third-party websites or services ("Third-Party Services"). Overgrow is not responsible for the content, accuracy, or opinions expressed in Third-Party Services. The use of Third-Party Services is at your own risk, subject to their own terms and policies.

Tracking Technologies

Overgrow uses cookies and sessions to enhance the performance and functionality of our website. Cookies help identify the areas you have visited on our website, while sessions store small pieces of data on your computer or mobile device. These technologies are used to improve your browsing experience and provide personalized features. Please note that blocking or disabling cookies may limit certain functionality and features of our website.

Information About the General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), Overgrow may collect and use information from you in compliance with the General Data Protection Regulation (GDPR). This regulation enhances the control and protection of EU residents' personal data.

Personal data includes any information that directly or indirectly identifies an individual. Overgrow adheres to the GDPR requirements and protects the personal data of its users, regardless of their location. We have implemented GDPR controls as our baseline standard worldwide.

Individual Data Subject's Rights - Data Access, Portability, and Deletion

We are committed to helping our customers meet the data subject rights requirements of the GDPR. Overgrow processes and stores all personal data in fully vetted, compliant vendors. Personal data is retained for up to six years, unless your account is deleted. In that case, we dispose of your data in accordance with our Terms of Service and Privacy Policy, but we will not retain it for longer than 60 days.

If you are working with EU customers, you need to provide them with the ability to access, update, retrieve, and remove their personal data. Overgrow facilitates this by offering self-service access to personal and customer data. Our customer support team is available to answer any questions you may have about working with our API.

California Residents

For California residents, Overgrow complies with the California Consumer Privacy Act (CCPA). This means we disclose the categories of personal information we collect, how we use it, the categories of sources from which we collect personal information, and the third parties with whom we share it.

California residents have the following rights under the CCPA:

  • Right to Know and Access: You may request information about the categories of personal information we collect, use, or share, the purposes for which we collect or use personal information, the categories of sources from which we collect personal information, and the specific pieces of personal information we have collected about you.
  • Right to Equal Service: We will not discriminate against you if you exercise your privacy rights.
  • Right to Delete: You may request the deletion of personal information we have collected about you.

If you would like to exercise any of these rights, please contact us. We have one month to respond to your request. We do not sell personal information of our users.

For more information about your rights under the CCPA, please contact us.

California Online Privacy Protection Act (CalOPPA)

CalOPPA requires us to disclose the categories of personal information we collect, how we use it, the categories of sources from which we collect personal information, and the third parties with whom we share it.

Under CalOPPA, users have the following rights:

  • Right to Know and Access: You may request information about the categories of personal information we collect, use, or share, the purposes for which we collect or use personal information, the categories of sources from which we collect personal information, and the specific pieces of personal information we have collected about you.
  • Right to Equal Service: We will not discriminate against you if you exercise your privacy rights.
  • Right to Delete: You may request the deletion of personal information we have collected about you.

Contact us

If you have any questions or concerns about Overgrows Privacy Policy, please contact us:

By using Overgrows services or accessing our website, you acknowledge that you have read and understood this Privacy Policy and consent to the collection, use, and disclosure of your personal information as described herein.


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