M.O.M. PRIVACY POLICY

This Privacy Policy was last updated on November 1, 2023.

The Garden Inc. and their respective subsidiaries, parents and affiliates (collectively, “The Garden Inc.,” “M.O.M.,” we,” “us,” or “our”) provides this Privacy Policy , including, without limitation, any policies, rules and other terms that are expressly incorporated herein by reference (collectively, this “Privacy Policy”) to describe how we collect, use, and share the information of individuals who (a) visit any of our websites that link to this Privacy Policy and/or the Terms of Service of which this Privacy Policy is a part (the “Terms of Service”), including our website located at “https://www.momsonmushrooms.com” as well as any other media form, media channel, mobile application or mobile website related or connected thereto (collectively, the “Sites”) and (b) the content, information, functionality, products or services made available on or through the Sites, including, but not limited to the M.O.M. Portal, The Grow and other M.O.M. communities or memberships available on the Sites, M.O.M. courses, M.O.M. group gatherings and events, and coaching services. ((a) and (b) are referred to collectively herein as the “Services”).

IMPORTANT NOTE: By accessing, browsing, or otherwise using the Services you voluntarily agree to be bound by this Privacy Policy and the Terms of Service .

PLEASE READ THIS PRIVACY POLICY CAREFULLY AND IN ITS ENTIRETY BEFORE ACCESSING, BROWSING, OR OTHERWISE USING THE SERVICES.

All updates to this Privacy Policy are noted at the top of this page, with time-date reference for your convenience. M.O.M. reserves the right in its sole discretion to amend this Privacy Policy at any time. Your continued use of the Sites after we make changes is deemed to be acceptance of those changes so please check the policy periodically for updates. This Privacy Policy applies to information we collect through the Services as well as any of our other websites that post this Privacy Policy. This Privacy Policy does not apply to websites that post different privacy policies or statements.

Privacy of Children

Our Sites and Services are not intended for persons under the age of 21. Persons under the age of 21 are not allowed to use our Sites and Services. If we learn or have reason to suspect that a user is under age 21, we will promptly deactivate that user’s account and delete any personal information collected in connection therewith. If you believe we might have any information from or about a child or person under the age of 21, please contact us at momsonmushrooms.portal@gmail.com.

What is Personal Information?

For the purposes of this Privacy Policy, personal information means information that identifies, relates to, describes, is capable of being associated with, or could be linked, directly, or indirectly, with a particular individual or household. Personal information does not include publicly available information.

What is Health Information?

Health information is any personal information used to identify a person’s physical or mental health condition or diagnosis.

What Kind of Information do we Collect?

Information You Give Us.

When you utilize our Services, including when you register to become a member of The Grow community, post on a M.O.M. Community Forum, register for a course, complete an encrypted survey, speak to a coach, participate in a live Q&A session or a community discussion, contact us, or register to receive alerts or other information via email, text, or instant message, we may collect information that you voluntarily share with us, including date of birth, state of residence, location information, email address, phone number, credit card information, as well as other information, including health information, and demographic information such as age, gender, and occupation, that you directly give us.

Health Information

We may also collect health information that you share with us in the course of providing the Services, including any information shared when you register for a course, fill out an encrypted survey, speak to a coach, a course instructor or guest speaker, or when you participate in a group course. We may ask you about your health history, allergies, and medications.

You may voluntarily share your personal experiences, health information, or additional personal details related to your health, mental well-being, and other sensitive topics in the course of participating in the Services. We are committed to maintaining the security and confidentiality of the information you share with us. However, it is important to acknowledge that in the context of group courses, while we strive to create a secure and confidential environment, we cannot guarantee that the personal information and health information shared by participants will be kept confidential by others. We will make every reasonable effort to ensure all participants respect each other's privacy and adhere to our guidelines.

M.O.M. Community Forums

In connection with your Grow Membership, you are able to post questions, comments, or other information about your personal experiences on the M.O.M. Community Forums. We may utilize information you have posted in the M.O.M. Community Forums for use in marketing and promotions. Any information, including your personal information and health information, that you share on the M.O.M. Community Forums is not private. What you post can be seen, disclosed to or collected by third parties and may be used by others in ways we cannot control or predict, including to contact you for unauthorized purposes.

Photographic and Audiovisual Recordings

If you attend a live Q & A session or a large group class, we may also collect personal information that we capture when recording these sessions. Photographic and audiovisual recordings will be used only for the purpose of making these recorded sessions available to our Grow members or class participants at a later date. These recordings are available only to Grow members or those who have enrolled in the recorded class. You acknowledge that audiovisual and photographic recordings of you may be stored by us and accessed by and supplied to our employees, government agencies, and others at M.O.M. in our sole discretion at any time, for any purpose, with or without a legal order or subpoena, and without notice or financial compensation to you.

Information Automatically Collected

Through the use of the Sites, we may automatically log information about you and your computer or mobile device. For example, when visiting our Sites, we may log your computer operating system type, browser type, IP address, geolocation information, referring website from which you accessed the Sites, pages you viewed on the Sites, how long you spent on a page on the Sites, access times and information about your use of and actions on our Sites. We may collect device information about your mobile device that you use to access our mobile app. We may collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends and to learn more about the demographics of our users. Such third-party service providers may use data collection tools to compile reports and provide us with other services in connection with the Services. We will not collect any location information that you do not volunteer or enable. We will delete any location information that you request us to delete.

In addition, we collect information relating to your interactions with us and the Services, including browser type, IP address, pages visited and other activities on the Sites and the other Services, device type, time and date of visit, and other information we collect through the use of cookies, mobile identifiers, and similar technology. We may use your IP address to derive your general location, and we may collect information about the precise location of your mobile device if you enable location services and grant permission.

Digital Advertising and Analytics

We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve ads on behalf of us and others on non-affiliated platforms. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information Advertising Providers collect about your use of the Sites and the other Services and other sites or apps over time, including information about relationships among different browsers and devices. This type of advertising is known as interest-based advertising.

M.O.M. adheres to the Digital Advertising Alliance (“DAA”) Self-Regulatory Principles in connection with this interest-based advertising activity. You may visit the DAA Webchoices tool at www.aboutads.info to learn more about this type of advertising and how to opt out of this advertising on websites by companies participating in the DAA self-regulatory program. If you delete your cookies or use a different browser or mobile device, you may need to renew your opt-out choices exercised through the DAA Webchoices tool. Note that electing to opt out will not stop advertising from appearing in your browser or applications. It may make the ads you see less relevant to your interests. Additionally, your browser may offer tools to limit the use of cookies or to delete cookies; however, if you use these tools, the

Sites and the other Services may not function as intended.

We may also work with third parties that collect data about your use of the Sites and the other Services and other sites or apps over time for non-advertising purposes. We use Google Analytics and other third-party services to improve the performance of the Sites and the Services and for analytics and marketing purposes. For more information about how Google Analytics collects and uses data when you use the Sites, visit www.google.com/policies/privacy/partners, and to opt out of Google Analytics, visit tools.google.com/dlpage/gaoptout.

Cookies and Similar Technologies

The Sites and the other Services use cookies and similar technologies. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. For the purpose of this Privacy Policy, cookies and other similar technologies (like scripts, plugins, tags, device fingerprints, Local Stored Objects, beacons and pixels) are all called “cookies.” The following cookies are used on the Sites and the other Services:

Strictly necessary cookies. These are cookies that are required for the operation of the Sites and the other Services. They include, for example, cookies that enable you put items in your shopping cart.
Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around the Sites and the other Services when they are using the Sites and the other Services. This helps us to improve the way the Sites and the other Services work, for example, by ensuring that users are finding what they are looking for easily.
Targeting and advertising cookies. These cookies record your visit to the Sites and the other Services, the pages you have visited, and the links you have followed. We will use this information to make the Sites, the other Services and any advertising which may be displayed on the Sites and the other Services more relevant to your interests. We may also share this information with third parties for this purpose.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You can do this through your browser settings. Because each browser is a little different, look at your browser’s “Help Menu” to learn the correct way to modify your cookies.

If you turn cookies off, some of the features that make your Site experience more efficient may not function properly or otherwise be available to you.

How Do We Use Your Information?

We may use your personal information and health information for any lawful purpose, including the following:

Improve our Services, functionality, and overall user experience;
Deliver our Services to you;
Personalize your experience;
Better cater and market to our users, as well as learn about preferences and usage habits;
Respond to customer service requests, comments and questions;
Send emails and notifications regarding our Services, news and other updates;
Follow up with you about Services you participated in (live chat, email, or phone);
Communicate about our partners’ products and services;
Tailor social media advertisements to you;
Automatically update the mobile app on your device;
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
Troubleshoot technical difficulties and errors;
Link or combine user information with other personal information;
For our legal compliance and to maintain the security of the Services;
As permitted or required by applicable law or regulatory requirements; and

For any additional purposes for which we have obtained your consent to the use or disclosure of your personal information.

Who Do We Provide Your Information to?

Except as disclosed in this Privacy Policy, we do not disclose your personal information to any companies not part of M.O.M. or its parent, subsidiaries, affiliates, or related entities.

Without providing advance notice, we do not sell, rent, trade, or otherwise transfer to outside parties any identifying personal information or health information, except in the form of aggregate consumer information, as described below.

We may, however, share your personal information and health information as follows:

With third party vendors who perform services for us or process data on our behalf, such as e-mail service providers, payment processors, texting platforms, and e-commerce providers;
With third parties who engage in advertising, such as advertising networks, social media networks, or advertising/marketing companies;
Pursuant to a subpoena, court order, governmental inquiry, or other legal process or as otherwise required by law, or to protect our rights or the rights of third parties;
As part of a corporate sale, merger, or acquisition, or other transfer of all or part of our assets, including as part of a bankruptcy proceeding;
With your consent or as otherwise disclosed at the time of data collection or sharing;

We may share information that has been de-identified or aggregated without limitation;
We may share personal information or health information for any other purpose disclosed by us when you provide such information.

We may also share your personal information and health information with our employees, contractors, subcontractors, consultants, affiliates, successors in interest and other parties who require such information to assist us with carrying out our business functions. For example, we may share your personal information or health information from time to time with third-party information technology, data processing, and call center service providers so that we may operate our business.

Finally, we may also sell, rent, or share aggregate consumer information (i.e., anonymized summary data) with others for their own uses. Specifically, if you register to use any of the Services or create an account, we may sell, rent or share certain aggregate consumer information that we compile using personal information collected about you and other users. This aggregate consumer information will never include your name, phone number, email address, or mailing address. We may sell, rent or share this aggregate consumer information with our partners and other companies for their own marketing, product development, research, or other uses.

We do not sell, trade, otherwise transfer your personal information outside of the situations detailed above, so we do not have an opt-out. If you have questions about these practices, please contact us at momsonmushrooms.portal@gmail.com.

Do Not Track Signals

We honor do not track signals and do not track, plant cookies or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Third-Party Links and Tools

The Sites and the Services may include embedded web applications. These web applications are operated by third parties and may collect personal information about you on our behalf; however, we do not control the privacy practices of such applications and they are not covered by our Privacy Policy. In addition, the Services may provide links to third-party websites or apps. Such websites or apps are not covered by this Privacy Policy. You should review the privacy policies of other websites or apps that you use to learn about their information practices.

The Sites and the other Services may also include integrated social media tools or “plug-ins,” such as social networking tools offered by third parties, including the community platform powered by Circle.so. If you use these tools to share personal information or you otherwise interact with these features on the Sites and the other Services, those companies may collect information about you and may use and share such information in accordance with your account settings, including by sharing such information with the general public. Your interactions with third-party companies and your use of their features are governed by the privacy policies of the companies that provide those features. We encourage you to carefully read the privacy policies of any accounts you create and use.

International Transfers

M.O.M. is based in and operates exclusively in the United States. If you are located in a jurisdiction outside the US, the data protection laws in the US may not be considered to provide an adequate level of protection under your local data protection laws. If you are a visitor to this Services and prefer not to have your personal information transferred to the United States, do not access or use the Services. For transfers of personal information, we may base the transfer on appropriate safeguards, such as standard data protection clauses adopted by the European Commission or by a supervisory authority, approved code of conducts together with binding and enforceable commitments of the recipient, or approved certification mechanisms together with binding and enforceable commitments of the recipient. You can request a copy of the appropriate safeguards by contacting us as set out below.

Accessibility

Individuals who need assistance accessing this Privacy Policy in an alternative format can do so by contacting us at the email address below.

HIPAA

M.O.M. is not an entity that is covered by the Health Insurance Portability and Accountability Act (“HIPAA”). The HIPAA privacy rules apply generally to health plans, health care clearinghouses, and to health care providers. This means that the information that you provide is not protected by the HIPAA privacy rules and regulations.

Rights to your Personal Information

You have the right to “opt in” and/or “opt out” of certain uses of your personal information. Depending on your jurisdiction, you may have additional choices about how we collect, use and share your personal information. You may have rights to:

Request that we erase or delete some (or all) of your personal information in our possession subject to limitations related to certain security measures, anti-fraud policies and procedures and other obligations set forth herein;
Edit the personal information we have on file for you through your account;
Ask us to stop using or sharing your information (subject to our legal right to do so and in accordance with the terms of this Privacy Policy);
Request a copy of your personal or health information in our possession; and
You have the ability to review, change and correct the personal information you provide us.
If you are a registered member of The Grow, you can access, correct or update your account profile to opt-out of email or in-app notifications.

To exercise your rights under this Section, you can contact us by email at momsonmushrooms.portal@gmail.com or by phone at 719-782-9402. We will consider your requests and our obligations to respond in accordance with applicable laws. Please note, there may be circumstances in which we are unable to fulfill your request if it violates applicable laws or our other policies and procedures.

In the event you close your account, we will retain copies of your personal information if we believe it is reasonably necessary for us to do so due to our legal obligations, meet regulatory requirements, maintain security, prevent fraud and abuse, enforce our rights hereunder or the Terms of Service, or fulfill your requests related to your personal information including your requests to unsubscribe from our Services.

We will try to comply with your requests made pursuant to this Section as soon as is reasonably practicable. It is important to note, should you exercise your right to “opt out” as described herein, we may not be able to remove your personal information from the databases of the third parties or affiliates with whom we have already shared your personal information prior to the date of your request.

We encourage our customers who are California residents to review the “California Privacy Rights” section below which sets forth certain privacy rights specifically available to California residents.

California Privacy Rights

This section contains disclosures required by the California Consumer Privacy Act (“CCPA”) (as amended and extended by California Privacy Rights Act), and applies only to “personal information” that is subject to the CCPA.

Categories of Sources. We collect personal information from the following categories of sources:

Consumers;
Advertising networks;
Data analytics providers;
Operating systems and platforms;
Social networks;
Service providers; and
Affiliated entities irrespective of whatever marks they may use.

Personal Information We Collect

We collect the following categories of personal information about California consumers:

Personal and online identifiers (such as first and last name, email address, or unique online identifiers);
Categories of information described in Section 1798.80(e) of the California Civil Code, (such as physical characteristics or description, address, telephone number, education, employment history, credit card number, debit card number, bank account information, or any other financial information, medical information, or health insurance information);
Characteristics of protected classifications under California or federal law (such as race or gender);
Commercial or transactions information (such as records of products or services purchased, obtained or considered);
Internet or other electronic network activity information (such as browsing history, search history, interactions with a website, email, application, or advertisement);
Biometric information (such as call recordings);
Geolocation information;
Sensory information (such as audio, electronic, visual, thermal, olfactory, or similar information);
Professional or employment-related information;
Education information;
Inferences drawn from the above information about your predicted characteristics and preferences; and
Other information about you that is linked to the personal information above.

Why We Collect, Use, and Share California Information

We use and disclose the personal information we collect for our commercial and business purposes, as further described in this Privacy Policy. These commercial and business purposes include, without limitation:

Our commercial purposes, including:

To provide you with products and Services;
To advertise our products and Services and to communicate about our partners’ products and services;
To provide you with news and information;
Tailor social media advertisements to you.

Our business purposes as identified in the CCPA, which include:

Auditing related to our interactions with you;
Legal compliance;
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
Debugging; troubleshoot technical difficulties and errors;
Short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of a consumer’s current interaction with the business;
Performing services (for us or our service provider) such as account servicing, processing orders and payments, and analytics;
Providing advertising and marketing services;
Internal research for technological improvement;
Internal operations;
Activities to maintain and improve the Services;
As permitted or required by applicable law or regulatory requirements; and
For any additional purposes for which we have obtained your consent to the use or disclosure of your personal information.

Your Rights Regarding Personal Information

California residents have certain rights with respect to the personal information collected by businesses. If you are a California resident, you may exercise the following rights regarding your personal information, subject to certain exceptions and limitations:

The right to know the categories and specific pieces of personal information we collect, use, and disclose about you; the categories of sources from which we collected personal information about you; our purposes for collecting or sharing personal information about you; the categories of personal information about you that we have either sold or disclosed for a business purpose; and the categories of third parties with which we have shared personal information.
The right to request that we delete the personal information we have collected from you.
The right not to receive discriminatory treatment for the exercise of the privacy rights conferred under California’s privacy laws and, unless permitted by law, we will not: Deny you the ability to access the Services; charge you different prices or rates for the Services; or provide you with a different level or quality of Services.

To exercise any of the above rights, please contact us using the following information and submit the required verifying information, as further described below:

By email at [momsonmushrooms.portal@gmail.com]
Online at www.momsonmushrooms.com/privacy-policy; or
If you have an online account with us, through the settings page in your account.

Verification Process and Required Information. Note that we may need to request additional information from you to verify your identity or understand the scope of your request, although you will not be required to create an account with us to submit a request or have it fulfilled. We will require you to provide, at minimum, your full name and an email address or a mobile phone number.

Your Choices

When you make a purchase, register, or enroll in of our courses or programs, you accept to receive transactional and service-related communications via email.

We may also email marketing messages, program updates, or other promotions. If you decide you no longer which to receive these communications, you may opt out by using the link provided at the bottom of each marketing message or by contacting us at [momsonmushrooms.portal@gmail.com]. To opt out of receiving text messages from us, please reply to a text message from us and respond “STOP.”

Updating Your Information

You may request to review, change, or update your contact information by e-mailing us at [momsonmushrooms.portal@gmail.com].

Consent

By using our Services, we assume that you have consented to the collection, use and disclosure of your personal information as explained in this Privacy Policy. You may change or withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting us using the contact information set out below. All communications with respect to such withdrawal or variation of consent should be addressed to momsonmushrooms.portal@gmail.com. Please note that in some circumstances, withdrawing or changing your consent to certain uses of your personal information may affect: (i) our ability to provide you with the Services you request; and (ii) your ability to access the Sites.

Changes to Our Privacy Policy

We may revise this Privacy Policy from time to time. We will text you, e-mail you and/or post a notification on the Sites and/or in the other Services in the event of any material changes to this Privacy Policy. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification and will apply to information we collect after the changes are effective. If the change is not material, the change shall be effective immediately upon appearing on the Sites and the other Services regardless of the date of notice. Please check this Privacy Policy periodically for changes.

This Privacy Policy and its terms and provisions are incorporated into, and a part of www.momsonmushrooms.com/terms-of-use.

If you have questions, comments, or concerns about this Privacy Policy, please contact us at momsonmushrooms.portal@gmail.com]