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Privacy Policy for The Garden App

WHY HAVE WE PREPARED THIS POLICY?

We understand that privacy is important and are committed to ensuring that personal information is processed in accordance with applicable data protection / privacy laws. We have put together this privacy policy which you are currently reading (“Policy”) to help you understand what information we collect from users of the The Garden App and how we use and share this information. This Policy is part of and subject to our Terms of Use for the The Garden Services. Please read it carefully. By using the The Garden Services you are agreeing to be bound by this Policy in respect of the information collected about you via the The Garden Services and you consent to the use of that information as set out in the Policy.

WHAT DOES THIS POLICY APPLY TO?

Unless We tell you otherwise, the Policy applies as between Asuncion G. Gil and any person who uses the The Garden App. The Policy deals with Our use of any and all Information collected by Us in relation to Your use of the The Garden App.

PLEASE BE AWARE THAT SOME VERSIONS OF THE THE GARDEN APP PROVIDED FOR USE WITH A PARTICULAR ASUNCION G. GIL POWERED PRODUCT OR EXPERIENCE MAY HAVE A DIFFERENT PRIVACY POLICY WHICH IS UNIQUE TO THAT APP. THIS PRIVACY POLICY WILL NORMALLY BE LOCATED WITHIN THE APP ITSELF. FOR APPS WHICH HAVE THEIR OWN IN-APP PRIVACY POLICY, THE PROVISIONS OF THAT POLICY WILL APPLY IN PLACE OF THIS PRIVACY POLICY.

WHAT DOES THIS POLICY NOT APPLY TO?

THIS POLICY DOES NOT APPLY TO PERSONAL DATA AND OTHER INFORMATION.

WE SHOULD ALSO POINT OUT THAT THIS POLICY DOES NOT EXTEND TO ANY WEBSITES OR SERVICES OF THIRD PARTIES WHICH CAN BE ACCESSED FROM THE THE GARDEN SERVICES INCLUDING, BUT NOT LIMITED TO, ANY LINKS WE MAY PROVIDE TO SOCIAL MEDIA SITES.

WHAT MEANS WHAT?

“Content” means any animation, documents, images, links, sound files, videos, text, or any other content or materials which are made available to the public via the The Garden Services.
“Information” means collectively all information that You or Your device send, submit or transmit to Asuncion G. Gil via the The Garden Services.
“Person” includes individuals, companies, corporations, partnerships, limited liability partnerships, co-operatives, associations and other natural and legal persons.
“Personal Data” for the purposes of this Policy, means Information which relates to a living individual who can be identified from that Information, where that Information is collected and analysed with the intention of distinguishing one individual from another, and to take a particular action in respect of that individual.
“Third Party Content” means Content which is owned or controlled by a person other than Asuncion G. Gil including (1) content which is licensed to Us by a brand or an entertainment franchise and (2) Content which is made publicly available by our users.
“You”, “Your” means you, the person visiting, installing and using the The Garden App, or registering as a user of The Garden Services.
“Asuncion G. Gil”, “We”, “Our”, “Us” means Asuncion G. Gil  an individual in Philippines.
“THE GARDEN APP” means our application for smartphones and tablets entitled THE GARDEN including all versions of that application which may be available for download from time to time from the App Store or Google Play.
“THE GARDEN Content” means Content owned by Asuncion G. Gil, which We are responsible for and make available to You via the THE GARDEN Services.
“THE GARDEN Services” means collectively the The Garden App and any other applications, products or services of Asuncion G. Gil which You may use unless excluded in the section entitled “What Does this Policy Not Apply to?”. A reference to “The Garden Services” includes any and all related databases, features, functionality, plug-ins, software and web pages and with respect to Asuncion G. GIl POWERED products, experiences and items which appears on or within that product, experience or item.


OWNERSHIP AND DATA CONTROLLER

The Garden Services are owned and operated by Asuncion G. Gil, an individual in Philippines. Our contact details are shown below in the section headed “Your Rights and How to Get in Touch”.

INFORMATION THAT WE COLLECT FROM YOU

As and when You use the THE GARDEN Services We may collect certain Information from You. Some of this Information may be Personal Data and some of the Information may be Anonymous Information. We will only use this Information in accordance with the terms of this Policy.

Collection and user registration: 

There are some features of the THE GARDEN Services which may require You either to (1) confirm your country and age and/or (2) register before You can access those features. As part of the confirmation or registration process You may be asked to provide certain Information about Yourself. This could be one or more of the following items of Personal Data:

  • Your name,
  • Your date of birth,
  • Your email address,
  • Your post code,
  • Your country of residence,
  • Username and password.

Without limitation, We may also collect the following kinds of Information from You whether or not You register with Us:

  • Emails sent to Asuncion G. Gil and messages submitted via the THE GARDEN App
  • Competition entries
  • Responses to surveys and feedback requests
  • User Generated Content
  • Information given to Us by other companies,
  • device information, and
  • information relating to Your use of the THE GARDEN App.

See items (i) to (iv) below for further details of some of the circumstances in which We may collect this Information from You.

(i) Emails and other Information submitted to Asuncion G. Gil.

If You choose to email or write to Asuncion G. Gil about the THE GARDEN Services, or You fill in the on-line Contact & Support request form available on the The Garden Website, We may collect Information about You from the content of Your letter, email or other message e.g. Your name, Your email address, and what You like or dislike about Asuncion G. Gil. If you participate in a competition or promotion, or respond to a survey or feedback request via the THE GARDEN Services then in addition to your entry or response we may collect your name, email and/or other contact details.

(ii) Use of Content: 

When You use the THE GARDEN App in order to use or look at Content, We will process such Information as is necessary to allow You to use the functionalities of the app and website, and to enable access to and subsequent transmissions of the Content.

(iii) Information about Your device and Your use of the THE GARDEN App: 

When You use the THE GARDEN App, Our servers may automatically record information that Your mobile device sends or transmits, including the following:

  • a random ID (see item (vi) below),
  • Your Internet Protocol (“IP Address”),
  • the time,
  • the make and model of Your device (including operating system version),
  • the version of the THE GARDEN App being used,
  • user settings, and
  • information about Your use of the THE GARDEN App.

We may use this Anonymous Information to analyse and optimise Your use of the THE GARDEN Services; to develop new features and functionality; or to develop new products or services which We believe may be of use to You or other users of the THE GARDEN App.

(iv) GPS Location Data:

Asuncion G. GIl does not currently receive or process any GPS location data provided by You or which We receive from location service providers. We may however wish to do so in the future to tailor the THE GARDEN Services offered to users in a particular geographical location. If this becomes the case, We will only process location data for which You gave Us Your consent, including Your GPS location, which were provided by You or which We receive from GPS location service providers but only for so long as this is necessary for delivering the THE GARDEN Services and/or to the extent required as permitted by applicable law.

HOW DOES ASUNCION G. GIL USE YOUR INFORMATION?

We may also use Your Information for all or any of the following purposes:

  • to enable Us to provide You with access to all features and functionality of the THE GARDEN Services and to enable You to have access to the Content;
  • to enable You to create and share User Generated Content;
  • to provide You with service related updates;
  • to provide You with personalised content and promotional communications that You are happy to receive from the THE GARDEN Services;
  • to provide customer service in relation to Your use of the THE GARDENServices;
  • generally to administer, support, improve and develop the THE GARDEN Services, including automatically updating the THE GARDEN App on Your device and detecting, preventing, or otherwise addressing fraud, security or technical issues; and
  • as otherwise stated in this Policy.

MARKETING COMMUNICATIONS

Additionally, We may use Your Information to send You notifications and information about the THE GARDEN Services and other Asuncion G. Gil products and services We think may be of interest to You, but only if You have given your consent. If at any time You no longer wish to be contacted for this purpose, please let Us know and We will remove You from Our mailing list. PLEASE NOTE THAT YOU MAY NOT OPT OUT OF SERVICE RELATED EMAILS AS THESE ARE NECESSARY FOR THE PERFORMANCE OF THE THE GARDEN SERVICES.

WHERE WILL YOUR INFORMATION BE PROCESSED?

We primarily use servers located in Singapore to store and process Your Information; however our server provider also uses various servers located around the world to cache data locally and speed up access to Content.

We may appoint third parties to carry out certain data processing on Our behalf. For example, We may appoint a third party as a payment provider; to host the THE GARDEN Services; or to administer electronic mailings on Our behalf. We will continue to be the data controller in respect of any Information transferred to such third parties and shall remain responsible for the processing undertaken by them.

WHEN MIGHT ASUNCION G. GIL SHARE YOUR INFORMATION WITH OTHERS?

Other than as expressly set out in this Privacy Policy or as otherwise required or permitted by law or regulatory requirement, We will not share, sell or transfer any of the Information You provide to Us without Your consent.

WE MAY DISCLOSE YOUR INFORMATION TO OR SHARE IT WITH THE FOLLOWING:

  • other users where You allow Information to be made public;
  • social media services You choose to share Information with;
  • any third party to whom disclosure is necessary to enable Us to provide You with the THE GARDEN Services including our server provider;
  • any third party to whom disclosure is necessary to protect the rights, property or safety of the THE GARDEN Services, its users and the public, This includes exchanging Information with other companies and organisations or fraud protection and spam prevention.
  • any person to whom disclosure is necessary to enable Us to enforce Our rights under this Policy or under Our Terms of Use;
  • Our business partners, which may include advertising, brand and retail partners for the purposes of providing certain services available within the THE GARDEN services that are offered in conjunction with those partners. This Information would, for example, allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of interest to You;
  • to inform business partners about use of the THE GARDEN Services and products and services made available through the THE GARDEN Services, in the form of aggregated statistics or otherwise in a format that does not identify You personally;
  • any prospective purchaser of THE GARDEN, its parent company, or any part thereof;
  • other outside parties (e.g. judicial or regulatory authorities) to comply with the law and legal obligations.

CONTROLLING THE USE OF YOUR INFORMATION

By submitting Your Information You consent to the use of that Information as set out in this Policy. You may withdraw Your consent for Asuncion G. Gil to process your Personal Data for direct marketing purposes at any time by notifying Us in writing (an email will suffice).

You are always free to opt-out from the future collection of Your personal information by Asuncion G. Gil in accordance with this Policy by uninstalling the THE GARDEN App from each of your devices and discontinuing use of the THE GARDEN Services.

CHANGES OF BUSINESS OWNERSHIP AND CONTROL

Asuncion G. GIl may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Asuncion G. GIl or the THE GARDEN Services. Information provided by users will, where it is relevant to any part of Our business so transferred, be transferred along with that part as one of the transferred assets. The new owner or newly controlling party will, under the terms of this Policy, be permitted to use the Information for the purposes for which it was originally supplied to Asuncion G. Gil.

We also reserve the right to disclose anonymised user data to the prospective buyer of such business or assets.

HOW DO WE KEEP YOUR INFORMATION SECURE?

Data security is of great importance to Asuncion G. Gil We have put in place commercially reasonable physical, electronic and managerial security measures to protect Your Information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage.

Specifically We use the following measures:

  • Your Information will only be accessed by authorised employees.
  • These employees are obliged to preserve the confidentiality of all information that comes to their attention, unless disclosure is compulsory by law or necessary for the fulfilment of their duties.

Even though Asuncion G. Gil has taken the above security measures given the nature of on-line communications We cannot 100% ensure the security of Your Information or guarantee that Your Information will not be accessed, disclosed, altered or destroyed by an unauthorised person who is determined to circumvent Our security measures.

HOW LONG DO WE KEEP YOUR INFORMATION FOR?

We will retain Your Information for the duration of Your use of the THE GARDEN Services and for a reasonable period thereafter for backup, archival and/or audit purposes or for as long as the law otherwise requires or permits.

YOUR RIGHTS AND HOW TO GET IN TOUCH

You are entitled to see a copy of the Personal Data that Asuncion G. Gil holds about You and You may ask Us to make any necessary changes to ensure that it is accurate and kept up to date. If You wish to do this, please contact Us using the contact information given below. We may make a small charge for this service. We may also ask You to provide reasonable proof of Your identity before We disclose any Information to You.

If You wish to exercise Your subject access right described in the previous paragraph, or if You have any other questions regarding this Policy or how Asuncion G. Gil collects and uses Your Information, you may contact Us in writing or by email at the following addresses:

Postal Address 

Unit 1206, The Trade and Financial Tower

7th Ave. cor. 32nd St.

Bonifacio Global City, Taguig City

Philippines

Email

geri.gil@watusimanila.com

CHILDREN’S PRIVACY AND THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA)

This section of the Policy applies if You are accessing any THE GARDEN Services from within the USA or any other country which requires parental consent prior to the collection of personal information from an individual under the age of 13.

ASUNCION G. GIL does not knowingly collect or solicit personal information from children under the age of 13. The THE GARDEN Services and their content are not intentionally directed at children under the age of 13 and We do not target children under 13 as Our primary audience. In the event We learn that We have inadvertently collected personal information from a child under the age of 13, and that child lives in a country which does not permit such collection without prior parental consent, We will delete that information as quickly as possible.

If a parent or legal guardian becomes aware that their child under the age of 13 has provided Us with personal information without prior parental consent, please contact Us at the address above and We will delete such information from Our files.

So as to comply with international privacy laws, We use age screens for certain features of the THE GARDEN App. We do not store any individual’s date of birth on Our system and this information is held within the user’s device.

USE OF THE THE GARDEN APP BY YOUNG CHILDREN

Parents and guardians should also be aware that the THE GARDEN Services are a general audience service and contain a wide variety of Content and experiences some of which may be of a nature unsuitable to young children. If you have any concerns, you may wish to monitor your child’s use of the THE GARDEN App and ASUNCION G. GIL recommends that you do not allow your child to use the THE GARDEN App.

CHANGES TO OUR PRIVACY POLICY

As the THE GARDEN Services and the laws which apply to them will change over time, We need to reserve the right to make changes to this Policy from time to time. You are deemed to have accepted the wording of the amended Policy on Your first use of anyTHE GARDEN Services following the changes.

APPLICABLE LAW

Irrespective of which country You reside in or submit Information from the law which applies to this Policy shall be the law of Philippines.

LAST UPDATED: DEC 2019