PRIVACY POLICY

Updated: August 30, 2022

Introduction

At Farmish, we care deeply about privacy. We believe in transparency, and we’re committed to being upfront about our privacy practices, including how we treat your personal information. We know you care about your privacy too, so we provide settings that allow you to choose how certain information is used by Farmish. This policy explains our privacy practices for Farmish.com (which we’ll refer to as the “Site”), Farmish’s mobile application (the “App”), and any other services provided by Farmish, Inc. , located at 40 Pearl St NW Suite 200, Grand Rapids 49503, referred to as “Farmish,” “we,” “us” or “our.” We’ll refer to the Site, the App, and our other services as the “Services.” This policy does not apply to the practices of third parties (including other users who sell using the Services) who may also collect or receive data in connection with your use of the Services.

Our Privacy Policy

We process your personal information to run our business and provide our users with the Services. By accepting our User Agreement as well as other policies, and in some jurisdictions, by acknowledging this policy, you confirm that you have read and understand this policy, including how and why we use your information. If you don’t want us to collect or process your personal information in the ways described in this policy, you shouldn’t use the Services. We are not responsible for the content or the privacy policies or practices of any of our users or third-party websites and apps.

Farmish’s User Agreement requires all account owners to be at least 18 years of age. Minors under 18 years of age and at least 13 years of age are permitted to use Farmish’s Services only if they have permission and direct supervision by the owner of the account. Children under age 13 are not permitted to use the Services. You are responsible for any and all account activity conducted by a minor on your account. We do not knowingly “sell,” as that term is defined under applicable law, including the California Consumer Privacy Act, the personal information of minors. 

By using the Services, you acknowledge that Farmish will use your information in the United States and any other country where Farmish operates. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. We will transfer personal information only to those countries to which we are permitted by law to transfer personal information as more fully described in the “Transfers” Section of this policy. 

Information Collected or Received

In the course of providing our Services, we collect or receive your personal information in a few different ways. We obtain the categories of personal information listed below from the following sources: directly from you, for example, from forms you complete or during registration; indirectly from you based on your activity and interaction with our Services, or from the device or browser you use to access the Services; from our vendors and suppliers that help provide Farmish services you may interact with (such as, for example, for customer support), and from our third party advertising and marketing partners. Often, you choose what information to provide, but sometimes we require certain information to provide you the Services. Farmish uses the personal information it receives and collects in accordance with the purposes described in this policy.

Registration, Account Setup, Service Usage

In order to use the Services, will need to submit a valid email address. If you register, you will need to submit a name associated with your account. You may modify that name through your account settings. You need to provide this information to enable us to provide you with the Services. Additional information, such as a business name (if relevant), a telephone number, and/or a physical postal address, may be necessary in order for us to provide a particular service. For both buyers and sellers, Farmish requires this information from you in order to provide you with the Services (including, to verify ownership of an account, to mitigate fraud and abuse, to comply with regulatory obligations, or to facilitate a transaction as a buyer or seller). Farmish may contact sellers confidentially to request more information about their listings or items, or may request information from buyers to ensure compliance with our policies and applicable law. 

Profile

You may provide your name and other personal information (such as birthday, gender, location) in connection with your account and activity. You can edit or remove this information through your account settings. The name associated with your account (which you may modify in your account settings) is publicly displayed and connected to your Farmish activity. Other users may see the date you joined; ratings, reviews (including your display name, city and/or country) and information relating to items you review, and related photos for items you purchased or sold; your profile information; items you listed for sale; your listings and policies; sold item listings and the number of items sold; comments you post in our community spaces; and information you decide to share via social networks. For Sellers, we may collect and use information about you in order to feature you in marketing and advocacy materials, and to feature you and your listings on and Site or App, as provided for in Farmish’s User Agreement or as otherwise legally required. From time to time, we may also ask you about certain demographic information, such as your race, ethnicity, sexual orientation, or gender identity, in relation to specific marketing and advocacy projects and campaigns. Providing this demographic information is entirely voluntary and at the time we ask we will also seek your consent to use it.

Automated Information

Farmish automatically receives and records information from your browser or your mobile device when you visit the Site, use the App, or use certain features of the Services, such as your IP address or unique device identifier, cookies, and data about which pages you visit and how you interact with those pages in order to allow us to operate and provide the Services. This information is stored in log files and is collected automatically. Farmish may also receive similar information (like, for example, IP addresses and actions taken on the device) provided by a connected Internet of Things device such as a voice-activated assistant or Smart TV. We may combine this information from your browser or your mobile device with other information that we or our advertising or marketing partners collect about you, including across devices. This information is used to prevent fraud and to keep the Services secure, to analyze and understand how the Services work for users and visitors, and to provide advertising, including across your devices, and a more personalized experience for users and visitors.

We also automatically collect device-specific information when you install, access, or use our Services. This information can include information such as the hardware model, operating system information, app version, app usage and debugging information, browser information, IP address, and device identifiers. For more information about these online tools and how we use them, see our Cookies & Similar Technologies Policy and Information Uses, Sharing, & Disclosure Sections, below.

Data from Farmish Vendors and Suppliers

We also receive information from our vendors and suppliers about you. This information can include customer service interactions and information shared in Farmish’s forums.

Data from Advertising and Marketing Partners

As described below, Farmish receives information from our advertising and marketing partners about you. This information can include attribution information via cookies and UTM tags in URLs to determine where a visit to Farmish comes from, responses to marketing emails and advertisements, responses to offers, and audience information from partners who you have given consent to share that information with us. 

Location Information

We collect information about your use of the Services for advertising, for analytics, to serve content, and to protect the Services. This can include your IP address, browser information (including referrers), device information (such as iOS IDFA, IDFV for limited non-advertising purposes, Android AAID, and, when enabled by you, location information provided by your device). When you use the Apps, you can choose to share your geolocation details with Farmish in order to use functions like our local marketplace, maps, and for in-person sales (although you don’t need to share these details). You can choose to publish your location when you sell on Farmish. 

We obtain the location information you provide in your profile or your IP address. With your consent, we may also determine location by using other information from your device, such as precise location information from GPS or information about wireless networks or cell towers near your mobile device. We use and store information about your location to provide features and to improve and customize the Services, for example, for Farmish’s internal analytics and performance monitoring; localization, regional requirements, and policies for the Services; for local content, search results, and recommendations; for mapping services; and using approximate location information, such as a city or country, for marketing and personalizing and tailoring our Services to you. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you may revoke your consent to the sharing of that information through the settings on the Apps or on your mobile device. Certain non-precise location services, such as for security and localized policies based on your IP address or submitted address, are critical for the Site to function. We will only share your geolocation details with third parties (like our mapping, or, to the extent applicable, advertising providers) in order to provide you with the Services. You may also choose to enable the Apps to access your mobile device’s camera to upload photographs to Farmish.

Analytics Information

We use data analytics software to ensure Site and App functionality and to improve the Services. This software records information such as how often you use the Apps, what happens within the Apps, aggregated usage, performance data, app errors and debugging information, and where the Apps were downloaded from. We do not link the information we store within the analytics software to any personally identifiable information that you submit within the mobile application. For more information, see Farmish’s Cookies and Similar Technologies Policy and Disclosures, below. 

Non-Member Information

Farmish receives or obtains information (for example, an email address or IP address) about a person who is not yet a registered Farmish member (a “non-member”) in connection with certain Farmish features, such as when a non-member chooses to subscribe to a Farmish newsletter or when a member invites a non-member to visit the Site. Non-member information is used only for the purposes disclosed when it was submitted to Farmish, for purposes necessary to the functioning of Farmish’s Services or where Farmish has a legitimate interest, as disclosed in the “Information Uses, Sharing, & Disclosure” Section below, or to facilitate action authorized by a member or the non-member. 

Findability

You can search for people you know by email address or listing name on the Site or App. Finding your friends on Farmish helps you connect with them on our platform. If you do not wish to be located on Farmish via your name or email, you can remove your name and instead may use a nickname or alias or secondary email address as your name/email address in your public account information. 

Messages from Farmish

On occasion, Farmish will need to contact you. Primarily, these messages are delivered by email, Farmish Messages, or by push notifications for a variety of reasons, including marketing, transactions, advocacy, and service update purposes. If you no longer wish to receive push notifications, you can disable them at device level. You can opt out of receiving marketing communications via email or messages in your account settings or by following the unsubscribe link in any marketing email you receive. To ensure you properly receive notifications, we will need to collect certain information about your device, such as operating system and user identification information. Every account is required to keep a valid email address on file to receive messages. Farmish may also contact you by telephone to provide member support or for transaction-related purposes if you request that we call you. Additionally, and with your consent where required by applicable law, Farmish may send you an SMS (or similar) message, or reach out to you by telephone, in order to provide you with customer support, for research or feedback, for security purposes when you enable two factor authentication in your account, or to provide you with information about products and features that you may find of interest. You can update your contact preferences in your account settings. When you contact a seller using Farmish messages, the feature that allows buyers and sellers to communicate through the Services, we may share aggregated information about your use of the Services to sellers, for example if you are a frequent purchaser or a new buyer, so they can provide you with better service and so we improve our Site and Apps.

Some messages from Farmish are service-related and necessary for users or account holders. You understand and agree that Farmish can send you non-marketing emails, or messages, such as those related your account, security, or product changes. Examples of service-related messages include an email address confirmation/welcome email when you register your account, service availability, modification of key features or functions, relaying messages with buyers, and correspondence with Farmish’s Support team (including by chat interface or the other methods of communication as described above). 

When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number for some other reason, you receive notice of and agree (in some jurisdictions and situations, by an additional unambiguous consent) to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails or messages through the opt-out link included in such emails, advocacy emails or messages. Users can also control which marketing emails or messages they receive from Farmish through their account settings. Please note that some changes to your account settings may take a few days to take effect. 

Forums

Farmish is a marketplace and a community. We offer several features that allow users to connect and communicate in public or semi-public spaces, such as forums. You don’t have to use these features, but if you do, please use common sense and good judgment when posting in these community spaces or sharing your personal information with others through the Services. Be aware that any personal information that you choose to submit there can be read, collected, or used by others, or could be used to send unsolicited messages to you. We engage certain third parties to assist in providing community services to you and, in the context of that relationship, we need to share some of your information with such third parties in order to provide that service. This may include, for example, information from your Farmish account that is publicly available, your account’s status, your forum posts, your Farmish username, the display name you’ve optionally chosen to share publicly in your Farmish account, the date that you registered on Farmish, as well as your language and regional settings on the Site. If you close your Farmish account, your related personal information will be deleted. However, your posts may remain public after your account is closed, although your name will no longer be displayed alongside the post. You are responsible for the personal information that you choose to post in community spaces through the Services. 

Another member may follow your public activity on the Site to receive updates, such as when you add an item to your public Favorites or Collections. You may choose to make certain activities private through your account settings. You have the option to block any member with whom you do not wish to share your updates.

Information Uses, Sharing, & Disclosure

We respect your privacy. Farmish will not disclose your name, email address, or other personal information to third parties without your consent, except as specified in this policy. 

You can control your privacy settings through the opt-out buttons in your account settings privacy tab, and the Privacy Settings link located getfarmish.com/Privacy. Please note that some changes to your privacy settings may take a few days to take effect. We or our sellers may advertise our Services or our sellers’ products through a variety of different mediums and rely on your consent to do so off-site. 

Legal Bases

When you access or use the Services, we collect, use, share, and otherwise process your personal information for the purposes described in this policy. We rely on a number of legal bases to use your information in these ways. These legal bases include where:

  • Necessary to perform the contractual obligations in our User Agreement and in order to provide the Services to you;
  • You have consented to the processing, which you can revoke at any time;
  • Necessary to comply with a legal or regulatory obligation, a court order, or to exercise or defend any impending or asserted legal claims; 
  • Necessary for the purposes of our or a third party’s legitimate interests, such as those of visitors, users, or partners (described in more detail below);
  • You have expressly made the information public; 
  • Necessary in the public interest, such as to prevent crime; and
  • Occasionally necessary to protect your vital interests or those of others (in rare cases where we may need to share information to prevent loss of life or personal injury).

We principally rely on consent (which can be withdrawn at anytime) (i) to send marketing messages, (ii) for third-party data sharing related to advertising, and, to the extent applicable, (iii) for the use of location data for advertising purposes. 

Our Legitimate Interests

Where we process your information on the basis of legitimate interests, we do so as follows:

Providing and Improving our Services

We use your information to improve and customize our Services, including sharing your information for such purposes, and we do so as it is necessary to pursue our legitimate interests of improving our Services for our users. This is also necessary to enable us to pursue our legitimate interests in understanding how our Services are being used, and to explore and unlock ways to develop and grow our business. It is also necessary to allow us to pursue our legitimate interests in improving our Services, efficiency, interest in Services for users, and obtaining insights into usage patterns of our Services. As a core part of our Services, we have a legitimate interest in customizing your on-site experience to help you search for and discover relevant items and recommended purchases, including using this information to help sellers find the best ways to market and sell their products on Farmish.

Providing Marketing Communications

We rely on our legitimate interest to send you marketing messages (where permitted independent of consent) and for Farmish’s advertising programs (including Farmish’s on-site advertising and marketing).

Keeping our Services Safe and Secure

We use your information for safety and security purposes, which can include sharing your information for such purposes, and we do so because it is necessary to pursue our legitimate interests or those of a third party in ensuring the security of our Services, preventing harm to individuals or property, or crime, enforcing or defending legal rights, or preventing damage to Farmish’s systems, or those of our users or our partners. This includes enhancing protection of our community against spam, harassment, intellectual property infringement, crime, fraud and security risks of all kinds. We use your information to provide and improve the Services, for billing and payments, for identification and authentication, and for general research and aggregate reporting. 

Buying and Selling

As part of the buying and selling process, Farmish will facilitate the sharing of information between the two users involved in the transaction, such as the other Farmish member’s email address and account name. 

We expect you to respect the privacy of the member whose information you have received. Please see the User Agreement for more information, under the “Respecting Other Users’ Privacy” section.

You have a limited license to use that information only for Farmish-related communications or for Farmish-facilitated transactions. Farmish has not granted a license to you to use the information for unauthorized transactions or sending unsolicited commercial messages in violation of any applicable laws, including any consent requirements of the jurisdiction of the recipient. You should only add a member to your email or physical mailing list or otherwise use or store a member’s personal information in accordance with applicable laws, including any consent requirements that apply in that member’s jurisdiction. 

Site Customization

We may learn about the types of products that you’re interested in from your browsing and purchasing behavior on (and off) the Site or App and use such information to suggest potential purchases as a result. As a part of our Services, we have a legitimate interest in customizing your experience to help you search for and discover relevant items and recommended purchases, including using this information to help sellers find the best ways to market and sell their products on Farmish. 

Legal and Safety

Farmish may also retain, preserve, or release your personal information to a third party in the following limited circumstances: in response to lawful requests by public authorities, including to meet legitimate national security or law enforcement requirements; to protect, establish, or exercise our legal rights or defend against impending or asserted legal claims, including to collect a debt, or a material violation of our policies (including our Intellectual Property Policy); to comply with a subpoena, court order, legal process, regulation, or other legal requirement; or when we believe in good faith that such disclosure is reasonably necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to our rights or property, or violations of Farmish’s User Agreement.

In the cases set out above, our use of your information may be necessary for the purposes of our or a third party’s legitimate interest in keeping our Services secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage. Such use may also be necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims or to facilitate the collection of taxes and prevention of tax fraud. It may also be necessary in the public interest (such as to prevent crime or fraud) or to protect vital interests (in rare cases where we may need to share information to prevent loss of life or personal injury).

If Farmish receives a lawful, verified request for a member’s records or information in one of the limited circumstances described in the previous paragraph, Farmish may disclose personal information, which may include, but may not be limited to, a member’s name, address, phone number, email address, company/trading name and, where appropriate, bank account and transaction details. In any event, except in emergency situations or when consistent with our User Agreement], this Privacy Policy, and applicable law, FARMISH REQUIRES A VALID LEGAL AND SUFFICIENT LEGAL PROCESS PROPERLY SERVED TO COMPEL US TO DISCLOSE RECORDS OR INFORMATION ABOUT USERS. Farmish may object to overly broad or otherwise inappropriate demands as a matter of course. Whenever practicable, and unless prohibited from doing so, Farmish may notify the affected user before disclosing any records or information requested about them, including providing a copy of the legal process. Farmish may also allow the user enough time to appear and object to the legal process in court, if applicable.

Aggregated Information

Farmish may share demographic information with business partners, but unless otherwise stated, it will be aggregated and de-personalized so that personal information is not revealed.

Service Providers

Farmish also needs to engage third-party companies and individuals (such as research companies, and analytics and security providers) to help us operate, provide, and market the Services. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf, and are obligated to Farmish not to disclose or use your information for other purposes. Our engagement of service providers is often necessary for us to provide the Services to you, particularly where such companies play important roles like helping us keep our Service operating and secure. In some other cases, these service providers aren’t strictly necessary for us to provide the Services, but help us make it better, like by helping us conduct research into how we could better serve our users. In these latter cases, we have a legitimate interest in working with service providers to make our Services better.

Business Reorganization

In some cases, Farmish may choose to buy or sell assets. Such transactions may be necessary and in our legitimate interests, particularly our interest in making decisions that enable our business to develop over the long term. In these types of transactions (such as a sale, merger, liquidation, receivership, or transfer of all or substantially all of Farmish’s assets), member information is typically one of the business assets that is transferred. If Farmish intends to transfer information about you, Farmish will notify you by email or by putting a prominent notice on the Site and the App, and you will be afforded an opportunity to opt out before information about you becomes subject to a different privacy policy.

Third Parties

Third-party plug-ins also collect information about your use of the Site. For example, when you load a page on Farmish that has a social plug-in from a third-party site or service, you are also loading content from that third-party site. That site may request cookies directly from your browser. These interactions are subject to the privacy policy of the third-party site. In addition, certain cookies and other similar technologies on the Site are used by third parties for targeted online marketing and other purposes. These technologies allow a partner to recognize your computer or mobile device each time you use the Services. Please be aware that when you use third-party sites or services, their own terms and privacy policies will govern your use of those sites or services. Farmish chooses and manages these third-party technologies placed on its Sites and App. However, these are third-party technologies, and they are subject to that third party’s privacy policy. For more information, see our Cookies & Similar Technologies Policy. We rely on your consent to drop and read these cookies when not technically necessary or when not required based on another purpose such as legitimate interest. 

This policy does not apply to the practices of third parties (such as other users who sell using the Services or certain third-party providers on whom we rely to provide certain services) that Farmish does not own or control or individuals that Farmish does not employ or manage, except as otherwise provided for in the Terms or as required by law. If you provide your information to such third parties in connection with your use of the Services, different practices may apply to the use or disclosure of the information that you provide to them. While Farmish requires these third parties to follow Farmish’s Terms, Farmish does not control the privacy or security policies of such third parties. To the full extent applicable in your jurisdiction, Farmish is not responsible for the privacy or security practices of these sellers or other websites on the internet, even those linked to or from the Services. We encourage you to read the privacy policies and ask questions of third parties before you disclose your personal information to them. For the purposes of European law, these sellers and third party providers are independent controllers of data, which means that they are responsible for providing and complying with their own policies relating to any personal information they obtain in connection with the Services. 

Transfers

The United States, European Economic Area (“EEA”) Member States, and other countries all have different laws. When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live. For example, the circumstances in which law enforcement can access personal information may vary from country to country. In particular, if your information is in the US, it may be accessed by government authorities in accordance with US law.

To the extent that Farmish is deemed to transfer personal information outside of the EEA, we rely separately, alternatively, and independently on the following legal bases to transfer your information: 

Model Clauses

The European Commission has adopted standard contractual clauses (also known as Model Clauses), which provide safeguards for personal information that is transferred outside of Europe. We often use these Model Clauses when transferring personal information outside of Europe. You can request a copy of our Model Clauses by emailing _________Terra@Farmish.com.

Necessary for the Performance of the Contract between Farmish and its Users

Farmish provides a voluntary service; you can choose whether or not to use the Services. As we operate in countries worldwide and use technical infrastructure in the U.S. to deliver the Services to you, in accordance with the contract between us (our User Agreement, we may need to transfer your personal information to the U.S. and to other jurisdictions as necessary to provide the Services. 

Security

The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and after it is received. Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security. 

Your account information is protected by a password. It is important that you protect against unauthorized access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using the Services. If you have any questions about the security of your personal information, you can contact us at Terra@GetFarmish.com. 

Retention

Farmish will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your Farmish account), or as needed to provide the Services to you. If you no longer want Farmish to use your information to provide the Services to you, you may close your account. Farmish will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. In addition, Farmish sellers may also be required to retain and use your information in order to comply with their own legal obligations. Please note that closing your account may not free up your email address, username, or account name (if any) for reuse on a new account. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.

Your Rights & Choices

Certain privacy laws around the world, including the European General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), provide users with rights related to their personal information. Consistent with those laws, Farmish gives you the choice of accessing, editing, or removing certain information, as well as choices about how we contact you. You may change or correct your Farmish account information through your account settings. You may also remove certain optional information that you no longer wish to be publicly visible through the Services, such as your name. You can also request to permanently close your account and delete your personal information. Depending on your location, you may also benefit from a number of rights with respect to your information. While some of these rights apply generally, certain rights apply in limited cases.

  • Right to Access & Portability: You can access certain personal information associated with your account by visiting your user dashboard. You can request a copy of your personal information in an easily accessible format and information explaining how that information is used by emailing Terra@getfarmish.com with “Data Request” in the subject line.
  • Right to Correction: You have the right to request that we rectify inaccurate information about you. By visiting, your user dashboard you can correct and change certain personal information associated with your account.
  • Right to Restrict Processing: In certain cases where we process your information, you may also have the right to restrict or limit the ways in which we use your personal information.
  • Right to Deletion: In certain circumstances, you have the right to request the deletion of your personal information, except information we are required to retain by law, regulation, or to protect the safety, security, and integrity of Farmish by emailing Terra@getfarmish.com with “Data Deletion Request” in the subject line.
  • Right to Object: If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your personal data for direct marketing purposes, you can object using the unsubscribe link in such communications or changing your account email settings. 
  • Right to Withdraw Consent: Where we rely on consent, you can choose to withdraw your consent to our processing of your information using specific features provided to enable you to withdraw consent, like an email unsubscribe link or your account privacy preferences. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you can revoke your consent to the sharing of that information through the settings on your mobile device. This is without prejudice to your right to generally permanently close your account and delete your personal information. 

The CCPA provides California residents with the following additional rights: 

  • Right to Know: California residents may request disclosure of the specific pieces and/or categories of personal information that the business has collected about them, the categories of sources for that personal information, the business or commercial purposes for collecting the information, the categories of personal information that we have disclosed, and the categories of third parties with which the information was shared. 
  • Right to Opt-Out: To the extent that Farmish “sells” personal information (as that term is defined under the CCPA), California residents are entitled to opt-out of the “sale” of data at any time (see below for more information). 

If you would like to manage, change, limit, or delete your personal information, you can do so by visiting, your user dashboard. Alternatively, you can exercise any of the rights above by contacting us via email at terra@getfarmish.com  Once you contact us to exercise any of your rights, we will confirm receipt of your request.

Limiting use of, or deleting, your personal information may impact features and uses that rely on that information. However, we will not discriminate against you for exercising any of your rights, including otherwise denying you goods or services, providing you with a different level or quality of services, or charging you different prices or rates for services. If you need further assistance, you can contact Farmish through one of the channels listed below under “Contact”. We will respond to your request within a reasonable timeframe.

Please note that we may verify your identity before we are able to process any of the requests described in this Section, and in our discretion, deny your request if we are unable to verify your identity. As a part of this process, government or other identification may be required. You may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government issued identification, and the authorized agent’s valid government issued identification, and we may verify the authenticity of the request directly with you.

Email & Messages

You may also control the receipt of certain types of communications from Farmish in your account settings. Farmish may send you messages about the Services or your activity. Some of these messages are required, service-related messages for users (such as transactional messages or legal notices). Other messages are not required, such as newsletters. You can control which optional messages you choose to receive by changing your account settings, and you can learn more in the “Messages from Farmish” Section of this policy. If you no longer wish to use the Services or receive service-related messages (except for legally required notices), then you may close your account.

Farmish Cookies & Similar Technologies Policy

We use both technically necessary (for the functioning and security of the Services) and non-technically necessary cookies and similar technologies.

Types of Cookie Technologies

Cookies are small data files sent from a server to your web browser. They are stored in your browser’s cache and allow a website or a third party to recognize your browser. There are three primary types of cookies:

  • Session cookies are specific to a particular visit and carry information as you view different pages so you don’t have to re-enter information every time you change pages or attempt to checkout. Session cookies expire and delete themselves automatically in a short period of time like after you leave the Site or when you close your web browser.
  • Persistent cookies remember certain information about your preferences for viewing the site, and allow Farmish to recognize you each time you return. Persistent cookies are stored on your browser cache or mobile device until you choose to delete them, and otherwise typically delete themselves at expiration.
  • Third-party cookies are placed by someone other than Farmish and may gather browsing activity across multiple websites and across multiple sessions. They are usually a type of persistent cookie and are stored until you delete them, or they expire based on the time period set in each third-party cookie. 

Cookies store data about your use, but they are helpful because they allow us to help Farmish function and customize your experience. You can configure your desktop or mobile browser’s settings to reflect your preference to accept or reject cookies, including how to handle third-party cookies (see Managing Your Cookie Technology Preferences, below). 

In addition to cookies, there are other similar technologies used by Farmish and elsewhere on the web or in mobile ecosystems. 

  • Web beacons: These are tiny graphics (sometimes called “clear GIFs” or “web pixels”) with a unique identifier that are used to understand browsing activity. In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are rendered invisibly on web pages when you open a page.
  • Social widgets: These are buttons or icons provided by third-party social media providers that allow you to interact with those social media services when you view a web page or a mobile app screen. These social widgets may collect browsing data, which may be received by the third party that provided the widget, and are controlled by the third parties. 
  • UTM codes: These are strings that can appear in a URL (the “Uniform Resource Locator,” which is typically the http or https address entered to go to a web page) when a user moves from one web page or website to another, where the string can represent information about browsing, such as which advertisement, page, or publisher sent the user to the receiving website. 
  • Application SDKs: These are mobile application third-party software development kits that are embedded in the App (and are used in many mobile applications). These app SDKs permit the collection of information about the app itself, activity in the app, and the device the application is running on.
  • Local Storage Objects: These are sets of data that can be stored on your browser by a site or app. They can be used to maintain preferences, a history of usage, or even the state or settings of a site or an app.
  • Internet of Things identifiers: Like mobile identifiers, internet-connected devices such as voice activated assistants or smart TVs may send identifiers and other data analogous to web browsers or mobile SDKs.

Purposes

Farmish uses Cookie Technologies to recognize your logged-in state on Farmish, to understand what purchases users and visitors are interested in, to make Farmish’s Sites function for you, and to help your browsing experience and use of the Site, Services, and App feel more customized. More generally, Farmish uses Cookie Technologies for the following:

  • Security and Authentication (Strictly Necessary): Some cookie and similar technology functions are necessary and vital to ensuring that Farmish works properly for visitors and users, such as maintaining the security, safety, and integrity of the Site, authentication and logging into Farmish (including remembering permissions and consents you have granted) and ensuring the ability to securely complete transactions.
  • Account and User Preferences: Some technologies are used to remember your account and preferences over time, such as keeping yourself logged in when returning to Farmish, maintaining your choices on Farmish features and how you want Farmish to appear (including keeping track of your preferred language and country), and customizing content based on how you use Farmish.
  • Social Networks: Some technologies help you to interact with social networks you are signed into while using the Services, such as sharing content with the social network, logging in with the social network, and other features you employ with the social network, or that are allowed in the social network’s privacy policy. These may be set and controlled by the social networks, and your preferences with those social networks. Social networks may also work with Farmish or with you for analytics or for marketing purposes, as discussed below. You may be able to manage your privacy preferences for these social networks and their tools and widgets via your account with the social network. 
  • Performance and Analytics: Some technologies help provide performance data on how the Services are functioning in order to improve Farmish and the Services, including, for example, data on site and app functionality and speed to help us optimize Farmish, how the Services are used to help us improve your experience on Farmish, and detecting and gathering reporting on bugs to help make Farmish work better. In addition, Farmish may employ transient technologies, including cookies or local stored objects, for site performance, experiments, form information, and interactions with the site, and may use temporary, short-term cookies for limited-time site events such as sales and promotions. The Site employs Google Analytics to help understand how Farmish is used by its community. For some of the advertising features listed below, like retargeting, data from Google Analytics may be combined with Farmish’s first-party data and third-party cookies (like Google’s advertising cookies) as permitted by Google’s and Farmish’s respective policies. To see how to opt-out of Google Analytics Advertising Features, see Managing your Cookie Technology Preferences at the bottom of this policy. 
  • Marketing Services: Farmish partners with third-party service providers that may use various Cookie Technologies to permit us and them to learn about which ads you see and click when you visit Farmish, the Apps, and affiliated sites or to show you ads on and off Farmish. These may include things such as:
    • Frequency capping, which limits the number of times a user’s browser or mobile device displays the same ad;
    • Attribution tracking, which estimates which advertising or marketing source brought someone to Farmish, or determines which marketing source led to actions like a visit or a purchase;
    • Remarketing and retargeting, which shows relevant ads to an audience based on prior shopping and browsing patterns on Farmish;
    • Audience targeting, which refers to targeting advertisements to a large audience based on the audience’s known or inferred demographics; and
    • Cross-device recognition, which recognizes actions across multiple devices or browsers.

Some third-party service providers may provide information like demographics, cross-device information, or interest categories from a combination of sources that, while not identifying you personally, permit us to provide you with more relevant and useful advertising. In some cases, this information may have non-marketing performance analytics uses as well. These technologies allow a partner to recognize your computer, mobile device or network device (like an IoT device such as a voice-activated assistant or smart TV), each time you visit Farmish or other websites and mobile applications based on data like a cookie, your IP address, or device ID, but do not allow access to other personal information from Farmish. However, these technologies may allow us or a third party to recognize you, either from a single device or across devices, over time. These third parties are required to follow applicable laws, self-regulatory programs, and Farmish’s data protection rules where applicable. Farmish does not have control over these third parties, who each have their own privacy policies and privacy practices. 

Services in the Apps (SDKs)

The Apps may include third-party application software development kits (“SDKs”) that provide mobile performance and analytics data, bug reporting features, and application program interfaces (“APIs”) to third parties that help provide the Services, for social media functionality, and for marketing and advertising.

Consent, Contract, and Legitimate Interests in Processing

Certain Cookie Technologies are employed to make the Site function for its intended purpose, and are provided based on contractual necessity based on your agreement with Farmish to perform the services you have requested. These include the functions strictly necessary to the service noted above. 

Managing Your Cookie Technology Preferences

You have the ability to control the use of certain Cookie Technologies. You can opt out of third party marketing cookies and similar technologies via by visiting your device settings. You can also manage your Farmish marketing preferences in your account by visiting your user dashboard. 

In addition, when you use Farmish via a browser, you can change your web browser’s settings to reflect your cookie preferences. Each browser is a little different, but usually these settings are under the “options” or “preferences” menu. 

If you do not wish to have this information used for the purpose of serving you interest-based advertisements, you may exercise your preferences as described below. Please note this does not stop you from being served advertisements. You will continue to receive generic advertisements. If you reject or block all cookies in your browser settings, you will not be able to take advantage of Farmish’s Services as some cookies are necessary for the Site to function properly.

You can learn more about managing your preferences for ads online, particularly for many third-party advertising networks, through resources made available by the Digital Advertising Alliance or the Network Advertising Initiative or if you are located in the European Union click here.

For Google Analytics Advertising Features, you can opt-out through Google Ads Settings, Ad Settings for mobile apps, or any other available means (for example, the NAI’s consumer opt-out listed above). Google also provides a Google Analytics opt-out plug-in for the web.

Various third parties provide browser plug-ins and apps that can help provide you information on and limit or block third-party cookies, web beacons, and some Javascript-based technologies. Farmish cannot vouch for the efficacy of a particular third-party product, but there are many popular products that provide these privacy enhancements.

Both Google and Facebook provide tools to control use of advertising on their respective platforms, including advertising on and with Farmish. More information can be found in your account settings on the respective platforms, including in Google’s Privacy Center and in Facebook’s Ad Settings.

If you access Farmish through the Apps, you may also control interest-based advertising on an iOS or Android device by selecting the “Limit Ad Tracking” option in the privacy section of the Settings App on iOS or via advertising preferences on Android-based devices (usually in the Google Settings app). This will not prevent you from seeing advertisements but will limit the use of device advertising identifiers to personalize ads based on your interests.

For third party IoT devices such as voice activated assistants or smart TVs, consult with the manufacturer and/or service provider for the opt out mechanism for their respective devices and services. 

Additional Disclosures for California Residents

Notice of Collection

In addition to the Rights & Choices described above, the CCPA requires disclosure of the categories of personal information collected over the past 12 months. While this information is provided in greater detail in the “Information Collected or Received Section above, the categories of personal information that we have collected – as described by the CCPA – are:

  • Identifiers, including name, email address, shop name, IP address, and an ID or number assigned to your account.
  • Other individual records such as phone number or address. This category includes personal information protected under pre-existing California law (Cal. Civ. Code 1798.80(e)), and overlaps with other categories listed here.
  • Demographics, such as your age or gender, or, where you have provided such information to Farmish voluntarily, demographic information about your race, ethnicity, sexual orientation, or gender identity, provided in relation to specific marketing and advocacy projects and campaigns. This category includes data that may qualify as protected classifications under other California or federal laws.
  • Commercial information, including purchases and engagement with the Services.
  • Internet activity, including your interactions with our Services and what led you to our Services.
  • Sensory visual data, such as pictures posted on our Service.
  • Geolocation data provided through location enabled services such as WiFi and GPS.
  • Inferences, including information about your interests, preferences and favorites.

The Purposes for Our Collection

We collect and use these categories of personal information for our business and commercial purposes described in the “Information Uses, Sharing and Disclosure” Section above, including providing and improving the Services, maintaining the safety and security of the Services, processing purchase and sale transactions, and for advertising and marketing services.

Third Party Marketing and Advertising and Your Rights (Opt-Out of “Sale”)

Farmish does not sell personal information to third parties for monetary value. However, the term “sale” is defined broadly under the California Consumer Privacy Act. To the extent that “sale” under the CCPA is interpreted to include interest based advertising or other data uses described in the “Information Uses, Sharing and Disclosure” Section above, we will comply with applicable law as to those activities. 

Do Not Track Signals

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.

Shine the Light

California law entitles residents to ask for a notice describing what categories of personal information we share with third parties for their own direct marketing purposes. Other than to Sellers on Farmish (see “Buying and Selling” under the “Information Uses, Sharing and Disclosure” Section above), who must obtain your separate consent for their own marketing off of Farmish, or unless you request us to or consent to it, Farmish does not share any personal information to third parties for their own direct marketing purposes. If you have questions about these practices, you can contact us through one of the channels listed in the “Contact” Section below. 

Accessibility

If you have a disability and would like to access this policy in an alternative format, please contact us using one of the channels listed in the “Contact” section below.

Privacy Policy Changes

We may amend or update this policy from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (i) posting the changes on or through the Services, (ii) sending you an email or message about the changes, or (iii) posting an update in the version notes on the App’s platform. We encourage you to check back regularly and review any updates. 

Contact

If you have any questions: 

Contact Farmish’s Support team at support@getfarmish.com

Send an email to Farmish’s Data Protection Officer at terra@getfarmish.com

Write to us at the following address:

Farmish Support Team – Privacy Policy

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, you please contact us with the contact information provided above.

If you live in the EEA, you may also file a complaint with your local data protection regulator.