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Privacy Policy

Effective Date: September 30, 2021

This Privacy Policy (“Privacy Policy”) describes how Cubed Laboratories, LLC and our subsidiaries and affiliates (collectively, “Cubed Laboratories,” “us,” “we,” or “our”) collect, use and share your personal information in connection with our website at www.cubedlabs.com and any other website that we operate that links to this Privacy Policy (collectively, the “Site”), our mobile applications (collectively, the “App”), our email communications, and our related products, services, and offerings (collectively, the “Platform”).

We reserve the right, at any time, to modify this Privacy Policy. If we make revisions that change the way we collect, use, or share personal information, we will post those changes in this Privacy Policy. You should review this Privacy Policy periodically so that you keep up to date on our most current policies and practices. We will note the effective date of the latest version of our Privacy Policy at the top of this Privacy Policy. Your continued use of the Platform following posting of changes constitutes your acceptance of such changes.

1. COLLECTION OF PERSONAL INFORMATION

1.1. Personal Information You Provide to Us. Personal information you may provide to us through the Platform or otherwise includes:

  • Contact information, such as your first and last name, email address, phone number, postal address, organization, and job title.
  • Account information, such as your username, password, settings, and information about your business/operations (such as type and size of facility, type of crop grown, etc.).
  • Images that you upload or submit to the Platform, such as from your mobile phone or from a linked camera.
  • Communications, such as messages that you send or receive via the Platform and communications that we exchange, including when you contact us with questions, feedback, or otherwise.
  • Transaction information, such as your payment card number or bank account details, billing/shipping address, order details, and information about your previous orders and purchases.
  • Marketing information, such as your preferences for receiving communications about our products, services, and publications, and details about how you engage with our communications.
  • Other information that we may collect which is not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

1.2. Personal Information from Third Parties. We may obtain personal information from other sources, such as your organization, public sources (i.e., professional and social media profiles), and our business partners (i.e., joint marketing partners, event co-sponsors, or data providers).

In addition, if you request to connect the Platform with a third-party platform or service, we may receive personal information that platform or service provides to us in order to carry out the purpose of the connection.

1.3. Personal Information Collected Automatically. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your activity over time on our Platform and other sites and online services, such as:

  • Device data, such as your computer or mobile device operating system type and version number, manufacturer and model, browser type, screen resolution, IP address, unique identifiers, the website you visited before browsing to our website, and general location information such as city, state or geographic area.
  • Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access.
  • Geolocation data, which we will collect if you authorize us to collect it when using the App and/or via your mobile device settings.

Like many online services, we may use the following technologies to facilitate the automatic data collected described above:

  • Cookies, which are text files that websites store on a visitor‘s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating online advertising.
  • Flash cookies, or locally-stored objects, which are used on websites for purposes similar to cookies but allow storage of a larger amount of data.
  • Web beacons, also known as pixel tags or clear GIFs, which are typically used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked, typically to compile statistics about usage of websites and the success of marketing campaigns.
  • Software development kits, or SDKs, which are third-party computer codes used in connection with the App for a variety purposes, including to provide analytics regarding the use of the App or to add features or functionality to the App. SDKs may enable third parties to collect information directly via the App.

1.4. Personal Information About Others. You may have the opportunity to refer colleagues or other connections to us and share their contact information with us. Please do not refer someone to us or share their personal information with us unless you have their permission to do so.

2. USE OF PERSONAL INFORMATION

We may use your personal information as described in this Privacy Policy or at the time of collection, including the following:

2.1. To Provide the Platform and Our Products and Services. For example, we may use your personal information to:

  • provide you with the content, features, products, and services that you request;
  • set up, maintain, and monitor your account on the Platform;
  • process your transactions and fulfill and monitor your orders;
  • communicate with you about the Platform (including by sending announcements, updates, security alerts, and support and administrative messages);
  • understand your interests, personalize your experience on the Platform, and deliver information about products and services relevant to your interests; and
  • respond to your inquiries and requests for customer support, including to investigate and address your concerns and monitor and improve our responses.

2.2. For Research and Development.. We use personal information to understand and analyze the usage trends and preferences of our users to make our Platform and other offerings better, diagnose technical issues, and develop new features and functionality. As part of these activities, we may create aggregated, de-identified or other anonymous data from personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Platform and promote our business.

2.3. Direct Marketing.We may send you Cubed Laboratories-related or other direct marketing communications as permitted by law. You may opt-out of our marketing communications as described in the “Opt-out of Marketing Communications” section below.

2.4. Advertising and Promotions.. We and our business partners may use your personal information for advertising and promotional purposes, including to deliver information that we or they believe may be of interest to you. We may also work with third-party advertising companies and social media companies to help us advertise the Platform and our business. These companies may use cookies and similar technologies to collect information about you (including the device data and online activity data described above) over time on our Platform and across other sites and services, and use that information to serve ads that they think will interest you and/or use hashed customer lists that we share with them to deliver ads to you and to similar users on their platforms. You can learn more about your choices for limiting interest-based advertising, in the “Advertising Choices” section below.

2.5. For Compliance and ProtectionWe may use your personal information to:

  • comply with applicable laws, lawful requests, and legal process (such as to respond to requests from government authorities);
  • maintain the safety, security, and integrity of our Platform, products and services, business, databases and other technology assets;
  • protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
  • audit our internal processes for compliance with legal and contractual requirements and internal policies;
  • enforce the terms and conditions that govern the Platform and the products and services that we provide; and
  • prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.
3. SHARING OF PERSONAL INFORMATION

We may share your personal information as described in this Privacy Policy or at the time of collection, including to the following categories of third parties:

3.1. Service Providers. We share personal information with entities and individuals who perform functions on our behalf or help us run our business and the Platform, such as website hosting, maintenance services, database management, email and SMS services, web analytics, billing, payment processing, shipping, marketing, and other purposes.

3.2. Related Companies.We may share your personal information with companies that are affiliated with us (that is, that control, are controlled by, or are under common control with us).

3.3. Business Transaction Participants.If we sell all or part of its business or make a sale or transfer of assets or are otherwise involved in a corporate divestiture, merger, consolidation, acquisition, reorganization, sale, spin-off, or other disposition of all or any portion of the business or assets of, or equity interests in, Cubed Laboratories or our affiliates (including, in connection with a bankruptcy or similar proceedings), we may transfer your personal information to a third party as part of that transaction, including at the negotiation stage.

3.4. Law Enforcement, Government Authorities, and Others.We may disclose your personal information to law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate to comply with law or for the compliance and protection purposes described above.

3.5. Business Partners. We may share your personal information with our business partners, such as our resellers, distributors, joint marketing partners, event co-sponsors, and industry partners, for the purposes described in this Privacy Policy. We may also share your personal information with the advertising companies and social media companies we work with for the advertising and promotional purposes described above.

3.6. Professional Advisors. We may disclose your personal information to our professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

4. SECURITY OF PERSONAL INFORMATION

No method of transmission over the Internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your personal information from the risks presented by unauthorized access or acquisition, we cannot guarantee the security of your personal information.

5. YOUR CHOICES

You can make the following choices with respect to your personal information:

5.1. Access or Update Your Personal Information. You may review and update certain account information by logging into your account.

5.2. Opt-out of Marketing Communications. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us at hello@cubedlabs.com. You may continue to receive service-related and other non-marketing emails.

5.3. Text Messages.We may offer communications via SMS texts or similar technology sent by Cubed Laboratories or our service providers, such as when we send you text messages for customer service, order reminders, or marketing purposes. Message and data rates may apply for this service. You can request to opt-out of SMS texts by following the instructions for the applicable texting program you enroll in or by emailing us your request and mobile telephone number to hello@cubedlabs.com.

5.4. Cookies.Most browsers let you remove and/or stop accepting cookies from the websites you visit. To do this, follow the instructions in your browser’s settings. Many browsers accept cookies by default until you change your settings. If you do not accept cookies, however, you may not be able to use all functionality of the Platform and our Sites may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org.

5.5. Advertising Choices.Some of our advertising partners are members of the Network Advertising Initiative (NAI) and are subject to the Self-Regulatory Principles for Online Behavioral Advertising published by the Digital Advertising Alliance (DAA). You can obtain more information about these companies’ information collection practices and opt-out of receiving interest-based advertising from participating NAI and DAA members at http://www.networkadvertising.org/managing/opt_out.asp and/or the DAA’s website at optout.aboutads.info. Please note that we also may work with companies that offer their own opt-out mechanisms or do not participate in the opt-out mechanisms described above, so even after using these opt-out mechanism you may still receive interest-based advertising from other companies. You can also limit collection of your information for interest-based ads by blocking third party cookies in your browser settings or using privacy plug-ins or ad blocking software that help you block third party cookies. In addition, your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for targeted online advertising purposes. If you opt-out of interest-based advertisements, you will still see advertisements online but they may be less relevant to you.

5.6. Do Not Track.Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

5.7. Declining to Provide Information. We need to collect personal information to provide certain services. If you do not provide the information requested, we may not be able to provide those services.

6. INTERNATIONAL TRANSFER

Cubed Laboratories is headquartered in the United States of America. If you are from a country outside of the United States of America with laws governing data collection, use, and disclosure that may differ from U.S. law and you provide personal information to us, please note that any personal information that you provide to us may be transferred to the United States of America. By providing your personal information, where applicable law permits, you hereby specifically and expressly consent to such transfer and processing and the collection, use, and disclosure set forth herein or in any applicable terms of service.

7. OTHER SITES AND SERVICES

Our Platform may contain links to websites, mobile applications or other online services operated by third parties. When you click on such a link, you will leave our Platform and third parties may collect your personal information. In addition, our content may be included on other online services that are not associated with us. We have no control over, do not review, and are not responsible for, these third party online services or for their content or actions. Other online services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of other online services that you visit or use. The links to third party online services are for your convenience and do not signify our endorsement of, or affiliation with, any third party or its services.

8. NOTICE FOR CALIFORNIA RESIDENTS

Under California Civil Code sections 1798.83-1798.84, California residents who have an established business relationship with Cubed Laboratories are entitled to ask us once a year for information regarding the personal information we have shared, if any, with third parties for their direct marketing purposes. If you are a California resident and would like to submit such a request, please submit your request in writing to the email address listed in the section titled “CONTACTING US” below with “Shine the Light” in the subject line. The request must include your name, street address, city, state, and ZIP code and an attestation that you are a California resident. We are not responsible for requests that are not labeled or sent properly, or that do not have complete information.

9. CONTACTING US

You can contact us via email at hello@cubedlabs.com or by writing to us at the address below:

Cubed Laboratories, LLC

Attn: Legal – Privacy

1090 Center Dr.

Park City, Utah 84098