Privacy Policy

Privacy Statement

In short:

• You keep ownership of the data entered into PlantDemand.
• Your confidential data is not sold to third-parties or made accessible to your competitors.

For the long version, please see below.

Your right to privacy is important. At PlantDemand we believe that personal information you choose to furnish online should only be used to help us provide you with the highest quality of products, services and support. We display this Privacy Statement to make you aware of the information practices for PlantDemand websites, including what type of information is gathered and tracked, how the information is used, and with whom the information is shared. We may update our Privacy Statement from time to time to stay current with changes in our business and to better serve you. We encourage you to visit this page frequently to inform yourself of any changes.

This Privacy Statement covers PlantDemand’s services, which include:

• https://www.PlantDemand.com and all sub-domains.
• The PlantDemand Mobile Applications

These web services are operated by MeSch Software U.G. from its facilities in the Munich, Germany. We encourage you to read this privacy policy and those of all websites you visit.

Consent to Use and Transfer Personal Data

Please note that if you submit personal data through the PlantDemand websites, you will send it to us (MeSch Software U.G.), in Germany.  We will collect, process and transfer your personal data in accordance with this Data Privacy Statement but possibly not in accordance with the laws of the jurisdiction in which your reside.  By submitting your personal data through a PlantDemand website you consent to PlantDemand’s collection, use, storage and transfer of your personal data to our company databases and other repositories, wherever located, for the purposes for which it is submitted and in accordance with the policies set forth in this Privacy Statement.

Types of Personal Data Collected Online

You can browse most of our web sites without entering any personal information. Only general, non-personally identifiable information that PlantDemand logs from all site visits, such as Internet service provider, operating system/browser type, and pages accessed, will be collected in those instances. This means that a user’s session will be tracked, but the user will not be individually identified.

There are times, however, when we may need information from you.

For example, you may choose to give us personal information when you:

• Access or register for access on some of our websites, for example, https://plantdemand.com
• Purchase products or services
• Request Help
• Register as a user of PlantDemand products
• Make requests for materials, customer and other services, and product support, repairs and upgrades
• Subscribe to newsletters and online services
• Enter PlantDemand-sponsored contests, sweepstakes, surveys, and other promotions
• Create a user profile to receive future information, special offers and communications.
• Apply to be considered for employment in connection with a job opening at PlantDemand.
• Register for a PlantDemand User Training or Conference

At such times you may be asked to provide contact and billing information (e.g., your name, address, telephone number, email address, credit card number and expiration date), as well as information about the product or service purchased. Demographic or other personal information may also be requested, however, volunteering such information is optional. By providing the information to PlantDemand you consent to our transfer of this information to our company databases and other repositories, wherever located.

Use of Personal Data

PlantDemand uses personal information collected on its websites for the purposes for which it is requested or as necessary or permissible under applicable law (e.g., in some jurisdictions we may have to keep invoices under tax laws).  We also may use the information you provide to notify you later about new developments with respect to the products and services you have purchased or to inform you about new products, special offers and services offered by PlantDemand.  PlantDemand may contact you through telephone or email for other various communications.  It is important to note that you may opt out of receiving further information from PlantDemand, as discussed in detail below. We use non-personal information to analyze sales trend data as it relates to geography, time and demographics.

In connection with a job application or inquiry advertised on a PlantDemand Website, you may provide us with information about yourself, such as a resume or curriculum vitae.  We may use this information throughout PlantDemand and the MeSch Software U.G. companies for the purpose of employment consideration or your inquiry. Except where you tell us not to, we will keep the information for future consideration.

Specific uses of personal information that vary from this Privacy Policy (if any) may be found in the Terms of Use or Terms of Service or privacy policies applicable to a particular service, contest or promotion. To the extent that you are notified of potential uses of your personal information that are different from those described in this Privacy Policy during your service agreement with us or enrollment in a particular contest or promotion, the uses of information set forth in that agreement, contest or promotion will supersede this Privacy Policy. Please review carefully the Terms of Use, Terms of Service and privacy policies applicable to the service(s) that you have purchased or the contests or promotions for which you sign-up or in which you participate.

Credentials

You must ensure that all Authorized Users keep their user IDs and passwords for the Hosted Services strictly confidential and not share such information with any unauthorized person. User IDs are granted to individual, named persons and may not be shared. You are responsible for any and all actions taken using your accounts and passwords, and you agree to immediately notify PlantDemand of any unauthorized use of which you become aware.

Your Data

“Your Data” means any data, content, code, video, images or other materials of any type that you upload, submit or otherwise transmit to or through Hosted Services. You will retain all right, title and interest in and to Your Data in the form provided to PlantDemand. Subject to the terms of this Agreement and solely to the extent necessary to provide the applicable Hosted Service to you, you hereby grant to PlantDemand a non-exclusive, worldwide, royalty-free right to (a) collect, use, copy, store, transmit, modify and create derivative works of Your Data, in and (b) for Hosted Services that enable you to share Your Data or interact with other people, to distribute and publicly perform and display Your Data as you (or your Authorized Users) direct or enable through the Hosted Service. PlantDemand may also access your account or instance in order to assist with on-boarding or to respond to your support requests.

Security

PlantDemand implements security procedures to help protect Your Data from security attacks. However, you understand that use of the Hosted Services necessarily involves transmission of Your Data over networks that are not owned, operated or controlled by us, and we are not responsible for any of Your Data lost, altered, intercepted or stored across such networks. We cannot guarantee that our security procedures will be error-free, that transmissions of Your Data will always be secure or that unauthorized third parties will never be able to defeat our security measures or those of our third party service providers.

Storage Limits

There are currently not storage limits associated with a particular Hosted Service. We may – and reserve the right to – impose new, or may modify existing, storage limits for the Hosted Services at any time in our discretion, with or without notice to you.

Responsibility for Your Data

General

You must ensure that your use of Hosted Services and all Your Data is at all times compliant with our Terms and Conditions and all applicable local, state, federal and international laws and regulations (“Laws”). You represent and warrant that: (i) you have obtained all necessary rights, releases and permissions to provide all Your Data to PlantDemand and to grant the rights granted to PlantDemand in this Agreement and (ii) Your Data and its transfer to and use by PlantDemand as authorized by you under this Agreement do not violate any Laws (including without limitation those relating to export control and electronic communications) or rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies. Other than its security obligations under the “Security” section, PlantDemand assumes no responsibility or liability for Your Data, and you shall be solely responsible for Your Data and the consequences of using, disclosing, storing, or transmitting it.

Sensitive Personal Data

You will not submit to the Hosted Services (or use the Hosted Services to collect): (i) any personally identifiable information, except as necessary for the establishment of your PlantDemand account; (ii) any patient, medical or other protected health information regulated by HIPAA or any similar federal or state laws, rules or regulations; or (iii) any other information subject to regulation or protection under specific laws such as the Gramm-Leach-Bliley Act (or related rules or regulations) ((i) through (iii), collectively, “Sensitive Data”). You also acknowledge that PlantDemand is not acting as your Business Associate or subcontractor (as such terms are defined and used in HIPAA) and that the Hosted Services are not HIPAA compliant. “HIPAA” means the Health Insurance Portability and Accountability Act, as amended and supplemented. Notwithstanding any other provision to the contrary, MeSch Software UG has no liability under this Agreement for Sensitive Data.

Indemnity for Your Data

You will defend, indemnify and hold harmless PlantDemand from and against any loss, cost, liability or damage, including attorneys’ fees, for which PlantDemnad becomes liable arising from or relating to any claim relating to Your Data, including but not limited to any claim brought by a third party alleging that Your Data, or your use of the Hosted Services in breach of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law. This indemnification obligation is subject to your receiving (i) prompt written notice of such claim (but in any event notice in sufficient time for you to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defense, or settlement of such claim; and (iii) all reasonable necessary cooperation of PlantDemand at your expense.

Removals and Suspension

PlantDemand has no obligation to monitor any content uploaded to the Hosted Services. Nonetheless, if we deem such action necessary based on your violation of this Agreement or in response to takedown requests that we receive via a help ticket or through direct email, we may (1) remove Your Data from the Hosted Services or (2) suspend your access to the Hosted Services. We will generally alert you when we take such action and give you a reasonable opportunity to cure your breach, but if we determine that your actions endanger the operation of the Hosted Service or other users, we may suspend your access immediately without notice. You will continue to be charged for the Hosted Service during any suspension period. We have no liability to you for removing or deleting Your Data from or suspending your access to any Hosted Services as described in this section.

Deletion at End of Subscription Term

We may remove or delete Your Data within a reasonable period of time after the termination of your Subscription Term.

With Whom We Share Information

In the ordinary course of business PlantDemand will not sell, trade or rent Your Data with others absent your consent to do so. PlantDemand may share Your Data with PlantDemand partners or software referral partners and as described below:

• Affiliated Companies and Business Partners. We work together with affiliated companies and business partners who are acting on our behalf for the uses described above. For example, an external service provider listed below may host or operate an online PlantDemand service. When an affiliated company or one of our business partners is involved in a transaction with you, we may share personal identifying information related to this transaction.
• PlantDemand Referral Partners. We work with and through members of our distribution channel to provide customers and potential customers with product information and customer service. For example, PlantDemand may forward the contact information of a potential or new customer to a PlantDemand-authorized dealer or marketer to respond to a customer inquiry about PlantDemand products. Or PlantDemand may forward such contact information to enable a PlantDemand-authorized dealer to furnish customers with a product update information. PlantDemand requires that its dealers and distributors keep confidential any personal data of customers or potential customers disclosed to them.
• Mergers and Reorganizations. In the event of a corporate reorganization, such as a merger, acquisition or sale, partnership, referral program, or transfer of assets by PlantDemand outside the normal course of business, customer information may be transferred to third parties.
• Other Situations. Finally, PlantDemand may release personal identifying information when we believe, in good faith, that such release is reasonably necessary to (i) comply with law, (ii) enforce or apply the terms of our user agreements (e.g., PlantDemand website Terms of Use), or (iii) to protect the rights, property or safety of PlantDemand, our website users, or others.

External Service Providers

The following external service providers collect information through our websites:

• MeSch Software Inc. – US distributor affiliate of PlantDemand and MeSch Software U.G.
• Amazon Web Services – For IT Solutions
• Stripe and TransferWise- For payment processing
• Mouseflow – to track site improvements
• Google Analytics
• Google Analytics is a website statistics service that PlantDemand uses to track our site activity including traffic sources, visitors’ information, their activity and sales. This helps us in understanding our audience and improving the customer experience on our sites. For further information about Google Analytics data privacy practices, please view its privacy policy at http://www.google.com/intl/en/policies/privacy/

Links

Please note that our websites contain links to other sites. When you access a third party’s website, even one that may contain the PlantDemand logo and content regarding PlantDemand’s products and services, please understand that the website is independent of PlantDemand. We do not control the privacy policies of any third party sites. If you click-through a banner ad or link to a third party site and submit your information, you will be subject to the privacy policies of those third parties. Also, other third party websites may discuss, promote, or link to PlantDemand.  We assume no responsibility or liability for any third party policies or the actions of third parties. A link to a third-party website is not an endorsement.

Choice

PlantDemand will not share personal identifying information provided to us online except as stated above without allowing you the opportunity of consenting to or opting out of such disclosures. All unsolicited email marketing and promotional communications contain an opportunity for you to decline future communications. Additionally, at any time you can opt-out of receiving such further information from PlantDemand by sending your opt-out request to privacy@PlantDemand.com. PlantDemand will use its best efforts to comply promptly with all such requests.

Cookies and Options for Controlling Use of Your Personal Information

Cookies are small pieces of information stored through your browser on your computer’s hard drive. Some PlantDemand pages use cookies, sent by PlantDemand or its third-party agents, to better serve you when you return to the site. If you prefer not to receive cookies you have the option of setting your browser to warn you before accepting cookies or to reject them altogether. If you do so, however, some areas of some sites may not function properly.

You should be aware that if you voluntarily disclose personal information online in a public area, such information can be collected and used by others. We do not control the actions of our visitors and registered users. If you disclose personal information in a review, bulletin board or any other publicly accessible portion of a PlantDemand website, you do so at your own risk and you understand that your submitted information may be collected and used by others to send you unsolicited messages or advertisements, or for other purposes. Please remember that protection of your privacy begins with you. You are solely responsible for maintaining the secrecy of any password you use, and you should always be careful and responsible whenever disclosing information online. Although we will use commercially reasonable efforts to safeguard the privacy of your personal information, transmissions made by means of the Internet cannot be made absolutely secure. PlantDemand assumes no liability for the disclosure of data due to errors in transmission or actions of unauthorized third parties. PlantDemand cannot ensure or warrant the security of any information you transmit to us or from our services.

How You Can Access Or Correct Your Information

You can access or ask for corrections of your personally identifiable information that we collect and maintain in retrievable form by following this procedure:

1. Contact PlantDemand’s Privacy Program Manager at privacy@PlantDemand.com for general requests, or to PlantDemand’s Human Resources Department at HR_HELP@PlantDemand.com for requests related to online resume submissions, by sending a detailed message explaining your request including:
   • • Full contact information (your name, street address, e-mail address, telephone number)
     • Details of the request (e.g. change of e-mail address, unsubscribe from a newsletter, review of personal information, etc.). Please be very specific about the concerns that led to your request.
2. To protect your privacy and security, we will take reasonable steps to verify your identity before granting access to information or making corrections.
3. We do not place frequency or fee limits on your ability to access your information, however we reserve the right to decline unreasonable requests for information access and correction. If this right is exercised, we will inform you about the reasons for which your request is declined and explain to you a dispute resolution process should you wish to use it.
4. If the information to which access is requested is not maintained in retrievable form, we will explain why access cannot be provided and how this type of information is collected and used.
5. If the information to which access is requested is maintained in retrievable form, we will respond to your request within ten working days. Access to the information will be provided in the form of disclosure and will not involve your direct access to our data repositories, on-line or off-line.

How to Contact Us

If you have requests or questions in connection with this Privacy Statement you may contact us at privacy@PlantDemand.com.

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