Welcome to Tend.com ("Tend" "we" or "us"). At Tend we are committed to protecting your privacy. We have created this privacy policy (the "Privacy Policy") to make sure you know what information we collect, how we use it, and how you can manage it. By using the Tend.com and app-v2.tend.com websites (collectively, the "Site"), you consent to the collection, storage, disclosure, and use of your information as we have outlined in this Privacy Policy, and you agree to its terms and conditions. Because your privacy matters to us, please take your time reviewing this Privacy Policy. We also encourage you to review our Terms of Use because it contains important limitations on our liability to you.
This Privacy Policy applies to the farms (the “Farms”) which are using the Tend Farming Platform (as described on the Site), to those members of the farming community and other persons who are interested in the Tend mission (the “Farming Community”) who have a direct relationship with Tend by establishing an Account with Tend (an “Account”), and to those customers of the Farms (the “Farm Customers”) who are purchasing products from the Farms by using either (i) the store built and managed by Tend and powered by Square (the “Tend Store”) or (ii) the Shopify Store (the “Shopify Store”). The Tend Store and the Shopify Store are collectively referred to herein as the “Tend Platform Farm Store”. The “Tend Platform” means the Tend website and mobile applications, Tend Software, Tend Content, the Tend Platform Farm Store, and all other tools, applications, documentation, and services as may be provided by Tend from time to time. All terms not defined herein shall have the definitions given to them in the Tend Terms of Use. If you do not agree with any provision of this Privacy Policy, please do not use the Site or submit your information to us.
If you have questions about our Privacy Policy, please contact us using the information at Contact Us below. You may use the following links to navigate our Privacy Policy and learn more about our privacy practices:
Depending on how you use the Site, we may collect different kinds of information from or about you:
Information you provided: We collect the information that you provide when you use the Site, including when you create an Account with Tend, participate in the Farming Community, participate in a free trial, survey, contest or other promotion, register for our newsletter, attend webinars and events, provide us with feedback or comments, or request information or assistance from us. If you purchase a product from the Tend Platform Farm Store, Square or Shopify, as the case may be, may provide us with access to your Personal Information. Generally, "Personal Information" under the privacy laws is any information that can be used to identify you. “Personal Information” includes information contained within the definition of “personal data” in the General Data Protection Regulation as adopted by the European Union (the “GDPR”) or “personal information” as defined by the California Privacy Rights Act (the “CPRA”).
For example, Personal Information may include your:
Personal Information may also include the following:
User Comments: User comments that you may provide, such as in reviews, blog posts, testimonials, or comments. Please note that the information you submit in these user comments may be posted publicly on the Site. If you do not want your information to be publicly available, please do not submit reviews, testimonials, or comments.
Device Information: We collect information from or about the computers, phones, or other devices that you use to access the Site. We may associate this device information across your devices, which helps us provide consistent services across your devices. Such device information typically includes:
Payment Information: If you are a Farm Customer and place an order through the Tend Platform Farm Store, Square or Shopify, as the case may be, will collect the information that it needs to process your transaction, such as your name, billing address, credit card and other payment information, shipping address, and phone number. We do not store your financial or credit card information.
Shopify Order Information: If you place an order through the Shopify Store, Shopify will collect your Personal Information that it needs to process your transaction, such as your name, billing address, shipping address, billing and payment details, company name, phone number, email address, information about your orders, information about the Shopify-supported merchant stores that you visit, and information about the device and browser you use. Shopify may collect information from cookies stored temporarily under Shopify’s Cookie Policy. All of the information that Shopify collects is “Order Information”. You can read more about how Shopify uses your Personal Information here: Privacy Policy and Shopify Consumer Privacy Policy
You can manage your Personal Information as described in the Shopify privacy notice. You may also request our assistance in managing your Personal Information held by Shopify. In such event, we will use reasonable efforts to work with Shopify to manage your Personal Information and comply with your privacy rights; provided, however, we cannot compel Shopify to comply with your privacy rights with respect to your Personal Information that it holds within its system.
Square Order Information: We use Square to provide us with payment processing functionality for the Tend Store. If you are a Farm Customer who is purchasing products on the Tend Store, Square will, on our behalf, collect your Personal Information that it needs to process payment for your transaction, such as your name, billing address, shipping address, billing and payment details, phone number, email address, and information about your orders and other relevant information. For an explanation of your privacy rights with respect to your Personal Information controlled by Square, please refer to the Square privacy notice. It explains what data Square collects about you, what Square does with it, when and why Square shares it with others, how long Square keeps it, how Square secures it, what cookies are and what they (and similar technologies) do, what data is collected about you by third party service providers, and what choices you have to control your data. The Square privacy notice may be found here: Square Privacy Notice.
You can manage your Personal Information as described in the Square privacy notice or by contacting Square directly. You may also request our assistance in managing your Personal Information held by Square. In such event, we will use reasonable efforts to work with Square to manage your Personal Information and comply with your privacy rights; provided, however, we cannot compel Square to comply with your privacy rights with respect to your Personal Information that it holds within its system.
Employment Application Information: If you apply for employment with Tend, we will collect your name, work history, and other Personal Information relevant to your employment application. We will not use your information for purposes other than evaluating and processing your employment application. You will also have certain privacy rights pursuant to the CPRA.
Demographic Data: We may collect specific or general demographic data when you fill out forms or surveys or sign up for and participate in events, contests, promotions, and special programs that we may provide. Examples of such information include age, gender, zip code, state, and country.
Communications Data: We collect information when you communicate with us or others on our Site, such as when you request additional information about products or services, interact with our customer service team, or sign up to receive our e-mail newsletters.
Text Messages: If you provide us with your phone number you may opt-in to receive text messages containing updates on your order and our marketing messages.
Google Maps Features and Content: The Tend Platform allows farms to map their growing areas from satellite maps or by entering their dimensions. The Tend Platform uses Google Maps features and content for these functions. The use of Google Maps features and content is subject to the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy. To provide these features and content, Google collects and receives data from end users, including search terms, IP addresses, and latitude/longitude coordinates. You acknowledge and agree that Google and its affiliates may use and retain this data to provide and improve Google products and services, subject to the Google Privacy Policy located above.
Farm Data: : The Tend Platform collects “Farm Data” that is uploaded to the Tend Platform by the Farms. The Farm Data is not Personal Information and is not subject to the various privacy laws. “Farm Data” is defined as farm business and operational data provided by Farms in connection with their use of the Tend Platform, including, for example, farm crops, varieties, crop and variety attributes, yields, sales data and analytics generated by the Farms through the use of the Tend Platform. It also includes data relating to crop planning, task management, farming notes and record management.
The Farms may collect Personal Information from you directly such as when you sign up for the Farm’s newsletter or purchase products directly from the Farm without using the Tend Platform Farm Store. In that case the Farm is considered the controller of your Personal Information and you should contact the Farm directly to exercise any privacy rights that you may have.
We may use your Personal Information for the purposes described below:
Offering, Improving and Developing the Site and the Tend Platform Store: We use your Personal Information to provide and improve the services that we offer, including to operate, maintain and develop the Site and the Tend Platform Farm Store. We use your Personal Information to analyze our business and technical operations and develop new services and products in response to your feedback. We also may use data to track user behavior (e.g., pages viewed, for how long, the performance of those pages, etc.) to improve our services and the user experience. We may use your Personal Information to debug and identify and resolve problems that affect the functionality of our Site and services. We may use your Personal Information for customer service, customer support and customer relationship management.
Communicate With You: We may use your Personal Information to send important administrative announcements or transactional notices about the Site, your Account or your order through the Tend Platform Farm Store. We also use your information to respond to you when you contact us.
Promoting Safety And Security: We use your Personal Information to help verify your identity, your account, and your activity on the Site. We might use your information, for instance, to investigate suspicious activity or violations of our Privacy Policy or our Terms of Use.
For the Shopify Store: Shopify uses the Order Information that it collects to fulfill orders placed through the Shopify Store (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Shopify may use your Personal Information to provide its services, including supporting and processing orders, risk and fraud screening, authentication, and payments. Shopify may also use your information to improve its services. If you opt into Shopify Pay, Shopify may store and use your information to pre-fill your checkout information. Shopify may use your information to help customize and improve your experience when you visit the Shopify Store by presenting to you goods and services that are more likely to be of interest to you. Shopify may use some of your information to conduct some level of automated decision-making. You can read more about how Shopify uses your Personal Information and when it may share your information here: Privacy Policy and Shopify Customer Privacy Policy.
For the Tend Store: Square, on our behalf, collects your Personal Information that it needs to process payment for your purchase of products on the Trend Store, such as your name, billing address, shipping address, billing and payment details, phone number, email address, and information about your orders and other relevant information. For an explanation of your privacy rights with respect to your Personal Information controlled by Square, please refer to the Square privacy notice. The Square privacy notice may be found here: https://squareup.com/us/en/legal/general/privacy-no-account.
Cookies and Data Collection Technology: We use cookies and other data collection technologies to provide and support the Site and the uses outlined and described in this section of the Privacy Policy. See “Cookies and Other Data Collection Technology” below to learn more about how we use Data Collection Technology and how to control cookies on your devices. Shopify, which powers our online store, may collect information from cookies stored temporarily under Shopify's Cookie Policy. For more information see Privacy Policy
Corporate Transactions: We may process your Personal Information in connection with corporate acquisitions, mergers, or other corporate transactions.
Comply With Legal Obligations: We may process your Personal Information to comply with our legal or regulatory obligations, including our tax obligations and those related to the prevention of fraud, and those required by any regulatory requirements or provisions
Your Consent: We may process your Personal Information in accordance with your consent or instructions.
Text-Based Marketing: We may send you ordering and marketing text messages if you affirmatively opt-in to receiving them.
Reasonable Other Purposes: As permitted by applicable law, we may process your Personal Information to carry out other reasonable purposes related to the products you purchase on the Tend Platform Farm Store or your ongoing relationship with us.
Farm Customers: If you are a Farm Customer and have purchased Farm products on the Shopify Store, you can manage your Personal Information settings as described in the Shopify's privacy policy or by contacting Shopify directly. You may also request our assistance in managing your Personal Information held by Shopify. In such event, we will use reasonable efforts to work with Shopify to manage your Personal Information and comply with your privacy rights; provided, however, we cannot compel Shopify to comply with your privacy rights with respect to your Personal Information that it holds within its system.
If you are a Farm Customer and have purchased Farm products on the Tend Store, you can manage your Personal Information as described in the Square privacy notice or by contacting Square directly. You may also request our assistance in managing your Personal Information held by Square. In such event, we will use reasonable efforts to work with Square to manage your Personal Information and comply with your privacy rights; provided, however, we cannot compel Square to comply with your privacy rights with respect to your Personal Information that it holds within its system. If you are a Farm Customer and have purchased Farm products directly from a Farm, the Farm may collect Personal Information from you directly to fulfill your order. In that case the Farm is considered the controller of your Personal Information and you should contact the Farm directly to exercise any privacy rights that you may have.
Members of the Farming Community: If you are a member of the Farming Community and have set up an Account with Tend, you can manage your Personal Information in your Account settings and profile page. You may change any item of your Personal Information in your Account by editing your profile within your Account or by sending an e-mail to us at the e-mail address set forth below. If you believe that any Personal Information we are holding about you is incorrect or incomplete, you can also request that we correct or supplement such data. You may request deletion of your Personal Information, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). Upon your request, we will close your Account and remove your Personal Information from view as soon as reasonably possible, based on your Account activity and in accordance with applicable law. We may retain Personal Information from closed accounts for a certain period of time to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and take other actions otherwise permitted by law. You may also request a copy of the Personal Information we hold about you. If you wish to receive a copy of your Personal Information you or exercise any of your legal rights with respect to your Personal Information, including your rights under the GDPR or CPRA, you may send us an e-mail at Contact Us below and we will provide you with a copy in a readily usable format or respond to your request to exercise your rights.
Farms: If you are a Farm, you can manage your Farm Data through your Account on the Tend Platform. As previously stated, Farm Data is not Personal Information under the privacy laws.
No Discrimination: We will not discriminate against you if you exercise any of these privacy rights, or deny, charge different prices for, or provide a different quality of goods or services if you choose to exercise these rights.
Stop Text Messages: You can stop order or marketing text messages by replying “STOP” to our text messages.
We take reasonable precautions intended to help protect your Personal Information that we collect. Unfortunately, no system or online transmission of data is completely secure, and we cannot guarantee the security of data transmitted across the Internet. If you believe that information you provided to us is no longer secure, please notify us immediately using the contact information provided below. You are responsible for keeping your password for access to the Site confidential and secret. If you lose control of your password, anyone who has your password may access your account. You may lose control over your Personal Information and may be subject to legally binding actions taken on your behalf. We urge you to keep your password secure and safe at all times. By using our Site, you acknowledge that you are responsible for the security of your username and password. Therefore, if your password has been compromised for any reason, you should immediately notify us and change your password.
The Site may include links to third party websites and services that we do not own or operate. When you click these links, you will be directed away from the Site to that third party's website. Any information you submit on that third party's website will be subject to that third party's practices and privacy policy. We encourage you to read these third party privacy policies carefully before submitting your information. In addition, our Privacy Policy addresses only our practices with respect to Personal Information we collect about you in the course of using our Site and does not apply to information about you that might be collected by a third party website or an offering linked to or otherwise accessible from our Site. Any information collected, obtained and/or used by any such third parties is subject to the privacy policies of those third parties. We encourage you to review the privacy statements of websites you choose to link to from our Site so that you can understand how those websites collect, use and share your information. We are not responsible for the privacy statements, use of your information or other content on websites outside of the Site.
We are based in the United States and the information we collect is governed by U.S. law. If you are accessing the Site from outside of the U.S., please be aware that information collected through the Site may be transferred to, processed, stored, and used in the U.S. Data protection laws in the U.S. are different from those of your country of residence. Your use of the Site or provision of your Personal Information constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your Personal Information in the U.S. as set forth in this Privacy Policy. When your Personal Information is transferred outside of the EU or the UK to countries that are not deemed to provide adequate protections under EUA or UK law, we will ensure that such transfer is subject to appropriate safeguards in accordance with applicable data protection laws. As residents of the EU or UK, you will have certain additional rights with respect to your Personal Information under the GDPR including:
To exercise any of these rights, please Contact Us below. We will respond to your request within 30 days of receipt or as otherwise required by the GDPR. We must verify your identity in order to honor your request.
Lawful Bases of Processing. Where we are acting as a data controller that determines the purposes and means of processing your Personal Information, such as when we collect, use, and share Personal Information as described in this Privacy Policy, we must have a lawful basis for processing for doing so. Our lawful bases for processing Personal Information include:
The Site is governed by and operated in, and in accordance with the laws of, the United States. If you are located in Canada or elsewhere outside of the United States, please be aware that the Personal Information we collect is transferred to and processed in the United States. By using the Site, or providing us with any Personal Information, you consent to the collection, processing, maintenance and transfer of such information in and to the United States in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and you waive any claims that may arise under those laws. While in another jurisdiction for processing, your Personal Information may be accessed by the courts, law enforcement, and national security authorities of that jurisdiction. These jurisdictions may not provide the same level of data protection as your home jurisdiction. We have put in place contractual and technical safeguards designed to ensure that your Personal Information is safely stored, processed and/or accessed by third party service providers when transferred outside of Canada. We shall require the third party service providers to keep your Personal Information secure and that it may only be used in connection with providing services to us.
If you are a California resident, the CPRA provides you with certain rights with regard to our use of your Personal Information. For information about you rights under the CPRA please click here: ____________________.
Under California law, California residents have the right to request a list of all third parties to whom a company has disclosed their Personal Information for direct marketing purposes. We do not share or sell Personal Information to or with third parties for marketing purposes; however, if you are a California resident and would like information on how to exercise your rights concerning third party disclosures, please contact us as described at Contact Us below.
The Site is not directed to or intended for use by minors. Consistent with the requirements of the Children's Online Privacy Protection Act and similar rules in other jurisdictions, if we learn that we have received any information directly from a child under age 13 (or such other age as set by the laws of jurisdictions outside the U.S.) without his or her parent's verified consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the child that he or she cannot use the Site and subsequently, we will delete that information.
The Effective Date of this Privacy Policy is set forth at the top of this page. If we make a material change to this Privacy Policy, we will post a revised Privacy Policy. For this reason, we encourage you to review the Privacy Policy whenever you use our Site because, by visiting the Site, you agree to accept the then current Privacy Policy. If you do not agree with our changes to the Privacy Policy, your sole and exclusive remedy will be to discontinue use of this Site.
Tend is a business division owned and operated by Spiraledge, Inc. which is doing business as Tend. To learn more about how Tend uses your information, please contact us using the information below:
By Mail:
4300 Port Union Road
West Chester, Ohio 45011
By phone: (831) 201-0299
Email:
[email protected]California Privacy Notice for California Residents
Effective Date: June 13, 2024
The California Privacy Rights Act (the “CPRA”) requires us to disclose certain information related to our privacy practices. It applies only to residents of California. This California Privacy Notice supplements the Tend Privacy Policy (the “Privacy Policy”) to meet our disclosure requirements under California law. To understand our privacy practices and your rights, please refer to the Privacy Policy in addition to this California Privacy Notice.
“Personal Information” is defined in the Privacy Policy. However, the definition of “Personal Information” under the CPRA differs from this definition. As used in this California Privacy Notice, “Personal Information” refers to “information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.”
We have collected the following categories of Personal Information in the preceding 12 months:
| Identifiers | Real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, or other similar identifiers. User comments. |
| Personal information listed in § 1798.80 of the California Customer Records statute | Name, signature, address, telephone number, physical characteristics, billing and transactions information. Employment and employment history. |
| Protected characteristics | Age, gender. |
| Commercial Information | Records and history of products or services purchased or considered. |
| Biometric Information | Photographs and images. |
| Internet or other electronic network activity information | Information from or about the computers, phones, or other devices used to access our website. Includes online environment (operating system, browser, hardware version, device settings, or device identifiers); device location, including specific geographic locations, such as through Bluetooth, WiFi signals, or GPS; connection information (name of mobile operator, internet service provider, IP address); and browsing activity, such as the pages visited, the date and time of the visit, the amount of time spent on each page, or the links clicked on. |
| Geolocation data | Approximate physical location (derived from an Internet Protocol address). |
| Professional or employment-related information | Name, work history, and other information relevant to your employment application. |
| Inferences | Inferences drawn from any of the above categories of information. |
For more information about the Personal Information we have collected, please see the section in the Privacy Policy entitled What Kinds of Information Do We Collect?
We have used your Personal Information for the purposes described in our Privacy Policy. For more information about how we have used your Personal Information, please see the section in the Privacy Policy entitled How Do We Use This Information?
Our Privacy Policy describes the categories of third parties with whom we share Personal Information. For more information about the personal information we share, please see the section in the Privacy Policy entitled How Is This Information Shared?
We have not sold Personal Information relating to California residents in the last 12 months.
Under the CPRA, you have the following rights. Please note that these rights are not absolute and in certain cases are subject to conditions or limitations as defined in the CPRA:
Right to Access Personal Information: You have the right to request, at no charge, that we disclose to you the categories and specific pieces of Personal Information that we have collected in the prior 12 months.
Right to Know: You have the right to request that we disclose certain information about how we have handled your Personal Information in the prior twelve months including the:
Right of Access and Portability: You have the right to obtain a list of categories and a copy of your Personal Information in a portable and readily usable format.
Right of Access and Portability: You have the right to obtain a list of categories and a copy of your Personal Information in a portable and readily usable format.
Right to be Free from Discrimination: We will not discriminate against you for exercising your rights under the CPRA.
If you wish to exercise any of your privacy rights as set forth above, please contact us by email at [email protected]. You may be required to provide additional information to verify your identity and request before further action is taken.
If you have any questions or concerns regarding this Privacy Notice, you may contact us at the following address:
By Mail:
Tend
c/o Spiraledge, Inc.
4300 Port Union Road
West Chester, Ohio 45011
Attention: CPRA Privacy
Email:
[email protected]By phone: (831) 201-0299
Once we receive your request, we will review it, determine whether we can verify your identity, and process the request accordingly. If we need additional information, we will let you know. We will respond to your request within 45 days of receipt or notify you if we need additional time.