Privacy Policy

New AeroFarms, Inc. d/b/a AeroFarms, its direct and indirect subsidiaries, parents and affiliates (collectively, “AeroFarms”, “us” or “we”) are concerned about online privacy issues and want you to be familiar with how we collect, use and share your personal information. When you utilize or access AeroFarms’ Websites (as defined below) in any way, you acknowledge and affirm your acceptance of the practices and policies detailed herein and give us your consent to collect, use, and share your information in accordance with the stipulations of this privacy policy (the “Privacy Policy”).

Your use of the AeroFarms Websites (as defined below) is at all times subject to our Terms of Use, which incorporates this Privacy Policy herein by this reference. Any defined terms used herein that are not defined shall have the meaning ascribed to them in the Terms of Use. You are permitted to print a copy of this Privacy Policy. In the event that you have a disability, you may access this Privacy Policy in alternative formats by contacting us at [email protected].

Personal Information and What this Privacy Policy Covers

This Privacy Policy uses the term “personal information” to mean any details or information about an identifiable individual and also includes information referred to as “personally identifiable information” or personal data” under applicable data privacy laws, rules, or regulations ("Personal Information"). It delineates how we gather Personal Information online and the decisions you can make as a visitor or user of any webpage, website application, quick-response code, or platform offered through any social media site managed or provided by AeroFarms, as part of its United States operations (collectively, “AeroFarms Websites” and each being an “AeroFarms Website”) concerning the collection and use of your personal information. Your personal information will only be collected, used, and shared in accordance with this Privacy Policy. Practices of companies we do not own or control or people we do not manage are not covered by this Privacy Policy.

Personal Information We Collect

We may collect Personal Information from you when you voluntarily provide it to us through a number of features available on or through an AeroFarms Website. For example, we may ask you to provide Personal Information if you:

• ask to receive online information from us, such as e-mail newsletters or e-mail updates
• participate in a review, survey, a consumer research panel, or similar type of activity; and/or
• otherwise participate in features of an AeroFarms Website that asks for Personal Information.

In addition, if you otherwise request any information, service or other offering from us, you may be required to provide your Personal Information in order for us to process your request.

Your participation in any of these activities is voluntary and we will only use your Personal Information that you provide for the purposes for which it was collected. For example, we may use the Personal Information you provide to: respond to your questions or comments; fulfill your requests; provide service(s) and/or products to you; identify your needs and/or preferences; administer and manage our business operations; or otherwise provide or improve our products and/or services. We assure you that we do not engage in the sale of Personal Information and that any Personal Information we collect is strictly for the purposes outlined in this Privacy Policy and is not sold to third parties.

You will always have the opportunity to “unsubscribe” from receiving e-mail or other communications at any time.

If you contact one of our consumer service representatives through an AeroFarms Website, we may ask you for Personal Information such as your name, address, phone number, or e-mail address so that we can respond to your questions or comments. By providing your phone number to AeroFarms, you agree and acknowledge that AeroFarms may send text messages to you for any purpose. Message and data rates may apply. AeroFarms will only send one SMS as a reply to you, and you will be able to Opt-out by replying “STOP.”

Categories of Personal Information We Collect

Below are the categories of Personal Information that we might collect and may have collected over the past twelve (12) months:

No phone numbers or mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Categories of Sources of Personal Information

We collect Personal Information about you from the following categories of sources:

A. Information That You Provide Directly

• When you provide such information directly to us.
  • When you visit or use AeroFarms Websites, use our interactive tools and services.
  • When you voluntarily provide Personal Information in free-form text boxes that may be found through AeroFarms Websites or through responses to surveys or questionnaires.
  • When you send us an email or otherwise contact us.

 

• When you use the AeroFarms Websites and such information is collected automatically.
  • Through Cookies (further defined below).
  • If you use a location-enabled web browser, we may receive information about your location and mobile device, as applicable.

B. Information Received from Third Parties

How We Gather Personal Information by Automatic Means

Sometimes we use cookie technology, web beacons and other similar devices on AeroFarms Websites to enhance functionality and navigation for our visitors and portions of AeroFarms Websites may use statistical tools that may be operated by third party providers (collectively, “Analytical Tools”) such as Google Inc. Information tracked through these mechanisms includes, but is not limited to: (i) your IP address; (ii) the type of web browser and operating system being used; (iii) the pages of AeroFarms Websites that you visit; and (iv) other websites you may have visited before visiting an AeroFarms Website. If you wish to disable cookies, refer to your browser help menu to learn how to disable cookies. Please note that if you disable cookies, you may be unable to access some customized features on AeroFarms Websites. Cookies do not collect or contain Personal Information.

Internet tags, graphic tags and similar web beacon type functions allow us to count the number of users who have visited a particular web page or accessed certain cookies. We may use web beacons on AeroFarms Websites to count users and to recognize users by accessing our cookies. Being able to access our cookies allows us to personalize and improve your experience with AeroFarms Websites. We may also include web beacons in HTML-formatted e-mail messages that we send to determine which e-mail messages were opened. Like cookies, web beacons do not collect or contain Personal Information.

In the case of Analytical Tools, the information generated by the cookies and/or web beacons about your use of AeroFarms Websites (including your IP address) may be transmitted to and stored on servers located outside of the United States of America, by the applicable third-party provider of an Analytical Tool. This

information will be used for the purpose of evaluating your use of AeroFarms Websites, compiling reports on AeroFarms Websites’ activity, and providing other services relating to AeroFarms Websites activity and Internet usage. The third-party providers of Analytical Tools may also transfer this information to other third parties where they are required to do so by law, or where such third parties process the information on their behalf.

Our Commercial or Business Purposes for Collecting Personal Information

A. Providing, Customizing and Improving the AeroFarms Websites

• Providing you with the products, services or information you request.
• Meeting or fulfilling the reason you provided the information to us.
• Providing support and assistance for the AeroFarms Websites or any services offered or provided by AeroFarms.
• Improving the AeroFarms Websites, including testing, research, internal analytics and product development.
• Personalizing the AeroFarms Websites, website content and communications based on your preferences.
• Doing fraud protection, security and debugging.
• Carrying out other business purposes stated when collecting your Personal Information or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act (the “CCPA”).

B. Marketing AeroFarms

• We may use aggregate anonymized data to market and/or sell products or services.

C. Corresponding With You

• Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about AeroFarms, the services offered by AeroFarms, or the AeroFarms Websites.
• Sending emails and other communications according to your preferences or that display content that we think will interest you.

D. Meeting Legal Requirements and Enforcing Legal Terms

• Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.
• Protecting the rights, property or safety of you, AeroFarms or another party.
• Enforcing any agreements with you.
• Responding to claims that any posting or other content violates third-party rights.
• Resolving disputes.

We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated or incompatible purposes without providing you notice by updating this Privacy Policy and our Terms of Use.

How We Share Personal Information

Except as described below, we do not sell, transfer, or otherwise share with third parties the Personal Information that we collect on AeroFarms Websites. At times, we provide your Personal Information to third parties who provide services on our behalf. These entities may use the information solely in conjunction with the specific services they provide for us (e.g., responding to your questions or comments or investigation of a complaint).

We reserve the right to transfer any Personal Information we have about you in the event that we sell or transfer all or a portion of our business or assets to a third party. Further, we reserve the right to share any Personal Information as needed if such information is requested by law enforcement agencies or if we are requested to do so by law, regulation, court order, or by a government entity. We may also share your Personal Information to third parties if we have reason to believe that disclosing such information is necessary to: (i) conduct investigations of possible breaches of law; (ii) cooperate in any legal investigation; (iii) identify, contact, or bring legal action against someone who may be violating the Terms of Use of any AeroFarms Website; or (iv) to protect our rights, privacy, safety or property. Lastly, we may share your Personal Information for any other purpose to which you specifically consent.

We disclose your Personal Information to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data. For more information, please refer to the state-specific sections below.

• Service Providers. These parties help us provide the AeroFarms Websites or perform business functions on our behalf. They include:
  • Hosting, technology and communication providers.
  • Security and fraud prevention consultants.

• Analytics Partners. These parties provide analytics on web traffic or usage of the AeroFarms Websites and include:
  • Companies that track how users found or were referred to the AeroFarms Websites.
  • Companies that track how users interact with the AeroFarms Websites.

• Business Partners. These parties may include:
  • Businesses that partner with us in offering various services.
• Parties You Authorize, Access or Authenticate.
  • Third parties you access through the AeroFarms Websites.
  • Other users.

We may share any Personal Information that we collect with third parties in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms” in the “Our Commercial or Business Purposes for Collecting Personal Information” section above.

We may create aggregated, de-identified or anonymized data from the Personal Information we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve the AeroFarms Websites and promote our business, provided that we will not share such Personal Information in a manner that could identify you.

Links to Other Websites

AeroFarms Websites may contain links to other websites operated by third parties. Any such websites are wholly independent from our websites, and we have no control over those websites, their operators, their security, their privacy policies, or their practices. Before providing any of your Personal Information on any such other website, you should review the policies on privacy and security for such website.

Interactive Features/Social Media

If you use social media and/or other interactive features that may be available on an AeroFarms Website (e.g., Facebook or Twitter feeds, comment sections, chat rooms, etc.), you should know that when you voluntarily disclose your Personal Information using social media features or in interactive areas that may be available on AeroFarms Websites where personal information can be posted, the information can be collected and used by other Internet users. This may result in unsolicited messages from other posters or parties. We undertake no obligations as to the security of information you voluntarily post using social media features or in interactive areas that may be available on AeroFarms Websites.

Security and Retention

We seek to protect your Personal Information from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Information and how we are processing that data. Although we work to protect the security of data and the Personal Information that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure. As a result, while we are committed to protecting your Personal Information, we cannot ensure or warrant in any way the security of any Personal Information you provide to us.

We retain Personal Information about you for as long as necessary to provide you with the AeroFarms Websites and any services offered by AeroFarms. In some cases, we retain Personal Information for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

Children’s Privacy

We are committed to protecting the privacy of children and we do not knowingly collect or solicit Personal Information from children under the age of thirteen (13). If a child has already provided us with Personal Information, his or her parent or guardian may contact us to have this information deleted.

If you are a minor under the age of thirteen (13), please do not attempt to register for or otherwise use the AeroFarms Websites or send us any Personal Information. If we learn we have collected Personal Information from a minor under thirteen (13) years of age, we will delete that information as quickly as possible. If you believe that a minor under thirteen (13) years of age may have provided Personal Information to us, please contact us at [email protected].

United States Only

AeroFarms Websites are intended for use by residents of the United States of America only. All matters relating to AeroFarms Websites are governed by the laws of the Commonwealth of Virginia and the federal laws of the United States of America applicable therein. If you are located outside of the United States of America, and you contact us, please be advised that any Personal Information you provide to us may be transferred to other jurisdictions where our servers are located and that by submitting Personal Information, you explicitly authorize its transfer.

Your California Privacy Rights

California Consumer Privacy Act. "Personal Information" has the meaning given in the California Consumer Privacy Act (“CCPA”).

If the CCPA applies to your Personal Information collected and used by AeroFarms, then the following terms apply:

• Right to Know. In some circumstances, you have the right to request from AeroFarms the categories of Personal Information AeroFarms has collected about you, the categories of sources from which your Personal Information was collected, the business or commercial purpose for collecting or selling your Personal Information, the categories of third parties with whom AeroFarms shares your Personal Information, and the specific pieces of Personal Information AeroFarms has collected about you. You may call us at (888) 768-0833 or email us at [email protected] with “CCPA Right to Know” in the subject line and in the body of your message to exercise this right.
• Right to Deletion. In some circumstances, you may have the right to request that AeroFarms delete any Personal Information about you which AeroFarms has collected from you. You may call us at (888) 768-0833 or email us at [email protected] with “CCPA Right to Deletion” in the subject line and in the body of your message to exercise this right.

There are situations where we are not required to comply with your request to know or delete and we will let you know if one of those situations arises.

We also share Personal Information collected from cookies and similar tracking technologies, such as how you interact with our websites and mobile apps, with advertising technology partners in order to present advertising messages based on your preferences. Given that the definition of ‘sale’ under the CCPA is broad and covers situations beyond traditional monetary transactions, this type of activity may be considered a ‘sale’ of Personal Information under the CCPA, and accordingly, you may have the following right:

• Right to Opt-Out. Subject to certain exceptions, as a California resident, you may have the right to opt out of the "sale" of your Personal Information collected from cookies and similar tracking technologies. To opt out of the "sale" of your Personal Information as described in this section, please follow the instructions above regarding the use of cookies. You may also opt out of certain "sales" of advertising by visiting NAI Consumer Opt Out.
• Keep in mind that, if you opt out of interest-based advertising, you may still see customized advertising displayed by advertising networks from which you have not opted out. In addition, your opt out will not prevent any advertising network from displaying advertising that is not customized to you and your interests and, consequently, may be less relevant to you.

We reserve the right to verify your identity before we process any request relating to your Personal Information.

We will not discriminate against you if you choose to exercise any of the above rights granted to you by the CCPA. We are not discriminating against you if we deny a request to know or delete if we have a legitimate reason for the denial.

Sale of Personal Information

We will not sell your Personal Information and have not done so over the last twelve (12) months. To our knowledge, we do not sell Personal Information of minors under thirteen (13) years of age.

Shine the Light. If you are a California resident who provides Personal Information in obtaining products or services for personal, family or household use, California Civil Code Section 1798.83 (“Shine the Light Law”) permits you to request in writing and obtain from us, once per calendar year, data about the Personal

Information we shared, if any, with other third parties for their own direct marketing purposes. To make such a request, please contact us at [email protected] and write "Request for California Privacy Data" as the subject of your message. We will send you a reply e-mail within 30 days containing the requested data once we confirm your request. Not all of the shared Personal Information is covered by the Shine the Light Law requirements and therefore only Personal Information which is covered will be included in our response.

Consumer Rights Notice. Under California Civil Code Section 1789.3, AeroFarms is required to provide California residents with the following specific consumer rights information:

• This website is owned and operated by New AeroFarms, Inc. d/b/a AeroFarms.
• Unless otherwise expressly stated, the AeroFarms Website is provided without charge.

To file a complaint regarding this website or to receive further information regarding use of this website, please contact us via email at [email protected] or send us a letter at the mailing address listed below. You also may contact the Complaint Assistance Unit of the Division of Consumer Services of California’s Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814 or by telephone at (916) 445-1254 or (800) 952-5210.

Other State Law Privacy Rights

California Resident Rights. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not wish such operators to track certain of your online activities over time and across different websites. AeroFarms Websites do not support Do Not Track requests at this time. To find out more about “Do Not Track,” you can visit www.allaboutdnt.com.

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at [email protected].

Nevada Resident Rights. If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at [email protected] with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.

Changes to this Privacy Policy

We reserve the right to change or replace this Privacy Policy at our sole discretion at any time. Please check back from time to time to ensure that you are aware of any updates or changes in this Privacy Policy. Your continued access or use of any AeroFarms Websites after any such changes constitutes your acceptance of the Privacy Policy as revised.

How to Contact Us

We welcome your feedback. If you have questions, comments or concerns about our Privacy Policy, or would like to do any of the following:

• see personal information that you have already sent us so that you can correct or update or delete your personal information from our files;
• if your child under thirteen (13) has sent us personal information, delete that personal information from our files;
• ask that we not send you mailings or otherwise contact you; or
• report any violation of this Privacy Policy.

 

Please contact us either by e-mail at [email protected] or by mail at:

 

New AeroFarms, Inc. d/b/a AeroFarms.

Attention: AeroFarms Legal

1526 Cane Creek Parkway,

Ringgold, VA 24586

(888) 768-0833