International Bonsai Mirai, LLC, Privacy Policy
Last Modified: January 9th, 2024
Introduction
For purposes of this Privacy Policy, references to “we,” “our,” and “us” mean International Bonsai Mirai, LLC. We own and operate the MIRAI mobile application and websites at https://www.bonsaimirai.com, https://forum.bonsaimirai.com/, https://goods.bonsaimirai.com, and http://live.bonsaimirai.com (the mobile application and websites, collectively, the “Website”). This Privacy Policy explains how and why we collect, use, and disclose information about you collected through the Website. If you do not agree with our policies and practices, your choice is to not use our Website. We reserve the right to change, modify, add, or remove portions of this Privacy Policy from time to time. We will not, however, retroactively change how we share your personal information without your consent (when required by law). We will provide notice of any material changes through the Website or by other means as we deem reasonably appropriate before they take effect. Please check back periodically for any changes we may make to the Privacy Policy. Your continued use of the Website following the posting of changes to this Privacy Policy means you accept these changes.
Table of Contents:
1. Personal Information We Collect
2. How We Collect Information
3. Cookies That We Use
4. How We Use Your Personal Information
5. How We Share Information
6. Sales of Personal Information
7. Links to Other Websites, Social Media Platforms, Mobile Applications, and Services
8. Security
9. Lawful Bases and Other Information
10. Your Choices and Privacy Rights
11. Our Contact Information
1. Personal Information We Collect
When you interact with the Website, we may collect information—some of which may identify you such as:
· First and last name;
· Username and password;
· Email address;
· Phone number;
· Physical address; [A1] [A2]
· Postal/mailing address;
· IP address;
· Unique device ID or other online identifier;
· Payment information, such as credit card payment data; and
· Personal information you choose to provide in comments, forums, and other narrative forms.
We refer to information that can identify you as “personal information.” We may also collect general information about the equipment and devices you use to access the Website, your operating system and browser type, the services that you use, times and dates of your interactions with the Website, details of your transactions through and interactions with the Website, and software event data. Finally, we will ask for very general location data for your tree(s) – specifically, the hemisphere and USDA zone where your tree(s) is located – so we can provide you with relevant information for that hemisphere and zone[A3] .
We may also collect, use, and share aggregated data such as statistical or demographic data for any purpose. Aggregated data could be derived from your personal information but is not considered personal information in law as this data will not directly or indirectly reveal your identity. However, if we combine or connect aggregated data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information which will be used in accordance with this Privacy Policy.
2. How We Collect Information
We may collect information:
· Directly from you when you provide it, including by contributing comments or other text to our forum or blog, setting up an account and personal profile, purchasing goods or services through the Website, or participating in promotions.
· Automatically as you interact with the Website, such as approximate location, data on browsing activities and patterns, times and dates of logins, and event data. For personal information collected by cookies, we have set this out in more detail below.
· From third parties, including analytics and online advertising providers, that we use to operate the Website and its services.
· From social media platforms linked from the Website, such as Facebook, Instagram, Pinterest, Twitter, and YouTube, if you “Like,” “Follow,” or otherwise interact with our page or profile on that platform.
3. Cookies That We Use
The Website uses cookies. A “cookie” is a small file that we save on your computer or mobile device. Our cookies may help to give you faster access to pages you have already visited (e.g., by keeping you logged in if you select that option, remembering your subscription tier, and remembering your cookie preferences on the Website) and help you to participate in activities or events on the Website. They may also help us customize our offerings to you. Many web browsers allow you to customize cookie options – such as disabling some cookies or alerting you when a cookie is being sent – but disabling cookies may affect your ability to access or use the Website. Our Website’s cookie manager also allows you to turn off all cookies except those necessary for the Website’s functionality.
We use the following cookies:
Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
Analytical or performance cookies. These allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognize you when you return to our website. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Marketing and targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it (and third-party sites) more relevant to your interests.
For more information regarding the specific cookies being used by our Website, please see the Website’s cookie manager.
If you use your browser settings to block all cookies (including strictly necessary cookies) you may not be able to access all or parts of our website.
4. How We Use Your Personal Information
We may use or disclose your information for one or more of the following business purposes:
· Managing our Website and presenting its contents to you, and improving the Website’s performance – including your experience on the Website when you return.
· Providing the information, goods, and services you’ve requested or agreed to receive.
· Providing you with notifications through your mobile device, including push notifications, with your consent.
· Enabling you to interact with Website features, such as real-time chat functionality during live-streamed events.
· Enabling you to participate in promotions through the Website.
· Administering your account and subscriptions.
· Processing your online payments and reporting payment attempts to you.
· Carrying out our obligations and enforcing our rights arising from any transactions entered into between you and us, including for billing, collection, and customer support. This includes, without limitation, enforcing our (A) TERMS OF SERVICE FOR LIVE AND (B) TERMS AND CONDITIONS FOR GOODS.
· Informing you about new features of the Website.
· Marketing our products and services to you and sending you newsletters. For example, if you purchase a subscription to the Website, you will be added to the following newsletter mailing lists (you may also provide your email address at the Website to sign up for the following mailing lists without purchasing a subscription):
o Bonsai Mirai Community Mailing List
o Bonsai Mirai Live Community Mailing List
o Bonsai Mirai Live Pro Subscribers Mailing List (only if you are a Pro subscriber of the Website)
· For any other purpose disclosed by us when you provide the information.
5. How We Share Information
We may share non-personally identifiable information, such as anonymized user statistics, with third parties without restriction. We do not share your personal information with third parties for third-party marketing purposes, or for any other purpose other than as described in this Privacy Policy. Without limiting the foregoing, we may share the information we have collected about you, including personal information, as disclosed at the time you provide your information and in the following circumstances:
Third Parties Providing Services on Our Behalf. We use third parties to host the Website and its contents (including our large selection of photos and educational videos), design and operate the Website features, and perform administrative, analytics, billing, payment processing, advertising, and communications services. Services these parties provide include processing your payments made through the Website, enabling us to send you email newsletters and marketing materials, serving ads, displaying products available for sale through the Website, enabling real-time chat features, and providing information to us about the use of the Website and viewing of our content. We may disclose your personal information to these companies so they can carry out these business purposes on our behalf. We enter into data-transfer agreements with these companies that comply with applicable law.
Currently, we use the services listed below for analytics and ad-serving. Note that they may set and access their own cookies and web beacons on your device, and they may have access to related usage information. We provide links where you can access additional information on their practices.
Google LLC Services
· Google Analytics[A4] . Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Website. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. We use Google Analytics with the add-on “anonymizeIP()” so that the IP addresses later transmitted to Google are shortened and modified in advance on European servers to prevent any direct references to particular persons. You may be able to prohibit Google from collecting and analyzing the cookie-generated data about your use of the website (including your IP address) by downloading and installing the browser plugin available here http://tools.google.com/dlpage/gaoptout?hl=en.
· Google Ads. Google Ads is an ad-serving service offered by Google that uses technologies—such as cookies—to display ads (including our ads) based on your visits to the Website. So you may see our ads displayed on other websites you visit, or in your Google search results. Like Google Analytics, Google may share information obtained through its Ads service with other Google services.
· Google Shopping. We use Google Merchant Center to display products available for sale on the Website in Google search results. Clicking on a product listing displayed in Google Shopping may disclose your personal information to Google.
You may opt-out of certain Google service features, such as through your device advertising settings, or by following the instructions provided by Google in its Privacy Policy: https://policies.google.com/technologies/partner-sites.
For more information on the privacy practices of Google more generally, visit the Google Privacy Terms web page: http://www.google.com/policies/privacy/.
Meta Advertising (Facebook and Instagram)
· The Website utilizes Meta’s conversion tracking pixel. This pixel (like cookies, the pixel is a small piece of code) allows us to follow the actions of users after they are redirected to the Website after clicking on a Facebook or Instagram advertisement. We are thus able to record the efficacy of Facebook and Instagram advertisements for statistical and market research purposes. We cannot see the personal data of any individual user, but the collected data are saved and processed by Meta – and Meta is able to connect the data with your Facebook account and use the data for its own advertising purposes, in accordance with Meta’s Data Policy. See https://www.facebook.com/about/privacy/. Meta conversion tracking also allows Meta and its partners to show you advertisements on and outside Facebook and Instagram. In addition, a cookie will be saved onto your computer for these purposes.
· We may also display goods for sale on Facebook. Clicking on a product listing displayed in Facebook may disclose your personal information to Meta.
Microsoft Advertising
· The Website uses Microsoft cookies, which (similar to the Meta pixel) allow us to serve relevant ads to Website Visitors.
For more information on how targeted advertising works generally, you can visit the Network Advertising Initiative’s educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
Promotions. We may offer promotions through the Website that may require registration. By participating in a promotion, you agree to the terms, conditions and/or official rules that govern that promotion, including terms related to the disclosure of your personal information.
Administrative and Legal Reasons. We may also disclose personal information to enforce or apply our Terms of Service (A) TERMS OF SERVICE FOR LIVE AND (B) TERMS AND CONDITIONS FOR GOODS, or if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us; and (b) protect and defend our rights or property, the Website, its users, or the public.
Business Transfer. We reserve the right to disclose and transfer all information related to the Website, including, without limitation, your personal information and usage information: (y) to a subsequent owner, co-owner, or operator of the Website or applicable database; or (z) in connection with a corporate merger, consolidation, reorganization, divestiture, restructuring, the sale of substantially all of our equity interests and/or assets, or other corporate change, including, without limitation, during the course of any due diligence process or during any bankruptcy, liquidation, or similar proceeding.
6. Sales of Personal Information
We have not sold, and—except in connection with a business transfer (described above)—we will not sell your personal information.
7. Links to Other Websites, Social Media Platforms, Mobile Applications, and Services
We are not responsible for the practices employed by websites, social media platforms, mobile applications (except our MIRAI mobile application), or services linked to or from the Website, including the information or content contained therein. Please remember that our Privacy Policy does not apply to third-party websites, platforms, mobile applications, or services. Nor does this Privacy Policy apply to information we collect by other means (including offline) or from sources other than through the Website.
8. Security
Personal information is stored in secure operating environments that are not available to the public. Only those of our employees and agents who need access to your personal information to do their jobs are allowed access, each having signed confidentiality agreements or otherwise subject to a duty of confidentiality. In some instances, personal information is encrypted during storage and transmission, and our website uses the https protocol.
While we make reasonable efforts to safeguard your personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. As a result, we cannot ensure or warrant the security of any information you transmit to us or information we transmit to you from the Website, and you assume all related risks.
We regularly review the information that we collect and store. We retain your personal information until you request that we delete it. In certain cases, we may be required to continue to retain your data to comply with applicable law or in connection with a legal claim.
For personal information subject to European Union or United Kingdom law: we only retain your personal information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.
9. Lawful Bases and Other Information
Lawful Bases. We collect and process your personal information, for the purposes described under “How We Use Your Personal Information”, only when we have a lawful basis to do so. Lawful bases include your consent, the fulfillment of our contractual rights or obligations, complying with applicable law, and the legitimate interests of International Bonsai Mirai, LLC, or third parties (provided that processing your data for a legitimate interest does not outweigh your rights and freedoms). Examples of a legitimate interest include (a) analyzing user data to maintain and improve the Website for all users; (b) providing you with access to the Website and related goods and services; (c) providing you with up-to-date information about new features of the Website; (d) engaging third-party service providers to deliver advertisements and certain features of the Website; and (e) complying with record retention laws or other legal obligations. You may withdraw your consent or object to a legitimate interest at any time by contacting us at the information provided below.
Cross-Border Transfer. The Website is hosted on servers in the United States. Any personal information you provide to us will be processed and stored on servers in the United States, the laws of which may be deemed by other countries to have inadequate data protection. Accordingly, if you are located outside the United States, you consent and continue to consent to the processing and storage of such data in the United States. Whenever we transfer personal information that is subject to European Union or United Kingdom data laws:
· We shall only transfer your personal information to countries that have been deemed to provide an adequate level of protection for personal information.
· Where appropriate, we may use specific contracts approved under European Union and/or United Kingdom law, which gives personal information the same protection it has under such laws.
We use appropriate safeguards to protect your personal information in accordance with this Privacy Policy.
Do Not Track. Some browsers incorporate a “Do Not Track” (DNT) feature that, when turned on, signals to websites and online services that you do not want to be tracked. At this time, the Website does not respond to DNT signals. Children Under 18. The Website is not intended for children under 18, and we do not knowingly collect personal information from children under the age of 18. If you are under 18, please do not use the Website or submit any personal information through the Website.
If you have reason to believe that a child under the age of 18 has provided their personal information to us, please contact us and we will delete that information.
10. Your Choices and Privacy Rights
Your Choices. If you choose not to provide personal information, you may be unable to access or use the Website or certain Website features. For example, if you do not provide your name you will be unable to create an online account.
Your Privacy Rights. Dependent on where you live, you may have certain data protection rights.
If you live in the United States[A5] , you may access and update the personal information you provided to set up your account, or terminate your account, at any time through your account. If you would like to obtain a copy of all personal information gathered by the Website, terminate your account, or if you would like to correct or delete your information, you may submit a request to us by email at info@bonsaimirai.com. Our response to your inquiry may include, as applicable:
· The categories of personal information we collected about you.
· The categories of sources for the personal information we collected about you.
· Our business or commercial purpose for collecting or selling that personal information.
· The categories of third parties with whom we share that personal information.
· The specific pieces of personal information we collected about you (also called a data portability request).
· If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
o sales, identifying the personal information categories that each category of recipient purchased; and
o disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
If you live in the European Union or United Kingdom, you will have the following rights:
· Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
· Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
· Request erasure of your personal data. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. If you want us to delete all of your personal information, we will also need to delete your account.
· Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
· Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
o If you want us to establish the data’s accuracy.
o Where our use of the data is unlawful but you do not want us to erase it.
o Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
o You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
· Request the transfer of your personal information to you or to a third party. We will provide to you, or a third party you have chosen, your personal information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
· Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
· Make a Complaint at any time to your data protection regulator. We would, however, appreciate the chance to deal with your concerns before you approach your data protection regulator so please contact us in the first instance.
Where you exercise a right under European Union or United Kingdom data protection law:
· You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
· We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Depending on where you live, you may also have other data protection rights.
If you would like to exercise any of your rights or to ask a question or request additional information regarding this Privacy Policy, you may submit a request to us via email at info@bonsaimirai.com.
Please note that we may ask you to verify your identity before responding to any rights request. In any event, we will not discriminate against you for exercising your privacy rights.
Opting Out. If you no longer wish to receive promotional and marketing communications from us, you may do so by logging into your account at https://live.bonsaimirai.com/sign_in, going to your “My Account” page at https://live.bonsaimirai.com/account, and changing your communications preferences at the bottom of the page[A6] [A7] . You may also send us an email at info@bonsaimirai.com.
Finally, you can stop receiving certain types of email communications from us by clicking on the “unsubscribe” link provided in such communications.
Improper Collection and Misuse of Personal Information. Please report any improper collection or misuse of personal information to info@bonsaimirai.com. Depending on the law where you live, you may also have the right to file a complaint with your local data protection authority.
11. Our Contact Information
You may contact us regarding matters in this Privacy Policy at:
International Bonsai Mirai, LLC
PO Box 1121
St. Helens, Oregon, USA 97051
info@bonsaimirai.com
U.S. (503) 410-1194
Toll Free +1 888-710-1441