Privacy Policy

1. Scope

The Platform is currently offered on a soft-launch basis and does not support paid transactions, payment processing, or plant resale. The scope of personal information we actually collect during this phase is more limited than what is described in this Privacy Policy. We have described the broader scope so you have a complete picture of how we may approach personal information as the Platform develops.

2. Information We Collect

We collect information you provide directly, including account registration information such as your name, email address, password, professional affiliation, title, area of practice, profile information, project information, planting plans, lists, notes, photographs, files, mapping data, communications, feedback, survey responses, and any other information you choose to provide.

When you use the Platform, we automatically collect information about your device and use, including IP address, browser type and version, operating system, device identifiers, time zone, language, similar log data, hardware model, mobile network information, city or region level location inferred from IP address, precise location only where you grant device-level permission, and interaction data describing how you use the Platform.

Photographs and image files often contain embedded metadata, including location coordinates, date and time stamps, and device information. When you upload a photograph to the Platform, that metadata may be transmitted, stored, and, depending on the feature used and your privacy settings, displayed to other users. You are responsible for reviewing and, if appropriate, removing embedded metadata before uploading photographs, particularly photographs of rare or sensitive plant species or photographs taken on private property.

We may receive information about you from third parties, including service providers, analytics providers, social media or single sign-on providers if you choose to use those services, and other users who interact with you through the Platform.

3. How We Use Information

We use information to provide, operate, maintain, support, and improve the Platform; create and manage accounts; authenticate users; provide customer support; respond to requests; personalize experiences; conduct research, analytics, and product development; communicate about the Platform; detect and respond to fraud, abuse, security incidents, and violations of our Terms of Service; comply with law; enforce agreements; and protect rights and safety.

We may aggregate, anonymize, or de-identify information and use that information for any lawful purpose, including research, analytics, and product development.

As described in our Terms of Service, we may use User Content, including photographs and project data, to train, fine-tune, evaluate, and otherwise develop machine learning models, plant identification systems, recommendation engines, and similar artificial intelligence systems used to provide or improve the Platform. We do not currently sell User Content or derived models to third parties. Where controls are available to opt out, you may exercise them through account settings or by contacting us.

We do not sell personal information in exchange for monetary consideration. To the extent any practice is characterized by applicable law as a sale or sharing for cross-context behavioral advertising, we provide the rights and choices required by applicable law.

4. Cookies and Similar Technologies

We and our service providers use cookies, pixel tags, software development kits, and similar technologies to operate the Platform, remember preferences, understand how the Platform is used, and improve it. We use strictly necessary cookies, functional cookies, and analytics cookies. During the soft-launch phase, we do not use cookies for targeted advertising.

You can control cookies through your browser settings. Disabling cookies may affect Platform functionality. Where required by applicable law, we honor recognized opt-out browser signals as opt-out requests for the browser and device that transmits them.

5. How We Share Information

We share information with third-party service providers who perform services on our behalf, including hosting, infrastructure, data storage, analytics, customer support, email delivery, and security. Service providers are authorized to use personal information only as necessary to provide services to us.

We may share information with affiliated entities under common ownership or control. If the Platform is transferred to a separate operating entity, information may be shared with or transferred to that entity.

The Platform may allow you to share information with other users or the public, such as profile information, projects, photographs, comments, and other content you choose to make available. Information shared publicly may be viewed, copied, downloaded, or used by others.

We may share or transfer information in connection with a merger, sale of assets, financing, acquisition, reorganization, or similar transaction. We may also disclose information when we believe in good faith that disclosure is necessary to comply with law, enforce agreements, detect or address fraud or security issues, protect rights or safety, or with your consent.

6. Data Retention

We retain personal information for as long as reasonably necessary to provide the Platform, fulfill the purposes for which it was collected, comply with legal and regulatory obligations, enforce agreements, resolve disputes, and protect rights. When personal information is no longer needed, we will delete, de-identify, or aggregate it in accordance with our retention practices and applicable law. Aggregated or de-identified information may be retained indefinitely.

7. Data Security and Breach Notification

We maintain administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, use, disclosure, alteration, or destruction. No method of transmission or storage is completely secure, and we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials.

In the event of a reportable security breach involving personal information, including under the Florida Information Protection Act, we will provide notice to affected users and required regulators within the time periods and in the manner required by law.

8. Children's Privacy

The Platform is not directed to children under thirteen, and we do not knowingly collect personal information from children under thirteen in violation of the Children's Online Privacy Protection Act. If we learn that we have collected personal information from a child under thirteen without verifiable parental consent, we will take steps to delete it promptly.

Users between thirteen and seventeen may use account-based features only with the consent and supervision of a parent or legal guardian who has accepted the Terms of Service on the minor's behalf.

9. Your Rights and Choices

You may access, review, correct, update, or request deletion of personal information by logging into your account and using tools available within the Platform, or by contacting us. We will respond as required by applicable law and may retain certain information as required by law or for legitimate business purposes.

If you receive marketing emails from us, you may opt out by following the unsubscribe instructions in those emails or by contacting us. We may continue to send non-promotional, administrative, or transactional communications.

You may close your account at any time. Closing your account will not necessarily delete all personal information, as we may retain certain information as permitted or required by law.

10. State Privacy Rights

California residents may have rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act, including rights to request access, deletion, correction, opt out of sale or sharing for cross-context behavioral advertising, limit use and disclosure of sensitive personal information, non-discrimination, and use an authorized agent.

Residents of Florida and other states may have privacy rights under applicable state law, including rights of access, correction, deletion, portability, and the right to opt out of targeted advertising or sale of personal information. If we deny a request in whole or in part, you may appeal by contacting us.

11. Third-Party Websites and Services

The Platform may contain links to third-party websites, applications, or services that are not operated by us, including links to nurseries, plant suppliers, government agencies, and other resources. We are not responsible for the privacy practices of those third parties.

12. International Users

The Platform is operated from the United States and intended for users in the United States. If you access or use the Platform from outside the United States, your information may be transferred to, stored in, and processed in the United States.

13. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. When we do, we will post the updated Privacy Policy on the Platform and update the Effective Date. Material changes will be communicated through the Platform or by other reasonable means. Your continued use after the effective date constitutes acceptance of the updated Privacy Policy.

14. Contact

If you have questions, comments, or requests regarding this Privacy Policy or our privacy practices, or if you wish to exercise any rights described in this Privacy Policy, please contact us at info@81degrees.com.