Privacy Shield Policy

This Privacy Shield Policy (“Policy”) describes how GROW Inc (“Grow”) and its subsidiaries and affiliates in the United States (“US”) (“Company,” “we,” or “us”) collect, use, and disclose certain personally identifiable information that we receive in the US from the European Economic Area (“EEA Personal Data”) and Switzerland (“CH Personal Data”) (collectively “EEA/CH Personal Data”).

Grow recognizes that the EEA has established strict protections regarding the handling of EEA Personal Data, including requirements to provide adequate protection for EEA Personal Data transferred outside of the EEA. To provide adequate protection for certain EEA/CH Personal Data about consumers/corporate customers/clients/suppliers/business partners received in the US, Grow has elected to self-certify to the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework administered by the US Department of Commerce (collectively “Privacy Shield”).

Grow Inc has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

For purposes of enforcing compliance with the Privacy Shield, Grow is subject to the investigatory and enforcement authority of the US Federal Trade Commission. For more information about the Privacy Shield, see the US Department of Commerce’s Privacy Shield website located at: https://www.privacyshield.gov.

Personal Data Collection and Use

Grow will only process EEA/CH Personal Data in ways that are compatible with the purpose that Grow collected it for, or for purposes the individual later authorizes. Before we use your EEA/CH Personal Data for a purpose that is materially different than the purpose we collected it for or that you later authorized, we will provide you with the opportunity to opt out. Grow maintains reasonable procedures to help ensure that EEA/CH Personal Data is reliable for its intended use, accurate, complete, and current.

We may collect the following categories of sensitive EEA/CH Personal Data: information about customers,potential customers, prospects and partners. We process sensitive EEA/CH Personal Data for the following purposes: provide requested services; send emails or other information or materials requested; understand needs and interests and tailor the Site and our services accordingly; respond to questions and comments and provide customer support; communicate about our services, offers, and promotions; operate, evaluate, and improve our business and the services we offer; enforce our Terms of Service and other agreements; and comply with applicable legal requirements and industry standards. When we collect sensitive EEA/CH Personal Data, we will obtain your opt-in consent where the Privacy Shield requires, including if we disclose your sensitive EEA/CH Personal Data to third parties, or before we use your sensitive EEA/CH Personal Data for a different purpose than we collected it for or than you later authorized.

Data Transfers to Third Parties

Third-Party Agents or Service Providers. We may transfer EEA/CH Personal Data to our third-party agents or service providers who perform functions on our behalf. Where required by the Privacy Shield, we enter into written agreements with those third-party agents and service providers requiring them to provide the same level of protection the Privacy Shield requires and limiting their use of the data to the specified services provided on our behalf. We take reasonable and appropriate steps to ensure that third-party agents and service providers process EEA/CH Personal Data in accordance with our Privacy Shield obligations and to stop and remediate any unauthorized processing. Under certain circumstances, we may remain liable for the acts of our third-party agents or service providers who perform services on our behalf for their handling of EEA/CH Personal Data that we transfer to them.

Disclosures for National Security or Law Enforcement. Under certain circumstances, we may be required to disclose your EEA/CH Personal Data in response to valid requests by public authorities, including to meet national security or law enforcement requirements.

Security

Grow maintains reasonable and appropriate security measures to protect EEA/CH Personal Data from loss, misuse, unauthorized access, disclosure, alteration, or destruction in accordance with the Privacy Shield.

Access Rights

You may have the right to access the EEA/CH Personal Data that we hold about you and to request that we correct, amend, or delete it if it is inaccurate or processed in violation of the Privacy Shield. These access rights may not apply in some cases, including where providing access is unreasonably burdensome or expensive under the circumstances or where it would violate the rights of someone other than the individual requesting access. If you would like to request access to, correction, amendment, or deletion of your EEA/CH Personal Data, you can submit a written request to the contact information provided below. We may request specific information from you to confirm your identity. In some circumstances we may charge a reasonable fee for access to your information.

Questions or Complaints

You can direct any questions or complaints about the use or disclosure of your EEA/CH Personal Data to us at privacy@grow.com. You may also contact our EEA affiliate Grow International Limited at privacy@grow.com with any questions or concerns. We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of your EEA/CH Personal Data within 45 days of receiving your complaint. GROW Inc has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning data transferred from the EU and Switzerland. For any unresolved complaints, we have agreed to cooperate with the United Kingdom Information Commissioner Office (“ICO”). If you are unsatisfied with the resolution of your complaint, you may contact the ICO at https://ico.org.uk/concerns/ for further information and assistance.

Binding Arbitration. You may have the option to select binding arbitration for the resolution of your complaint under certain circumstances, provided you have taken the following steps: (1) raised your complaint directly with GROW and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the US Department of Commerce an opportunity to resolve the complaint at no cost to you. For more information on binding arbitration, see US Department of Commerce’s Privacy Shield Framework: Annex I (Binding Arbitration).

Contact Us

If you have any questions about this Policy or would like to request access to your EEA/CH Personal Data,please contact us as follows: Ryan Voorhis privacy@grow.com

Changes To This Policy

We reserve the right to amend this Policy from time to time consistent with the Privacy Shield’s requirements.

Effective Date: 31 December 2017

Last modified: 29 January 2018