Terraformation Privacy Policy

Last Updated: September 2024
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This Privacy Policy is designed to help you understand how Terraformation Inc. (“Terraformation”, “we”, “us”, or “our”) collects, uses, and shares your personal information and to help you understand and exercise your privacy rights.
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1. SCOPE

2. PERSONAL INFORMATION WE COLLECT

3. HOW WE USE YOUR PERSONAL INFORMATION

4. HOW WE DISCLOSE YOUR PERSONAL INFORMATION

5. YOUR PRIVACY CHOICES AND RIGHTS

6. SECURITY OF YOUR PERSONAL INFORMATION

7.  INTERNATIONAL DATA TRANSFERS / APPLICABLE DATA PROTECTION LAWS

8. RETENTION OF PERSONAL INFORMATION

9. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS

10. CHILDREN’S INFORMATION

11. OTHER PROVISIONS

12. CONTACT US

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1.  SCOPE

This Privacy Policy applies to personal information processed by us, including on our websites (including, without limitation, the websites available at https://terraformation.com and https://terraware.io), mobile applications (including the Terraware application), and other online or offline offerings that we own or control and which incorporate by reference or link to this Privacy Policy.

To make this Privacy Policy easier to read, our websites, mobile applications, and other offerings are collectively called the “Services.” Use of the Services is subject to the Terms of Service (or, in the case of our mobile application(s), the End User License Agreement linked within its listing in the applicable app store)(or, in the case of our mobile application(s), the End User License Agreement linked within its listing in the applicable app store)(collectively, collectively, “Terms of Service”), and this Privacy Policy is incorporated into and forms a part of the Terms of Service, together with all other terms and policies linked or otherwise referenced within the Terms of Service or hereunder.

For the avoidance of doubt, information that we collect or process in connection with our accelerator application process or due diligence on reforestation or forestry financing or development projects are governed by separate terms as executed between Terraformation and you, and are not subject to this Privacy Policy except to the extent expressly stated in the separate terms applicable to you.
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As used in this Privacy Policy, "personal information" means information that can be used to identify you under applicable data privacy laws. The term “personal information” can include information such as your name, address, telephone number, and email address, but can also include indirect identifiers such as your IP address or device identifier.

Unless otherwise stated, all references to “information” and “your information” in this Privacy Policy should be read as references to personal information. We may also process data in relation to your use of the Services which does not identify you and is not directly linked to your personal information. Such data is not personal information, and is not subject to the terms addressing “personal information” in this Privacy Policy.

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2.  PERSONAL INFORMATION WE COLLECT

The categories of personal information we collect depend on how you interact with us, our Services, and the requirements of applicable law. We collect personal information that you provide to us directly, personal information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.
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1. Information You Provide to Us Directly

We may collect the following personal information from you when you submit it to us directly.
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• Account Creation. We may collect information when you create an account, such as name, email address, and username/alias.
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• Purchases or Donations. We may collect personal information and details about your purchases, subscriptions, and/or donations, including payment information. Any payments made via our Services are processed by third-party payment processors. We do not directly collect or store any payment card information entered through our Services, but we may receive information associated with your payment card information (e.g., your billing details).
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• Your Communications with Us. We may collect personal information, such as email address, phone number, or mailing address when you request information about our Services, register for our newsletter or loyalty program, request customer or technical support, apply for a job, or otherwise communicate with us.
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• Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.
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• Interactive Features. We and others who use our Services may collect personal information that you submit or make available through our interactive features (e.g., messaging and chat features, commenting functionalities, forums, blogs, and social media pages). Any information you provide using the public sharing features of the Services will be considered “public,” unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein.
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• Sweepstakes or Contests. We may collect personal information you provide for any sweepstakes or contests that we offer. In some jurisdictions, we are required to publicly share information of sweepstakes and contest winners.
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• Conferences, Trade Shows, and Other Events. We may collect personal information from individuals when we attend conferences, trade shows, and other events.
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• Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.
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• Job Applications. We may post job openings and opportunities on our Services. If you reply to one of these postings by submitting your application, CV and/or cover letter to us, we will collect and use your personal information to assess your qualifications.
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• Your Content. We will process any personal information included in your submissions to the Services for the purposes described in this Privacy Policy, including documents, text or graphics, files, or other data or materials that you upload, post, display, share, or otherwise submit for processing by our Services.
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You are responsible for verifying the accuracy of the personal information you submit (or that is submitted on your behalf) to the Services and ensuring that any personal information that you provide (directly or indirectly) is kept up to date for the purposes for which you provide it. Inaccurate information may affect your ability to use the Services, the information you receive when using the Services, and our ability to contact you.
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2. Information Collected Automatically

We, as well as third parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through your use of our Services.‍

Cookies are small text files placed in device browsers that store preferences and facilitate and enhance your experience.‍ A pixel tag (also known as a web beacon) is a piece of code embedded in our Services that collects information about engagement on our Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.  
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We use such Technologies as described below:
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• Automatic Data Collection. We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, browser or device information, location information (including approximate location derived from IP address), and Internet service provider. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, your progress with any courses taken, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services.‍

Additionally, if you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect information about you from that third-party application that you have made available via your privacy settings.
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• Location Information. We may collect precise location information, such as IP addresses, when you login to your account or when you otherwise use our Services. In addition, our mobile app collects GPS location data during seed collection for plant monitoring and otherwise to provide our Services.
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Our uses of these Technologies fall into the following general categories:
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• Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular website behavior, prevent fraudulent activity and improve security or that allow you to make use of our functionality;
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• Performance-Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how individuals use our Services (see Analytics below);
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• Functionality-Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;
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• Advertising- or Targeting-Related. We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third-party websites. 
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See “Your Privacy Choices and Rights” below to understand your choices regarding these Technologies.
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• Analytics . We may use Technologies and other third-party tools to process analytics information on our Services. Some of our analytics partners include:
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• Google Analytics. For more information, please visit Google Analytics’ Privacy Policy. Learn more about how to opt-out of Google Analytics’ use of your personal information.
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• LinkedIn Analytics. For more information, please visit LinkedIn Analytics’ Privacy Policy. To learn more about how to opt-out of LinkedIn’s use of your personal information.

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3. HOW WE USE YOUR INFORMATION

We use your personal information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.
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1. Provide Our Services

We use your personal information to fulfill our contract with you and provide you with our Services, such as:
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• Managing your accounts;
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• Providing access to certain areas, functionalities, and features of our Services;
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• Answering requests for customer or technical support;
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• Communicating with you about your account, activities on our Services, and policy changes;
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• Processing your financial information and other payment methods for products or Services purchased or donations;
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• Processing applications if you apply for a job we post on our Services; and
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• Allowing you to register for events.
  
  

2. Administrative Purposes

We use your personal information for various administrative purposes, such as:
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• Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
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• Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
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• Measuring interest and engagement in our Services;
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• Improving, upgrading or enhancing our Services;
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• Developing new products and Services;
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• Ensuring internal quality control and safety;
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• Authenticating and verifying individual identities, including requests to exercise your rights under this policy;
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• Debugging to identify and repair errors with our Services;
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• Auditing relating to interactions, transactions and other compliance activities;
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• Enforcing our agreements and policies; and
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• Complying with our legal obligations.
  
  

3. Marketing and Advertising our Products and Services

We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law.
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Some of the ways we may market to you include email campaigns, text messages, custom audiences advertising, and “interest-based” or “personalized advertising,” including through cross-device tracking.

If you have any questions about our marketing practices, you may contact us at any time as set forth in “Contact Us” below.

4. Other Purposes

We also use your personal information for other purposes as requested by you or as permitted by applicable law.
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• Consent. We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.
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• De-identified and Aggregated Information. Where permitted by law, we may combine any of the information that we collect from you with other information, including information that we obtain from third parties, or with information derived from any other products or services we provide.  We may combine and use personal information and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, information about the device from which you access our Services, or other analyses we create. De-identified and/or aggregated information is not personal information, and we may use and disclose such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. 
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• Share Content with Friends or Colleagues. Our Services may offer various tools and functionalities. For example, we may allow you to provide information about your friends through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Please only share with us contact information of people with whom you have a relationship (e.g., relative, friend, neighbor, or co-worker).

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4. HOW WE DISCLOSE YOUR PERSONAL INFORMATION

We disclose your personal information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.
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1. Disclosures to Provide our Services

The categories of third parties with whom we may share your personal information are described below.
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• Service Providers. We may share your personal information with our third-party service providers and professional advisors who use that information to help us provide our Services. This includes third parties that provide us with IT support, hosting, payment processing, customer service, banking and legal services, insurance, and related services. 
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• Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information to business partners with whom we jointly offer products or services.
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• Advertising Partners. We may share your personal information with third-party advertising partners. These third-party advertising partners may set Technologies and other tracking tools on our Services to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.”
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If you do not wish to receive our interest-based advertising, you may opt out by limiting the deployment of cookies to “Strictly Necessary Cookies” in our Cookie Declaration, by selecting certain options in the settings of the browser or device that you use to access the Services, or by using third-party applications and programs.

2. Disclosures to Protect Us or Others

We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity. If we determine that it is necessary and advisable to disclose your personal information to a third party in connection with the foregoing purposes, we may do so without notice to you.
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3. Disclosure in the Event of Merger, Sale, or Other Asset Transfers

If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your personal information may be transferred as part of such a transaction, as permitted by law and/or contract.‍^‍‍‍

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5. YOUR PRIVACY CHOICES AND RIGHTS

Your Privacy Choices. The privacy choices you may have about your personal information are determined by applicable law and are described below.
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• Email and Telephone Communications. By creating an account for our Services, or by entering an e-mail address to subscribe to our newsletter, you consent to receive communications from us, which may include marketing, promotional, transactional, and administrative messages (both electronic and, where permitted, non-electronic) using the contact information that you have provided.
  
  If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding our Services or updates to our Terms or this Privacy Policy). 
  
  Additionally, because our system for processing opt-out requests is not automatic, your request may not be processed immediately. You may continue to receive some communications from us during the processing period.
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We process requests to be placed on do-not-mail, do-not-phone, and do-not-contact lists as required by applicable law.
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• Text Messages. You may opt out of receiving text messages from us by following the instructions in the text message you have received from us or by otherwise contacting us.
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• Mobile Devices. We may send you push notifications through our mobile application. You may opt out from receiving these push notifications by changing the settings on your mobile device. With your consent, we may also collect precise location-based information via our mobile application. You may opt out of this collection by changing the settings on your mobile device.
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• “Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. As of the date on which this Privacy Policy was last updated, however, there is no standardized DNT signal. As such, we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.‍ If you do not wish to be tracked, you may be able to opt out by selecting certain options in the settings of the browser or device that you use to access the Services, or by using third-party applications and programs.
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• Cookies and Interest-Based Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android, iOS, and others.
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The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs.

You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada.

Please note you must separately opt out in each browser and on each device.‍‍

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6. SECURITY OF YOUR PERSONAL INFORMATION

We take steps to ensure that your personal information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us.

If you elect to provide any personal information to us, you should be aware that you provide it at your own risk. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure arising from your failure to keep your account information secure.
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By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. You further agree that you are responsible for securing the account that you use to access our Services, which may include, as applicable, monitoring your account activities, choosing a secure password, and maintaining the confidentiality of your password. 

If we learn of a security system’s breach, we will use commercially reasonable efforts to notify you electronically by posting a notice on our Services, by mail, or by sending an email to you at the address associated with your account.

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7. INTERNATIONAL DATA TRANSFERS / APPLICABLE DATA PRIVACY LAWS

As of the “Last Updated” date indicated on this page, Terraformation is not subject to state-level data privacy laws of the United States or the European Union, including California, Colorado, Connecticut, Montana, Oregon, Utah, or Virginia.

All information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your personal information consistent with the requirements of applicable laws.

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8. RETENTION OF PERSONAL INFORMATION

We store the personal information we collect as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.  All personal information subject to this Privacy Policy is retained in accordance with our policies and practices, applicable law, and contractual obligations.

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9. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS

If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth below.

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10. CHILDREN’S INFORMATION

The Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information from children.
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If you are a parent or guardian who believes your child has uploaded personal information to our site without your consent, you may contact us as described in “Contact Us” below. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and terminate the child’s account if applicable.

11. OTHER PROVISIONS

Third-Party Websites/Applications. The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us.

We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.
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Changes to our Privacy Policy. We may revise this Privacy Policy from time to time at our sole discretion. If there are any material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting any amendments to this page, and/or using such other means as required by applicable law.

Any modifications to this Privacy Policy will be effective upon the earlier of the posting of the new terms, upon implementation of the new changes within the Services, or as otherwise indicated at the time of posting. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use our Services after the new Privacy Policy takes effect. ‍

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12. CONTACT US

Terraformation is the controller of personal information that is processed under this Privacy Policy.
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If you have any questions about our privacy practices or this Privacy Policy, or to exercise your rights as detailed in this Privacy Policy, please contact us at:
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Terraformation Inc.
1441 Kapiolani Boulevard, Suite 1114
PMB 15777
Honolulu, Hawaii 96814-4406
USA
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privacy@terraformation.com