California Personal Information means Personal Data that is subject to the protection of the CCPA.
CCPA means California Civil Code Sec. 1798.100 et seq. (also known as the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 or "CPRA").
Consumer, Business, Sell, Service Provider, and Share will have the meanings given to them in the CCPA.
Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data.
Data Protection Laws means all applicable worldwide legislation relating to data protection and privacy which applies to the respective party in the role of Processing Personal Data in question under the Agreement, including without limitation European Data Protection Laws, the CCPA and other applicable U.S. federal and state privacy laws, and the data protection and privacy laws of Australia, Singapore, and Japan, in each case as amended, repealed, consolidated or replaced from time to time; with regard to Garden IQ, Data Protection Laws exclude laws governing Sensitive Data, as defined in the
Terms of Use.
Data Subject means the individual to whom Personal Data relates.
Instructions means the written, documented instructions issued by a Controller to a Processor, and directing the same to perform a specific or general action with regard to Personal Data (including, but not limited to, depersonalizing, blocking, deletion, making available).
Permitted Affiliates means any of your Affiliates that (i) are permitted to use the Services pursuant to the Agreement, but have not signed their own separate agreement with us and are not an Account User as defined under the Agreement, (ii) qualify as a Controller of Personal Data Processed by us, and (iii) are subject to Data Protection Laws.
Personal Data means any information relating to an identified or identifiable individual where (i) such information is contained within Customer Data; and (ii) is protected similarly as personal data, personal information, or personally identifiable information under applicable Data Protection Laws.
Personal Data Breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise Processed by us and/or our Sub-Processors in connection with the provision of the Service. "Personal Data Breach" will not include unsuccessful attempts or activities that do not compromise the security of Personal Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems.
Processing means any operation or set of operations which is performed on Personal Data, encompassing the collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction or erasure of Personal Data. The terms Process, Processes, and Processed will be construed accordingly.
Processor means a natural or legal person, public authority, agency or other body which Processes Personal Data on behalf of the Controller.
Sub-Processor means any Processor engaged by us or our Affiliates to assist in fulfilling our obligations with respect to the provision of the Service under the Agreement. Sub-Processors may include third parties or our Affiliates but will exclude any Garden IQ employee or consultant.