Garden & Gun Land LLC Privacy Policy

Welcome to Garden & Gun Land!

Garden & Gun LandSM LLC is a proud extension of Garden & Gun®, LLC; a lifestyle brand anchored by its award-winning magazine and passionate audience of over a million readers. Garden & Gun Land believes in an authentic sense of place and an inherent responsibility to the natural world. Through its website (hereafter, the “Site” or “Garden & Gun Land”), the subscriber can access information associated with its products and services, as well as make online inquiries about buying and/or selling quality sporting properties (collectively, the “Services”). We are committed to protecting your Personal Information (described below) and subject to the terms of this Privacy Policy, we will not disclose your Personal Information to any third party without your consent. This Privacy Policy describes:

(i) what Personal Information Garden & Gun Land receives or collects from you or your device,

(ii) how Garden & Gun Land uses and shares your Personal Information with others, and

(iii) your choices and obligations regarding your Personal Information.

Capitalized terms not defined in this Privacy Policy shall have the meaning ascribed thereto in the Garden & Gun Land Terms of Use.

Agreement and Updates

By using or accessing Garden & Gun Land, you agree to be legally bound by the Terms of Use found at www.gardenandgunland.com/terms.php and this Privacy Policy as amended from time to time (collectively, the “Agreement”). If you do not agree with the Agreement without limitation or qualification, you should not access or use Garden & Gun Land. Your continued use of or access to Garden & Gun Land and/or the Services following any changes made to the Agreement will mean that you also accept and agree to be bound by the changes or any then-current Agreement. Because we reserve the right to modify the Agreement at any time without notice to you, please check it regularly for changes. References to “Garden & Gun Land,” “we,” or “us” in the Agreement refer to Garden & Gun Land LLC.

This Privacy Policy was last updated on: April 1, 2015.

Application of this Privacy Policy

This Privacy Policy applies to the Site and the Services and does not extend to anything that is inherent in the operation of any third party website including any of the “Just Push Pay” websites to which the Site links, the Internet, or any other network via which the Services are used or accessed as such third party websites, the Internet, and the other networks may be covered by other terms of use or privacy policies that are beyond our control and which may be inconsistent with the terms and conditions of this Privacy Policy or the Terms of Use.

Garden & Gun Land is not responsible for the privacy practices or the content of any third party websites or services with which Garden & Gun Land communicates or is linked including the “Just Push and Pay” websites. By clicking on a link, logo or any item associated with a third party site, please note that you may be exiting Garden & Gun Land and the protections afforded by this Privacy Policy and the Terms of Use. These third party websites or entities may be governed by their own privacy policies, may send their own cookies or beacons to you, or may collect and/or distribute your Personal Information. We urge you to review carefully the privacy policy of any such third party website or entity prior to accessing or using their services, or providing any of your Personal Information to them.

Your correspondence with, access to, or business dealings through such third party websites or entities, including payment for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are made at your own risk and are solely between you and such third party websites or entities. You acknowledge and agree that Garden & Gun Land is not responsible or liable, directly or indirectly, for any damage, expense or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, advertising, products, services or other materials available on or through any such third party websites or entities.

Contacting Us

If you have any questions about this Privacy Policy, Garden & Gun Land or the Services, you may contact Garden & Gun Land Customer Service at: 409 King Street, Charleston, SC 29403 and/or info@gardenandgunland.com.

Personal Information

Garden & Gun Land collects Personal Information from you to enable us to provide a variety of Services to you and other Visitors and Subscribers and to improve the Services over time. We collect Personal Information that you provide to us and we collect Personal Information about you and your device when you access or use the Site or our Services.

Personal Information You Provide to Us .

When Creating Your Account

When you register or update your Account, you will provide your contact information that we will use to set up or update your Account. Contact Information may include without limitation your name, postal address, email address, and/or telephone number (collectively, your “Contact Information”). Once your account is created, we will provide, or we will ask you to create, a username, password and/or Personal Identification Number (“PIN”) that you will use to access the Site and that we will use for security purposes, such as to authenticate your identity or the identity of your device (e.g., smart phone, computer, tablet computer, etc.) each time you visit the Site or log into Garden & Gun Land (collectively, your “Access Credentials”).

When Creating Your Profile

After your Account is set up, you will provide information that Garden & Gun Land will use to create and update your Profile. Your Profile may include some or all of your Contact Information as well, information associated with your subscription, your usage history (e.g., frequency of access, web pages accessed, duration of access, etc.), blog entries, your purchase history, download history, etc.

When You Provide Subscriber Content

Additionally, you may provide to Garden & Gun Land certain Subscriber Content as such term is defined in the Terms of Use. For example, a Subscriber may upload Subscriber Content that includes without limitation messages that you send through the Site, property or broker information that you upload to the Site, or other information that you provide in any medium (e.g., text, images, video, etc.).

Personal Information

Your Profile, Subscriber Content or any portions thereof (e.g., Contact Information, Access Credentials, etc.) are hereinafter individually or collectively be referred to as “Personal Information.” Garden & Gun Land will not permit your Profile or Contact Information to be made publicly accessible. However, Garden & Gun Land expressly reserves the right to de-identify, encrypt, or otherwise obfuscate your Profile and/or Contact Information and may make such de-identified Profile and/or Contact Information public.

Personal Information We Collect When You Use Garden & Gun Land Services.

We may also collect Personal Information when you access the Services including the following:

1. Device Information. When you use or access Garden & Gun Land, we may collect information associated with the device from which you are communicating, such as your wireless mobile device, tablet computer, laptop computer, desktop computer, or the like. Such device information may identify the make and model of your device; the type or version of your operating system; unique device identifier(s), an Internet Protocol (IP) address, a media access control (MAC) address, or information associated with your service provider or mobile carrier.

2. Usage Information. When you use the Services, we may automatically collect or store certain Personal Information regarding your usage patterns or habits, such as:

o Details of which Services you use and how often you use them, including application names, access point names (APNs), or packet data networks (PDNs).

o Information associated with your communication habits with Garden & Gun Land that identifies occasions when you visit the Site, web pages visited, properties in which you express interest, broker information you provide, payment information (e.g., credit card or account number, billing addresses, shipping addresses, etc.), Garden & Gun Land Content downloaded, network addresses or telephone numbers, time or date of access, bandwidth used, or routing information associated with your communications.

o Device or communication performance information, such as the type or version of your browser, browser protocols, data rates, or information identifying Quality of Service exhibited during a session, dropped communications, etc.

3. Location Information. When you access the Services, we may collect and process information about your device’s actual location using Global Positioning System (GPS) signals sent by your device, from a third party location service, or from terrestrial network signals that identify via which network device, cell, Wi-Fi access point, network address, etc. your device is communicating.

4. Cookies / Beacons . We may collect and store information when you access the Services, and this may include sending one or more cookies or anonymous identifiers to your device. We may also use cookies and anonymous identifiers when you interact with the Services we offer to or other services from our partners, such as advertising services. We may use web beacons (also known as web bugs, clear Graphics Interface Format pixel (or “clear GIFs”), 1 x 1 pixel, etc.) in combination with cookies or other Site functions to understand how you interact with the Garden & Gun Land Site or Services (e.g., Site webpages, advertising content, etc.), or perform web analytics or other administrative functions. Beacons do not collect Personal Information.

New approaches that offer alternatives to cookies and beacons to better protect your privacy and to improve the security of your Personal Information may be explored by Garden & Gun Land or third parties with whom Garden & Gun Land obtains hosting, Site maintenance, or network services. In the event that any of these approaches are used in addition, or as an alternative, to cookies or beacons, Garden & Gun Land will update this Privacy Policy accordingly.

5. Other Data and Changes to this Privacy Policy. We may also require other information for tracking or verifying compliance with our policies, abiding by federal, state and local laws and for editorial and feedback solicitation purposes. In addition, from time to time, we may use your Personal Information for new, unanticipated uses, such as notification of new services, announcements and general communications. If our information practices materially change at some time in the future, we will post such change to the Garden & Gun Land Site before we use your Personal Information for these new purposes, in accordance with the paragraph captioned “Agreement and Updates” above.

Grant of License

Subject to the terms and conditions of this Privacy Policy and the Garden & Gun Land Terms of Use, by accessing or using the Site or Services, you acknowledge, consent to, and hereby grant to Garden & Gun Land a perpetual, non-exclusive, fully paid-up, and royalty-free license to use, display, modify, make derivative works of, obfuscate, de-identify, encode, translate, copy, transmit, or sublicense your Personal Information throughout the universe for our own commercial, research, and quality improvement purposes.

How We Use and Share Your Personal Information

Consent to Our Use, Collection, or Sharing of Your Personal Information .

Your Consent. By registering or updating your Account, using or accessing the Site or Services, and/or creating or updating your Profile, you are voluntarily and unconditionally accepting the terms and conditions of the Garden & Gun Land Terms of Use and this Privacy Policy and are freely accepting and agreeing to our use of your Personal Information in accordance with this Privacy Policy. You further acknowledge and agree that your access or use of the Site or the Services, or providing your Personal Information to us, including any information deemed “sensitive” by applicable law, is entirely voluntary on your part.

Withdrawal of Consent. You have the right to withdraw your consent to Garden & Gun Land collecting, using, or sharing of your Personal Information by closing your account and discontinuing use of or access to the Site and Services.

Uses of Your Personal Information .

1. Our Internal Use. We use your Personal Information for our own internal purposes including providing the Services to you, improving the Services, recording and analyzing how and the amount to which Visitors and Subscribers use the Services.

2. Creating De-identified Personal Information. We may encode, encrypt or obfuscate your Personal Information to create de-identified Personal Information that removes any information that enables you to be identified. We may use the de-identified Personal Information for our own internal purposes, for data aggregation and analytics, and/or when providing Services to you.

3. Our Communications to You. We may communicate with you through email, text messages (e.g., using an Instant Message (IM) protocol, a short message service (SMS) protocol, or some other message protocol), notices of promotions, notices posted via the Garden & Gun Land Site.

We may also, from time to time, send you communications to inform you about how to best use the Services, new features or functionality of the Site, security warnings, planned Service disruptions, promotional and advertising content, a Garden & Gun Land-related event, or a third party’s goods and services. Furthermore, we may send to your device promotional or advertising content, new versions or updates to Garden & Gun Land

4. Your Communications to Us, Other Subscribers, or Third Parties . Many communications that you initiate through Garden & Gun Land including registering for Garden & Gun Land, uploading Subscriber Content, providing property information, etc. may include your Personal Information including without limitation your name, your email address, your phone number, location information, etc.

5. No Communications with other Visitors or Subscribers. Garden & Gun Land will not share your Personal Information with other Visitors, Subscribers, or with any other third party, except when you expressly request that we do so, such as when you provide a property information, potential buyer information, etc. However, Garden & Gun Land reserves the right to analyze such Personal Information in order to provide Services to you and improve the Services. Garden & Gun Land may also encode, encrypt, or otherwise obfuscate the Personal Information to create de-identified Personal Information for data aggregation, performance analytics, or comparative analysis to assist us in improving our Services for you and other Subscribers.

6. Third Party Communications. We do not share your Personal Information with any third parties, except as described in this Privacy Policy or for which you have not given your consent. Except as specified to the contrary in paragraphs 7 –9 of this Section, we will not disclose your Personal Information that is generated or collected through your use of the Services without your consent.

7. Change in Control or Ownership of Garden & Gun Land. If Garden & Gun Land or any of its assets including without limitation the Garden & Gun Land Site, or the Services are acquired or transferred by a third party, we will attempt to notify you so that you may make an informed decision about a new use (if any) of your Personal Information.

8. Communications in case of Harm or Compliance with Applicable Law. We may disclose your Personal Information in special cases when we believe in good faith that such disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property or the rights or property of our members, Subscribers, or others. We also may disclose your Personal Information when we believe in good faith that the law, legal process or a lawful investigation requires it.

9. Security. We exercise great care to protect your Personal Information that is stored on our servers or those of a third party. Your Personal Information is handled by Garden & Gun Land authorized personnel or third parties that are authorized by us. Unfortunately, no data transmission over the Internet can be guaranteed to be secure, and we will not be held liable should a third party illegally obtain your Personal Information following Delivery (described below) or prior to Receipt (described below) of your Personal Information by Garden & Gun Land. While we work to protect your Personal Information, we cannot ensure and do not warrant the security of any Personal Information you transmit to or from us, and you do so at your own risk.

Delivery and Receipt of Personal Information

Receipt and Delivery of Personal Information . You expressly acknowledge and agree that Garden & Gun Land, its members, directors, officers, employees, and agents shall have no responsibility or liability whatsoever associated with any Personal Information prior to its receipt by Garden & Gun Land Equipment (e.g., servers, computers, etc.) from any Subscriber or Visitor, or following the delivery of Personal Information by the Garden & Gun Land Equipment to any Subscriber or Visitor.

You expressly acknowledge and agree that Garden & Gun Land shall have no responsibility whatsoever for any breach, loss, or theft of any Personal Information on any device of Subscriber or Visitor that can access or use the Garden & Gun Land Services, or during transmission (before receipt or after delivery) of such Personal Information to or from the Garden & Gun Land Equipment.

Indemnification. You agree to the fullest extent permitted by applicable law to forever defend, indemnify, and hold harmless Garden & Gun Land and its employees, directors, officers, successors, and assigns (the “Indemnified Parties”) from any and all loss, cost, liability, and expense (including reasonable attorneys’ and experts’ fees) arising out of any Visitor, Subscriber, their Internet service provider, or your use, storage, duplication, copying, modification, transmission, loss, or theft of any Personal Information (i) after the Delivery from the Garden & Gun Land Equipment of such Personal Information to Visitor, Subscriber, or third party including any Internet service provider, or (ii) prior to the Receipt by the Garden & Gun Land Equipment of such Personal Information.

The Indemnified Parties reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide defense to the Indemnified Parties in that matter, but shall remain responsible to reimburse Garden & Gun Land and each of the Indemnified Parties for its defense expenses. This section shall survive the termination or cancellation of this Privacy Policy or any termination or suspension of your use of or access to all or any aspect of the Services.

Your Choices and Obligations Regarding your Personal Information

Rights to Access, Change, or Delete Your Personal Information.

You may review or modify your Contact Information, Access Credentials, or Subscriber Content. To ensure that we can continue providing the Services, performing security functions (for example, authenticating your identity), and maintaining your account, you are not permitted to delete certain Personal Information including your Contact Information, Access Credentials, device information and usage information.

Rights to Terminate and Delete Your Account .

You may terminate your Garden & Gun Land account at any time. When you request to terminate your account, your Profile including your usage history will be deleted from the Site and from Garden & Gun Land’s Equipment. Because of the way we maintain Garden & Gun Land, such deletion may not be immediate, and residual copies of your Profile (including your usage history) may remain on backup media for up to ninety (90) days. Notwithstanding the foregoing, Garden & Gun Land reserves the right to retain some or all of your Personal Information if, in our sole discretion, we determine that it is reasonably necessary to comply with applicable law, meet our legal obligations, comply with regulatory requirements, resolve disputes between Subscribers, prevent fraud and abuse, or enforce this Privacy Policy and the Garden & Gun Land Terms of Use. Furthermore, Garden & Gun Land reserves the right to retain a copy of a de-identified version of your Profile for its own business purposes.

Your Obligations and Warranty .

You have certain obligations to other Subscribers under this Privacy Policy and in accordance with applicable law and regulations. Accordingly, you shall, at all times, abide by the terms and conditions of the this Privacy Policy and the Garden & Gun Land Terms of Use as they may be amended from time to time, as well as other policies of Garden & Gun Land including respecting all intellectual property rights that may belong to third parties, such as trademarks or copyrights. You agree not to upload or otherwise disseminate any information that may violate the rights of others including infringing or misappropriating any intellectual property rights of others, or which may be deemed to be injurious, defamatory, slanderous, libelous, untruthful, violent, offensive, racist, or xenophobic, or which may otherwise violate the purpose and spirit of Garden & Gun Land and its community of Visitors and Subscribers. You warrant that any information that you provide, post, or upload to Garden & Gun Land is (i) an original work by you or (ii) a work by someone other than you and from whom you have received express authorization to provide such work to Garden & Gun Land. You further agree to keep your Access Credentials strictly confidential and to not share them with others.

Any violation of your obligations, this Privacy Policy, or those set forth in the Garden & Gun Land Terms of Use or elsewhere may lead to the restriction, suspension, or termination of your Account at the sole discretion of Garden & Gun Land.

Policy Toward Children

Garden & Gun Land, the Site and the Services are not a website or online service that is directed toward children under thirteen (13) years of age within the meaning of the Children’s Online Privacy Protection Act of 1998 (COPPA), and no Services or Garden & Gun Land Content are directed to persons under the age of thirteen (13) (the “Minimum Age”).

If you become aware that your child has provided us with Personal Information without your consent, please contact us at info@gardenandgunland.com. We do not knowingly collect Personal Information from children below the Minimum Age. If we become aware that a child under the Minimum Age has provided us with Personal Information, we will take steps to promptly remove such Personal Information and terminate the account associated with the child.

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