FERTICALM LLC :

PRIVACY POLICY : VERSION 1.0

EFFECTIVE DATE: NOVEMBER 1, 2016

LAST REVISED ON: NOVEMBER 1, 2016

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE

We are pleased that you have elected to visit this websitewww.ferticalm.com (the "Site"), operated by, or on behalf of, FertiCalm LLC. FertiCalm LLC and its related companies (the "Company", "we", "our", or "us") respects the privacy rights of its online visitors ("you", "your", or "yours") and recognize the importance of protecting the information collected about them. We provide this statement (the "Privacy Policy") to help you to understand what we may do with any personal information that we obtain from you and that you provide to us ("Personal Information"). This Privacy Policy guides how we collect, store and use the information that you provide us with when communicating electronically with the Site via email or otherwise. This Privacy Policy does not govern Personal Information collected from any other source or in any other manner. Furthermore, this Privacy Policy is incorporated by reference into the Terms of Use of the Company's Site.

By providing your Personal Information to us, you signify your acceptance of this Privacy Policy and agree that we may collect, use and disclose your Personal Information as described in this Privacy Policy. Please exit the Site immediately if you do not accept this Privacy Policy or are accessing the Site in a country or other territory where use of the Site is not permitted.

We may update this Privacy Policy from time to time. We recommend that you regularly check this page to ensure that you have read the most recent version.

CALIFORNIA PRIVACY RIGHTS

• Under California law, California residents who have provided personally identifiable information to a company may have the right to request a list of all third parties to whom that company had disclosed such information for the third parties' direct marketing purposes during the preceding calendar year, along with a list of the categories of Personal Information that had been so disclosed. However, the Company's policy, as disclosed on this Website, does not currently permit the Company to share the Personal Information collected at this Website about you with non-affiliated third parties for such third parties' direct marketing purposes. Moreover, even if the Company's policy permitted the disclosure of Personal Information to third parties for such third parties' direct marketing purposes, because the Company would provide you with an opportunity to opt out of such disclosure, the Company would not have to provide you with such lists. If you are a California resident who would like information on how to exercise your rights concerning third party disclosures, you may send an email to or contact us via postal mail at:
• FertiCalm LLC Attn: California Privacy Rights Administrator info@ferticalm.com

TYPES OF INFORMATION COLLECTED and HOW COLLECTED INFORMATION IS USED

• The following information is provided by the Company to enable our online visitors to be fully informed of our Privacy Policies.
• Information Collected The Company receives and collects Personal Information when you contact us by completing and submitting a request form. Either way, Personal Information including your name, email address, phone numbers and address is retained so that we can contact you and be able to advise you of the status thereof.
• The following is a list of the type of data that we may collect and process about you:
• Information You Give Us - Any information you may provide when you contact us or send us an electronic communication; We collect your‎ name, email address, phone number, username, password, demographic information (such as your gender and occupation) as well as other information you directly give us on our Site.
• Information We Get From Others. We may get information about you from other sources. We may add this to information we get from this Site.
• Information Automatically Collected. We automatically log information about you and your computer. For example, when visiting our Site, we log your computer operating system type, browser type, browser language, the website you visited before browsing to our Site, pages you viewed, your computer's IP address, password information, page interaction information, traffic data, location data, weblogs, other data about the resources that you access, how long you spent on a page, access times and information about your use of and actions on our Site. Details of any transactions you carry out through the Site including the placement of any orders by you, if any.
• The Company encourages you to review the privacy statements of websites you choose to link to or from this website so that you can understand how those websites collect, use and share your information. The Company is not responsible for the privacy statements or other content on websites outside of the Company's website.

Cookies

• Use of Cookies on Our Website:

• In common with many websites, we use "cookies" to help us gather and store information about visitors to our Site. A cookie is a small data file that our server sends to your browser when you visit the Site. The use of cookies helps us to assist you in your use of certain aspects of the Site. This website uses two kinds of cookies: so-called "session" cookies, which are deleted from your computer when you leave the Website and are used purely to help you to navigate around the Website; and "persistent" cookies, which remain on your computer so that the Website can recognize you when you return. We may also use standard Internet tools, such as web beacons, which collect information that tracks your use of our website and enables us to customize our services and advertisements.
• We may also use third-party advertising companies to target and show you advertisements when you visit the Website. These third-party advertisers may send "cookies" to your computer or other accessing device to gather information about your preferences in order to provide you with advertising that is more likely to relate to your interests.
• Most web browsers can be set to prevent you from receiving new cookies, notify you before accepting cookies or disable cookies altogether. Details about this can normally be found in the "Help" facility provided with your browser. Please note that if you disable cookies you may not be able to take advantage of some of the Website's interactive functionality.

Information from Cookies May be Used for the Following Purposes:

• Traffic monitoring, for example, the IP address from which you access the Site, the type of browser and operating system used to access the Site, the date and time of your access to the Site, the pages you visit, and the Internet address of the website from which you accessed our Site;
• To recognize repeat visitors for statistical/analytical purposes; or
• Anonymous tracking of interaction with online advertising, for example, to monitor the number of times that a banner ad is displayed and the number of times it is clicked. We may connect the information that we collect through cookies with other Personal Information that you provide to us. Such purposes are:
• To customize or personalize your experience of the Site; for example, so that we can greet you on the site by name;
• For transactional purposes, such as credit card sales; or
• To monitor your use of the Site in order to make our communications with you as relevant as possible; for example, by sending you email communications relevant to the parts of the Site that you visit most often or by letting you know about features of the Site that you have not accessed previously. We may compile and report to third parties (such as advertisers) aggregate statistics about our users in terms of numbers, traffic patterns and related site information.

How Personal Information May be Used:

• In order to provide you with efficient and reliable services and to improve product and service options available to you, the Company may share your Personal Information, excluding any medical information, with our affiliates as required or permitted by applicable law. Our affiliates are companies controlled or owned by us, or companies that control us, or are under common control with us.
• The Company will not sell, rent, lease or market Personal Information collected on this website to non-affiliated third parties for their marketing purposes. However, regardless of whether you have chosen to limit our sharing of your Personal Information as collected on the website, the Company may, without restriction, disclose aggregated statistics about visitors to its Website, along with specific information concerning individual visitors of its website that is not Personal Information, provided that no specific individual can be identified by the information so disclosed.
• The Company may use your Personal Information to provide you with a personalized website experience, send you newsletters and to provide other update or informational services (including, without limitation, alerts for new features and/or enhancements; special offers; upgrade opportunities; contests, promotions and/or other events that may be of interest to you). We will also use your details to manage your account. We may also use this information to deliver services that you requested, contact you via direct postal mail and/or electronically to the extent such activity is permitted by law, regarding your relationship with the Company and otherwise as you permit. You may opt out of receiving electronic information from the Company by e-mailing us at info@ferticalm.com. Additionally, at the time that the Company provides you with information electronically, we will also provide you with an opportunity to opt out of receiving future information electronically.
• If you choose to receive our emails from time-to-time we will use the information you provide to promote the products and services of our business partners or affiliates of the Company via email or direct mail. We do collate information about site traffic, sales, wish list, and other commercial information which we may pass on to third parties but this information does not include any information which can identify you personally. We strive to limit use of your information to those offers that we think you would appreciate receiving. Finally, we may use your Personal Information for our internal marketing and demographic studies, together with non-personal data to monitor customer patterns so we can consistently improve our site design to better meet our visitors' needs. If we change our policy on disclosure to others, we will inform you and give you the choice of opting out.
• Regardless of whether you have chosen to limit our sharing of your Personal Information as collected on the website, your Personal Information may be disclosed to:
• our service providers and subcontractors, including our affiliates, retained to perform functions on our behalf or to provide services to us, such as fulfillment, warehousing and delivery companies; marketing and advertising; data processing; software development; transaction processing credit and anti-fraud checks; marketing services; website hosting and management; information technology and office services; legal, accounting, audit and other professional service providers. In such situations, the Company requires that these companies agree to (a) maintain the confidentiality of your Personal Information and (b) limit the use of such Personal Information to the purposes for which it was provided. Furthermore, in compliance with privacy laws, we also provide our opt-out lists to non-affiliated third party companies so that they can be suppressed from the communications those companies send on the Company's behalf;
• The prospective seller or buyer of the Company's business or assets, including where the Company or substantially all of the Company's assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets (but in the event of such a change of ownership, your Personal Information will continue to be protected by this Privacy Policy unless and until you are notified of a change);
• Finally, regardless of whether you have chosen to limit our sharing of your Personal Information as collected on the Website, your Personal Information may be disclosed to non-affiliated third parties as either permitted by, or to comply with, applicable laws and regulations. For example, the Company may disclose your Personal Information to comply with investigations by regulatory authorities or enforcement agencies in the United States of America or elsewhere, or to protect against or prevent actual or potential fraud. Furthermore, the Company may disclose your Personal Information if it has a reasonable good faith basis to believe that it is under a duty to disclose or share your personal data in order to: comply with any legal or regulatory obligation; respond to inquiries or requests from public authority; enforce or apply the Company's Terms of Use and other agreements; permit us to pursue available remedies or limit the damages that we may sustain; or protect the rights, property, safety or security of the Company, our employees, agents, contractors, customers, the visitors of the Site or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

YOUR PRIVACY CHOICES – LIMITING INFORMATION SHARING/ACCESSING YOUR INFORMATION

• To protect the confidentiality of your information and respect your wishes for how it is used the Company offers "opt out" alternatives. Specifically, you may instruct us: (i) not to share Personal Information about you with our affiliates and/or, (ii) if our policy were to change so that we proposed to do so, not to share Personal Information about you with an outside company for such company's marketing purposes.
• If you choose to opt-out, we will not send you alerts for new features nor enhancements; special offers; upgrade opportunities; contests or events of interest. At all times, we will offer you the opportunity to opt-out of any service to which you have subscribed. Any email we send you will contain an automated opt-out link. Simply follow the indications in the email.
• If for any reason you are concerned that the Personal Information held by the Company is not correct, or would like to modify your privacy choices, please contact us through the Contact Us page and provide the correct or updated information.

PROTECTION AND SECURITY OF INFORMATION

• The Company maintains reasonable standards of confidentiality and security for this Website and the Personal Information collected from this Website. The Company also restricts its own employees' access to Personal Information. However, it is possible that someone may intercept or access communications, transmissions and/or Personal Information. You must also seek to protect against unauthorized access to any information and/or account that you use in connection with this website, and you should remember close the browser using the website once you have completed your activities on the website or if you have decided to step away from your computer.
• In the event that the Company determines that there has been a security breach resulting the unauthorized disclosure of Personal Information to a third party, the Company will promptly notify website visitors whose Personal Information it reasonably believes has been compromised by posting information on the Website.

LINKS

• The Site may contain links or references to other websites outside of our control. Links to other websites may use our Site logo or style as a result of a co-branding agreement. These websites may send their own cookies to you and may collect data and make use of that data in ways that this Site would not. Please be aware that we have no control over these websites and our Privacy Policy does not apply to these sites. We encourage you to read the Privacy Policies and terms of use linked or referenced in the websites you enter.
• As required, this Privacy Policy may be supplemented by additional legal requirements in jurisdictions where we conduct business. Nothing in this Privacy Policy or otherwise will create, or add to, any right or claim (whether legal, equitable or otherwise) that any individual or person may have at law or otherwise against the Company or any third party or any of their respective directors, officers, managers, employees, agents or representatives; nor will the existence of this Privacy Policy or its application impose or add to any obligations or liability upon the Company that the Company does not already otherwise have under law.

USE OF THE WEBSITE BY MINORS

• The Website is only for use by individuals in the United States 18 years of age and up. We do not knowingly collect or store the Personal Information for anyone under the age of 18. In the event that the Company learns that it has obtained the Personal Information of anyone under the age of 18, it will immediately delete such information.

CHANGES IN POLICY

• This Policy applies to current and former Company customers. From time to time, the Company's Privacy Policy may change. The Company will post changes to the Privacy Policy on this website. Please review this Privacy Policy often so that you will remain abreast of the Company's current policies, including its policies concerning the gathering and use of information that may be collected on our Website. You are responsible for making sure you are aware of the provisions of the Company's most current Policy.

GOVERNING LAW

• This Privacy Policy shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions and subject to this website's Section 8.5 of the Terms of Use. Any dispute concerning this Privacy Policy or your use of this website shall be submitted to, and finally settled by, binding arbitration in New York County, State of New York within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or any other arbitration. In the event that any portion of this Privacy Policy is deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason because of the scope, duration or area of its applicability or for other reasons, unless narrowed by construction, such provision shall for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited or unenforceable (or if such language cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify, to the extent necessary to make such provision or provisions enforceable in such jurisdiction, such scope, duration or area or all of them, and such provision shall then be applicable in such modified form). If, notwithstanding the foregoing, any such provision would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such provision, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions. No narrowed construction, court-modification or invalidation of any provision shall affect the construction, validity or enforceability of such provision in any other jurisdiction. No waiver by the Companyof any provision of this Privacy Policy shall be deemed a further or continuing waiver of such provision, and the Company's failure to assert any right or demand compliance with any provision of this Privacy Policy shall not be deemed to constitute a waiver of any such right or provision. Furthermore, if any portion of this Privacy Policy is deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, then that portion of the Privacy Policy will be deemed severable and will not affect the enforceability or validity of the remaining portions of this Privacy Policy.
• Notwithstanding anything to the contrary set forth in Privacy Policy, the Company may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in New York County, State of New York or any other court in any jurisdiction, in the event that the Company believes that there is a violation, or a threatened violation, of any of the Company's intellectual property rights and, in such case, you hereby irrevocably consent to the exclusive jurisdiction and venue of such court for the purpose of any such dispute(s), and waive any claim or defense that any such court lacks jurisdiction due to the laying venue or otherwise, or that such forum is not convenient or proper.

YOUR CONSENT

• By visiting www.ferticalm.com, you are accepting and consenting to the practices described in this Privacy Policy and the Terms of Use.