Privacy Policy

Last updated: September 24, 2026

Serious Name Co. LLC dba Percy ("Company", “Percy”, "we", "our", or "us") respect your privacy and are committed to protecting it through our compliance with this policy. This policy (“Privacy Policy”) describes how we collect, process, retain, and disclose personal data about you when providing services to you through our website, application, and services that link to this policy (our "Services") and our practices for using, maintaining, protecting, and disclosing that information.

This Privacy Policy applies only to information we collect:

Through the Services.

In communications, including email, text, chat, and other electronic messages, between you and the Services.

It does not apply to information collected by:

Us through any other means, including on any other website operated by Company or any third party that does not link to this policy; or

Any third party, including through any application or content (including advertising) that may link to or be accessible from or through the Services.

We may provide additional or different privacy policies that are specific to certain features, services, or activities.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we treat it. By interacting with our Services or providing us with your information, you agree to the collection, use, and sharing of your information as described in this Privacy Policy. This policy may change from time to time (see How We Retain Your Personal Data). Your continued use of the Services after we make changes as described here is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Summary of Data Collection, Disclosure and Sale

Here is a short summary of data and the categories of data we have collected, disclosed, and sold over the last twelve (12) months. We do not sell data. The rest of this Privacy Policy provides more in-depth information on our privacy practices.

• Identifiers, such as contact details, such as real name, alias, address, telephone number, unique personal identifiers, online identifiers, IP address, email address, and account name.
• Do we collect? Yes
• Will we disclose this data as part of our business? Yes
• Will we sell this data? No
• Categories of PI described in the California Consumer Privacy Act, GDPR or otherwise (including name, email, phone number, mailing address, birthday,) 
• Do we collect? Yes
• Will we disclose this data as part of our business? Yes
• Will we sell this data? No
• Commercial information: (Transaction information, purchase history, financial details, and payment information)
• Do we collect? Yes
• Will we disclose this data as part of our business? Yes
• Will we sell this data? No
• Geolocation data: (device location)
• Do we collect? No
• Will we disclose this data as part of our business? No
• Will we sell this data? No
• Internet or other electronic network activity information: (Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements)
• Do we collect? Yes
• Will we disclose this data as part of our business? No
• Will we sell this data? No
• Inferences drawn from other personal information to create a profile about a consumer: (for example, an individual’s preferences and characteristics)
• Do we collect? Yes
• Will we disclose this data as part of our business? Yes
• Will we sell this data? No
• Biometric information
• Do we collect? No
• Characteristics of protected classifications under California or United States federal law
• Do we collect? No
• Audio, visual or similar information
• Do we collect? Yes
• Professional or employment related information
• Do we collect? No
• Non-public education information (per the Family Educational Rights and Privacy Act)
• Do we collect? No

Children's and Minors' Data

Our Services are not intended for, and we do not knowingly collect any personal data from, children under the age of 18. If we learn we have collected or received personal data from a child under 18 years old without verification of parental consent, we will delete that information.

The Personal Data That We Collect or Process

"Personal data" is information that identifies, relates to, or describes, directly or indirectly, you as an individual, such as your name, email address, telephone number, home address, or payment information (for example, account information such as name, postal address, and email address, and any other identifier we may use to contact you online or offline).

The types and categories of personal data we collect or process include:

Account and contact information, including name, address (optional), email address, and other contact information you provide us.

Payment information, including credit card or debit card information and information about the payment methods and services (such as PayPal, Venmo, or Stripe) you use in connection with the Services.

Location information, including your garden address if you choose to share it with us.

Device information, including your IP address and other device information.

Content and information you elect to provide as part of your profile, such as questions, observations, and summaries of garden progress.

Images, voice recordings, and videos collected or stored in connection with the Services.

Some of the information identified above may be considered sensitive data under certain laws. We collect and process the sensitive personal data described in this Privacy Policy and you hereby consent to such collection and processing described herein. If required under applicable law, we will collect and process sensitive personal data only with your consent. If you choose not to provide or allow us to collect some information, we may not be able to provide you with requested features, services, or information.

We also collect:

Statistics or aggregated information. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from personal data. For example, we may aggregate personal data to calculate the percentage of users accessing a specific Services feature.

Technical information. Technical information includes information about your internet connection and usage details about your interactions with the Services, such as clickstream information to, through, and from our Services (including date and time), products that you view or search for; page response times, download errors, length of your visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), or methods used to browse away from a page.

If we combine or connect non-personal statistical or technical data with personal data so that it directly or indirectly identifies an individual, we treat the combined information as personal information.

How We Collect Your Personal and Other Data

You Provide Information to Us

We collect information about you when you interact with our Services, such as when you create or update an account, subscribe, make a request, upload an image, ask us questions, or otherwise upload content to the Services. This information includes, without limitation, when you use our Services to provide:

• Voice notes and text;
• Photos attached to observations;
• Garden layout sketches/photos;
• Optionally: street address for weather and condition calculations;
• If we have your garden address: Automatically: weather data fetched on observation submission (Open-Meteo)
• Automatically: creating aggregated usage data via our third-party provider, Plausible.

Automatically Through Our Services

As you navigate through and interact with our Services, we may use automatic data collection technologies to collect information that may include personal data. Information collected automatically may include usage details, IP addresses, operating system, and browser type, and other tracking technologies including details of your interactions with our Services, and other communication data, and which resources and Services features that you access and use.

Using automatic collection technologies helps us to improve our Services and to deliver a better and more personalized experience.

To the extent any of these automated technologies are considered a personal data sale, targeted advertising, or profiling, under applicable laws, depending on where you live, you may opt out from use of these automated technologies for such uses by emailing us at hello@percy.garden. Please note that some Services features may be unavailable as a result.

When you interact with the Services, there are third parties that may use automatic collection technologies to collect information about your or your device. These third parties include: our third-party provider engaged to aggregate and anonymize usage data, Plausible.

These third parties may use tracking technologies to collect information about you when you use the Services.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal data, to:

Provide you with the Services and any contents, features, information, products, or services that we make available through the Services. Some features include:

Allowing us to parse observations, make them searchable, surface patterns, generate a Migration Report

If location information is shared, provide you with location-specific Services: weather lookups, frost/heat alerts, planting zone advice, optional sun calculations

Fulfill and manage subscriptions, payments, email you your reports and data related to your account, and process Service requests.

Fulfill any other purpose for which you provide it.

Provide you with notices about your account.

Improve our Services, including by analyzing your information and creating aggregated data derived from your information) to develop, maintain, analyze, improve, optimize, measure, and report on our Services and their features and how users interact with them.

Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

Notify you when Services updates are available and about changes to any products or services we offer or provide though them.

In any other way we may describe when you provide the information.

For any other purpose with your consent.

The usage information we collect, whether connected to your personal data or not, helps us improve our Services and deliver a better and more personalized experience by enabling us to:

Estimate our audience sizes and usage patterns.

Store information about your preferences, allowing us to customize the Services according to your individual needs and interests and allowing you to customize your account through your account settings, such as what you want to know about your garden.

Speed up your searches.

Recognize you when you return to our Services.

We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, you may unsubscribe to unnecessary communications. For more information, see Your Rights and Choices About Your Information.

Who We Disclose Your Information To

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may also disclose personal data that we collect or you provide as described in this Privacy Policy:

To our subsidiaries and affiliates.

To contractors, service providers, and other third parties we use to support our organization, including any subprocessors listed in our vendor chart below.

To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Serious Name Co. LLC's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by Serious Name Co. LLC is among the assets transferred.

To fulfill the purpose for which you provide it.

For any other purpose disclosed by us when you provide the information.

With your consent.

We may also disclose your personal data:

To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

To enforce or apply our Terms of Service and other agreements, including for billing and collection purposes.

If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our organization, our customers or others.

• A list of providers we may disclose information to and for what purpose is provided in the summary below. Additionally, the categories of personal information we may disclose include those identified in the Summary of Data Collection, Disclosure and Sale section above.

• Although we utilize artificial intelligence providers, your data is never used to train AI models. What you tell Percy stays in your garden. For example, we use the Claude API (Anthropic) to parse observations, and Anthropic’s API data policies apply to that processing, but your observations are not used to train their models under our agreement; OpenAI (Whisper API) provides speech-to-text transcription when you use voice input, and your audio is sent to OpenAI for transcription only and is not stored or used to train models; and OpenCage is a backup geocoding service, if OpenStreetMap can't resolve your location precisely, the same location text is sent to OpenCage instead, and OpenCage doesn't retain the query or use it to train anything. We don’t sell your data; not to advertisers, not to data brokers, not to anyone. We’re not in that business.
• For purposes of clarity, we do not collect any device or IP address based geolocation, nor do we track your location on our App. When we talk about any location-based Services in our Terms or this Privacy Policy, we are referring to location data we hold from the address you provide us associated with your account. This is location data collected by us but is not geolocation tracked by us from Devices you utilize while using the Service.
• We do not use Your Data to train, fine-tune, or otherwise improve any large language model or AI model, nor do we permit any third-party providers that provide AI capabilities as part of the Service to use Your Data to train, fine-tune, or improve any large language model or AI model. We contractually require such third-party providers of Third-Party Materials that provide AI Technologies to comply with this restriction.
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• Your Rights and Choices About Your Information

This section describes mechanisms you can use to control certain uses and disclosures of your information and rights you may have under state law, depending on where you live.

Advertising, marketing, cookies, and other tracking technologies choices:

Cookies and Other Tracking Technologies. You can set your browser to refuse all or some browser cookies or other tracking technology files, or to alert you when these files are being sent. We do not use cookies or pixels to track you or for advertising. We use only strictly necessary local storage — and, in our mobile app, secure device storage — to keep you signed in to your account.

Your State Privacy Rights

Depending on your state of residency, you may have certain rights related to your personal data, including:

Access and Data Portability. You may confirm whether we process your personal data and access a copy of the personal data we process. To the extent feasible and required by state law, depending on your state, data will be provided in a portable format. Depending on your state, you may have the right to receive additional information and it will be included in the response to your access request.

Correction. You may request that we correct inaccuracies in your personal data that we maintain, taking into account the information's nature and processing purpose.

Deletion. You may request that we delete personal data about you that we maintain, subject to certain exception under applicable law.

Opt Out of Using Personal Data for Targeted Advertising, Profiling, and Sales. You may request that we do not use your personal data for these purposes.

Important: The exact scope of these rights vary by state. There are also several exceptions where we may not have an obligation to fulfill your request. For more information about individual state rights, see below.

To exercise any of these rights, please send an email to hello@percy.garden. To appeal a decision regarding a consumer rights request please send an email with the subject line containing the “Appeal” and the original request subject.

Some browsers and browser extensions support the Global Privacy Control (“GPC”) that can send a signal to process your request to opt out from certain types of data processing, including data "sales" as defined under certain laws. When we detect such a signal, we will make reasonable efforts to respect your choices indicated by a GPC setting as required by applicable law.

Nevada provides its residents with a limited right to opt out of certain personal data sales. Residents who wish to exercise their sale opt-out rights may submit a request to this designated address: hello@percy.garden. However, please know we do not currently sell data triggering that statute's opt-out requirements.

State Rights

In addition, under the United States’ California Consumer Privacy Act, Colorado Privacy Act, Connecticut Data Privacy Act, Delaware Personal Data Privacy Act, Florida Data Privacy and Security Act, Iowa Consumer Data Protection Act, Minnesota Consumer Data Privacy Act, Montana Consumer Data Privacy Act, Nebraska Data Privacy Act, New Hampshire Consumer Expectation of Privacy Act, New Jersey Personal Data Privacy Act, Oregon Consumer Privacy Act, Tennessee Information Protection Act, Texas Data Privacy and Security Act, Utah Consumer Privacy Act, and Maryland’s, Indiana’s, Kentucky’s, and Rhode Island’s, other state-specific consumer privacy laws, regarding notice of information collected, residents of these states have statutory data rights. We provide the same control and rights over your data no matter where you choose to live in the United States. As a user of our Services, you have the following control over your data:

• Right to access: You have the right to access (and obtain a copy of, if required) the categories of personal information that we hold about you, including the information's source, purpose and period of processing, and the persons to whom the information is shared.
• Right to rectification: You have the right to update the information we hold about you or to rectify any inaccuracies. Based on the purpose for which we use your information, you can instruct us to add supplemental information about you in our database.
• Right to erasure: You have the right to request that we delete your personal information in certain circumstances, such as when it is no longer necessary for the purpose for which it was originally collected.
• Right to restriction of processing: You may also have the right to request to restrict the use of your information in certain circumstances, such as when you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Right to data portability: You have the right to transfer your information to a third party in a structured, commonly used and machine-readable format, in circumstances where the information is processed with your consent or by automated means.
• Right to object: You have the right to object to the use of your information in certain circumstances, such as the use of your personal information for direct marketing.

We acknowledge your right to request access, amendment, or deletion of your data. We also recognize that you have the right to prohibit sale of your data, but we do not sell data.

Rights under GDPR

If you are a resident of the European Economic Area (EEA), or the United Kingdom (UK) you may have certain rights under the European Union’s General Data Protection Regulation (GDPR) or the UK equivalent. The information collected from you by us must be explained as follows in order for GDPR compliance. Please email us if you have any questions or want to exercise your rights in accordance with this Privacy Policy under these applicable laws.

• Percy’s legal basis for the processing your data includes the necessity to contract with you and perform our Services.
• Percy's legitimate interests in collecting such data include legitimate interests of our business, including but not limited to performing Services for you and other End Users, collecting necessary information in order to safely and accurately perform such Services, fraud prevention, information security, and legal compliance.
• Percy does not collect categories of personal data from sources other than yourself.
• Percy may transfer personal data outside of the jurisdiction, such as in the United States, where we conduct our Services.
• Percy stores this information for as long as necessary to conduct Services. We will delete any data that has not been used for a period of five (5) years or longer.
• Percy does not use automated decision-making, such as profiling, when you sign up to create an account.
• If you are a citizen where which GDPR applies, you have the right to object to or restrict data processing, the right to erasure also known as the right to be forgotten, and the right to data portability.
• At any time, you have the right to withdraw your consent for us to use, store, or collect your data and file a complaint with your local supervisory authority.

Exercising Your Rights

You can exercise the rights described above, by sending an email or mail to the addresses listed in the Contact section below. Only you, or an agent authorized to make a request on your behalf, may make a request related to your personal information.

We cannot respond to your request if, (i) we cannot verify your identity; or (ii) your request lacks sufficient details to help us handle the request. Any information we provide will only cover the 12-month period preceding the request's receipt.

We will make best efforts to respond to your request within forty-five (45) days of its receipt. If we cannot respond in forty-five (45) days, we will inform you, in writing, the reason for the delay and will respond to your request within ninety (90) days. Any information we provide will only cover the twelve (12)-month period preceding the request's receipt.

We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. We are not obligated to provide responses to your data requests more than twice in a 12-month period.

How We Protect Your Personal Data

We use commercially reasonable administrative, physical, and technical measures designed to protect your personal data from accidental loss or destruction and from unauthorized access, use, alteration, and disclosure. However, no website, mobile application, system, electronic storage, or online service is completely secure, and we cannot guarantee the security of your personal data transmitted to, through, using, or in connection with the Services. In particular, email, texts, and chats sent to or from the Services may not be secure, and you should carefully decide what information you send to us via such communications channels. Any transmission of personal data is at your own risk.

The safety and security of your information also depends on you. You are responsible for taking steps to protect your personal data against unauthorized use, disclosure, and access.

How We Retain Your Personal Data

We keep the categories of personal data described in this policy for as long as reasonably necessary to fulfill the purposes described or for as otherwise legally permitted or required, such as maintaining the Services, operating our organization, complying with our legal obligations, resolving disputes, and for safety, security, and fraud prevention. This means that we consider our legal and business obligations, potential risks of harm, and nature of the information when deciding how long to retain personal data. At the end of the retention period, personal data will be deleted, destroyed, or deidentified.

Changes to Our Privacy Policy

We may update this Privacy Policy from time to time, and we will provide notice of any such changes to the Privacy Policy as required by law. The date the Privacy Policy was last updated is identified at the top of the page. We will notify you of changes to this Privacy Policy by updating the "last updated" date and posting the updated Privacy Policy on the Services. We may email or otherwise communicate reminders about this Privacy Policy, but you should check our Services periodically to see the current Privacy Policy and any changes we have made to it.

Contact Information

To exercise your rights or ask questions or comment about this privacy policy or our privacy practices, contact us at: hello@percy.garden.

If you need to access this Privacy Policy in an alternative format due to a disability, please contact us at hello@percy.garden.