Privacy Policy

1. Introduction

Fablehenge Software, Inc. ("we," "our," or "us") operates Garden Sketchbook ("the Service"). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our Service.

By using Garden Sketchbook, you consent to the data practices described in this policy. If you do not agree with this policy, please do not use our Service.

2. Information We Collect

Personal Information

We may collect personally identifiable information that you provide to us, including:

• Name and email address (when creating an account)
• Payment information (processed securely by our payment providers)
• Profile information you choose to provide
• Contact form submissions (name, email, message content)
• Other communications you send to us

Garden Design Data

We collect and store:

• Garden designs you create using the Service
• Plant selections and garden layouts
• Project names and descriptions you provide
• Usage preferences and settings

Technical Information

With your consent, we collect certain technical information through analytics cookies. Without consent, we collect only information strictly necessary to operate the Service:

• Device information (browser type, operating system)
• Log data (IP address, access times, pages viewed)
• Usage analytics (features used, time spent in application) — only with your consent

3. How We Use Your Information

We use the information we collect to:

• Provide, maintain, and improve our Service
• Process transactions and send related information
• Send you updates, security alerts, and support messages
• Respond to your comments, questions, and customer service requests
• Analyze usage patterns to improve user experience
• Detect, prevent, and address technical issues and security breaches
• Comply with legal obligations

4. Information Sharing and Disclosure

We do not sell, trade, or rent your personal information to third parties. We may share your information in the following circumstances:

Service Providers

We share information with the following third-party service providers who act as data processors on our behalf:

• Stripe — Payment processing. Processes payment card details, billing address, and transaction records. Privacy policy
• Clerk — Authentication. Processes email address, name, and login credentials. Privacy policy
• Convex — Real-time database and sync. Stores your garden designs, plant selections, and account metadata. Privacy policy
• Cloudflare — Hosting, content delivery, and plant library storage. Processes request metadata (IP address, headers) as part of delivering the Service. Privacy policy
• PostHog — Analytics (only with your consent). Collects usage data including pages viewed, features used, and device information. Privacy policy / DPA
• Resend (operated by Plus Five Five, Inc.) — Email delivery for contact form submissions. Processes your name, email address, message content, and delivery metadata. Privacy policy / DPA

Legal Requirements

We may disclose your information if required by law or if we believe such disclosure is necessary to:

• Comply with legal process or government requests
• Enforce our Terms of Service
• Protect our rights, property, or safety
• Protect the rights, property, or safety of our users or others

Business Transfers

If we are involved in a merger, acquisition, or asset sale, your information may be transferred as part of that transaction.

5. Data Security

We implement appropriate technical and organizational security measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is 100% secure.

Security measures include:

• Encryption of data in transit and at rest
• Regular security assessments
• Access controls and authentication
• Secure payment processing through trusted providers

6. Data Retention

We retain your personal information for as long as necessary to provide the Service and fulfill the purposes outlined in this Privacy Policy. We may retain certain information for longer periods as required by law or for legitimate business purposes.

Account Deletion

When you request deletion of your account, we will delete your account credentials, profile information, and garden design data. However, we are required by law to retain certain financial and billing records for tax and accounting purposes.

Financial Record Retention

To comply with legal obligations, we retain billing and transaction records (including payment history, invoices, and subscription records maintained by our payment processor, Stripe) for a minimum of seven years following the end of your subscription. This retention is required for:

• Tax compliance and audit requirements
• Fraud prevention and dispute resolution
• Legal and regulatory obligations

These retained records are limited to financial transaction data and do not include your garden designs, personal content, or detailed usage data.

7. Lawful Basis for Processing

We process your personal information on the following legal bases:

• Contract: Processing necessary to provide the Service to you (account data, garden designs, payment processing)
• Consent: Analytics cookies and usage tracking are only activated with your explicit consent, which you can withdraw at any time
• Legitimate interest: Security monitoring, fraud prevention, and service improvement based on aggregated, non-identifying data
• Legal obligation: Retention of financial records for tax and regulatory compliance

8. Your Rights and Choices

You have the following rights regarding your personal information. Where we rely on consent for processing (such as analytics), you may withdraw that consent at any time without affecting the lawfulness of processing carried out before withdrawal.

• Access: You can request a copy of the personal information we hold about you
• Correction: You can update or correct inaccurate personal information
• Deletion: You can request deletion of your personal information (subject to our legal obligation to retain financial records as described in Section 6)
• Portability: You can request your garden design data in a portable format
• Restriction: You can request that we restrict processing of your personal information in certain circumstances
• Objection: You can object to processing based on legitimate interests
• Withdraw consent: You can withdraw consent for analytics at any time via the "Cookie Preferences" link in the footer of our website or application
• Opt-out: You can opt out of marketing communications

To exercise these rights, please contact us through our contact page. We will respond to your request within 30 days.

9. Cookies and Tracking

We use cookies to operate the Service and, with your consent, to collect analytics data. When you first visit our website or application, we present a cookie consent banner. We do not set analytics cookies or load analytics scripts until you click "Accept." If you click "Only Necessary," only cookies required for the Service to function are used.

You can change your preference at any time by clicking the "Cookie Preferences" link in the footer, which will re-display the consent banner.

Cookies We Use

Local Storage

We also use your browser's local storage for the following purposes:

Strictly necessary cookies and local storage items cannot be disabled as they are essential for the Service to function. Analytics storage is only used after you give consent.

10. Children's Privacy

Our Service is not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If we become aware that we have collected personal information from a child under 13, we will take steps to delete such information.

11. International Data Transfers

Garden Sketchbook is hosted in the United States. If you are accessing the Service from outside the United States, including the United Kingdom, Canada, or the European Economic Area, your information will be transferred to and processed in the United States.

We ensure that such transfers are conducted in accordance with applicable data protection laws. Our service providers maintain appropriate safeguards, including standard contractual clauses where required by UK GDPR.

12. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of any material changes by email or through the Service. Your continued use of the Service after such modifications constitutes acceptance of the updated Privacy Policy.

13. Contact Us

If you have any questions about this Privacy Policy or our data practices, please contact us through our contact page.