Privacy policy
PRIVACY POLICY
MYSELVA ETAILING LLC (doing business as Kith Garden)
Last Updated: August 26, 2026 Effective Date: August 26, 2026
1. INTRODUCTION
This Privacy Policy describes how MYSELVA ETAILING LLC, a New Mexico limited liability company doing business as Kith Garden ("Kith Garden," "we," "us," or "our"), collects, uses, and discloses your personal information when you visit or use our services, make a purchase from kithgarden.com (the "Site"), enroll in a subscription, participate in our mobile messaging program, or otherwise communicate with us (collectively, the "Services").
For purposes of this Privacy Policy, "you" and "your" means you as the user of the Services, whether you are a customer, website visitor, subscriber, or another individual whose information we have collected pursuant to this Privacy Policy.
Please read this Privacy Policy carefully. By using and accessing any of the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree, please do not use or access the Services.
This Privacy Policy is incorporated into and forms part of our Terms and Conditions.
2. CHANGES TO THIS PRIVACY POLICY
We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons.
We will post the revised Privacy Policy on the Site, update the "Last Updated" date, and take any other steps required by applicable law. Where changes are material, we will provide additional notice, such as by email or a prominent notice on the Site, and, where required by law, we will obtain your consent.
3. PERSONAL INFORMATION WE COLLECT
The types of personal information we obtain about you depend on how you interact with our Site and use our Services. When we use the term "personal information," we are referring to information that identifies, relates to, describes, or can reasonably be associated with you.
We collect and have collected over the past twelve (12) months the categories of personal information described below.
3.1 Information You Provide Directly
- Contact details, including your name, shipping address, billing address, phone number, and email address.
- Order information, including your name, billing address, shipping address, payment confirmation, email address, phone number, order history, and products purchased.
- Subscription information, including your selected billing interval, subscription status, renewal dates, skip and pause history, and cancellation requests.
- Account information, including your username, password, security questions, and other information used for account security purposes.
- Customer support information, including the content of your communications with us by email, telephone, chat, or web form, and any attachments or images you choose to send.
- User content, including reviews, testimonials, photographs, and comments you submit to the Site.
- Marketing preferences, including your email and SMS subscription status and your communication preferences.
Some features of the Services may require you to provide certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing those features.
We do not collect payment card numbers directly. Payment card details are collected and processed by our payment processors, as described in Section 3.3.
3.2 Information We Collect Automatically
We may automatically collect certain information about your interaction with the Services ("Usage Data"). To do this, we may use cookies, pixels, tags, software development kits, and similar technologies ("Cookies").
Usage Data may include:
- Device information, including device type, operating system, and unique device identifiers;
- Browser type, language, and settings;
- Information about your network connection and internet service provider;
- Your IP address and approximate location derived from it;
- Pages viewed, links clicked, time spent on pages, referring and exit pages, and search terms;
- Email engagement data, including whether you opened an email or clicked a link within it;
- Advertising interaction data, including which advertisements you viewed or clicked.
3.3 Information We Obtain from Third Parties
We may obtain information about you from third parties, including vendors and service providers who collect information on our behalf, such as:
- E-commerce and hosting providers, such as Shopify, which support our Site and Services;
- Payment processors, which collect payment information (for example, credit or debit card information and billing address) to process your payment, fulfill your orders, and perform our contract with you;
- Subscription management providers, which manage recurring billing, renewals, and cancellations;
- Email and SMS marketing platforms, which manage our communications and engagement data;
- Shipping and fulfillment partners, which provide delivery status and address verification;
- Analytics and advertising providers, including social media and advertising platforms, which provide information about how you found and interacted with our Site;
- Fraud prevention and identity verification providers, which help us detect and prevent fraudulent transactions and chargebacks.
Any information we obtain from third parties will be treated in accordance with this Privacy Policy. See also Section 9, Third Party Websites and Links.
3.4 Sensitive Personal Information
We do not intentionally collect sensitive personal information as that term is defined under applicable law, including precise geolocation, government identifiers, racial or ethnic origin, religious beliefs, health information, biometric data, or information concerning sexual orientation.
We do not use or disclose sensitive personal information for the purpose of inferring characteristics about you, and we do not sell or share sensitive personal information.
4. SOURCES OF PERSONAL INFORMATION
We collect personal information from the following categories of sources:
- Directly from you;
- Automatically from your device and browser when you interact with the Services;
- From our service providers and vendors, as described in Section 3.3;
- From advertising and marketing partners;
- From publicly available sources and, where lawful, from third parties with whom you have consented to share your information.
5. HOW WE USE YOUR PERSONAL INFORMATION
5.1 Providing Products and Services
We use your personal information to provide the Services and perform our contract with you, including to:
- Process payments and fulfill your orders;
- Manage recurring subscriptions, including automatic renewals, skips, pauses, price change notices, and cancellations;
- Send transactional notifications related to your account, purchases, shipments, returns, exchanges, or other transactions;
- Deliver Digital Content, such as planting guides and planners;
- Create, maintain, and manage your account;
- Arrange for shipping and facilitate returns, exchanges, and refunds;
- Provide the features and functionality associated with your account.
We may also enhance your shopping experience by enabling Shopify to match your account with other Shopify services you choose to use. In that case, Shopify processes your information as set out in its own Privacy Policy and Consumer Privacy Policy.
5.2 Marketing and Advertising
We may use your personal information for marketing and promotional purposes, including to send marketing, advertising, and promotional communications by email, text message, or postal mail, and to show you advertisements for products or services on our Site and on third-party websites and platforms.
This may include creating audiences and tailoring content and advertising based on your interests and interactions with us.
You may opt out of marketing communications at any time, as described in Section 11.
5.3 Security and Fraud Prevention
We use your personal information to detect, investigate, and take action regarding possible fraudulent, illegal, or malicious activity, including chargeback abuse and refund abuse as described in our Terms and Conditions.
If you register an account, you are responsible for keeping your credentials safe. We recommend that you do not share your username, password, or other access details with anyone. If you believe your account has been compromised, please contact us immediately using the details in Section 16.
5.4 Communicating with You and Service Improvement
We use your personal information to provide customer support, respond to your inquiries, and improve our Services. This is in our legitimate interests in order to be responsive to you, to provide effective services, and to maintain our business relationship with you.
5.5 Legal and Compliance
We use your personal information to comply with applicable legal obligations, enforce our Terms and Conditions, respond to lawful requests from public authorities, establish or defend legal claims, and protect the rights, property, and safety of Kith Garden, our users, and others.
6. COOKIES AND TRACKING TECHNOLOGIES
Like many websites, we use Cookies on our Site.
For specific information about the Cookies used to power our store with Shopify, see https://www.shopify.com/legal/cookies.
We use Cookies to:
- Power and improve our Site and Services, including remembering your actions and preferences;
- Run analytics and better understand user interaction with the Services, in our legitimate interests to administer, improve, and optimize the Services;
- Support advertising and measure the performance of our marketing campaigns.
We may also permit third parties and service providers to use Cookies on our Site to tailor services, products, and advertising on our Site and on other websites.
6.1 Managing Cookies
Most browsers automatically accept Cookies by default, but you can set your browser to remove or reject Cookies through your browser controls.
Removing or blocking Cookies can negatively affect your experience and may cause some features to work incorrectly or become unavailable. Blocking Cookies may not completely prevent how we share information with third parties such as our advertising partners.
Where required by applicable law, we obtain consent before placing non-essential Cookies, and you may withdraw that consent at any time through the cookie preference tool available on the Site.
6.2 Global Privacy Control and Do Not Track
Our Site recognizes the Global Privacy Control ("GPC") signal, which enables you to opt out of certain uses or disclosures of your information.
If you notify us of your preference through GPC, we will treat that signal as a valid request to opt out of sharing and targeted advertising for the associated browser or device. If we are able to associate the device sending the signal with an account, we will apply the opt-out request to the account as well.
To learn more about Global Privacy Control, visit https://globalprivacycontrol.org/.
Other than the Global Privacy Control, we do not respond to other "Do Not Track" signals that may be sent from your web browser or device.
7. HOW WE DISCLOSE PERSONAL INFORMATION
In certain circumstances, we may disclose your personal information to third parties, including:
- Service providers and vendors who perform services on our behalf, such as IT management, hosting, payment processing, subscription billing, data analytics, customer support, cloud storage, email and SMS delivery, fulfillment, and shipping;
- Business and marketing partners, to provide services and advertise to you. These partners use your information in accordance with their own privacy notices;
- At your direction or with your consent, such as to ship you products or through your use of social media widgets or login integrations;
- Affiliates and companies within our corporate group, in our legitimate interests to run our business;
- In connection with a business transaction, such as a merger, acquisition, financing, reorganization, or bankruptcy;
- For legal reasons, to comply with applicable legal obligations, including responding to subpoenas, search warrants, court orders, and similar requests, to enforce our Terms and Conditions, and to protect or defend the Services, our rights, and the rights of our users or others.
7.1 Categories Disclosed for a Business Purpose
We have disclosed the following categories of personal information for the business purposes set out above during the preceding twelve (12) months:
| Category of Personal Information | Categories of Recipients |
|---|---|
| Identifiers, such as name, email address, phone number, postal address, and account identifiers | Service providers and vendors, business and marketing partners, affiliates |
| Personal information categories listed in the California Customer Records statute, such as basic contact details and certain order and account information | Service providers and vendors, business and marketing partners, affiliates |
| Commercial information, such as order information, subscription records, shopping history, and customer support information | Service providers and vendors, business and marketing partners, affiliates |
| Internet or other similar network activity, such as Usage Data | Service providers and vendors, business and marketing partners, affiliates |
| Geolocation data, such as approximate location determined by IP address or other technical measures | Service providers and vendors, business and marketing partners, affiliates |
7.2 Categories "Sold" or "Shared"
We have "sold" and "shared" (as those terms are defined under applicable United States state privacy laws, which include disclosures for cross-context behavioral advertising) the following categories of personal information over the preceding twelve (12) months for the purpose of engaging in advertising and marketing activities:
| Category of Personal Information | Categories of Recipients |
|---|---|
| Identifiers, such as name, email address, and phone number | Business and marketing partners |
| Commercial information, such as records of products or services purchased | Business and marketing partners |
| Internet or other similar network activity, such as Usage Data | Business and marketing partners |
We do not sell or share sensitive personal information, and we do not knowingly sell or share the personal information of consumers under sixteen (16) years of age.
You may opt out of the sale or sharing of your personal information as described in Section 12.
8. MOBILE MESSAGING (SMS) INFORMATION
This Section applies specifically to information collected through our mobile messaging program, as described in our Terms and Conditions.
No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.
All of the categories excluded from sharing above exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties, affiliates, or partners for their own marketing or promotional purposes.
Information about your consent to receive text messages is used solely to deliver the messages you requested and to comply with applicable law. We may share your mobile number with service providers who assist us in delivering messages on our behalf, such as our SMS platform and telecommunications carriers, and those providers are contractually prohibited from using that information for any purpose other than providing services to us.
You may opt out of receiving text messages at any time by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message, or by contacting us using the details in Section 16. Message and data rates may apply, and message frequency varies.
9. THIRD PARTY WEBSITES AND LINKS
Our Site may provide links to websites or other online platforms operated by third parties.
If you follow links to sites not affiliated with or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on them.
Information you provide on public or semi-public venues, including information you share on third-party social networking platforms, may be viewable by other users of the Services and by users of those platforms, without limitation as to its use by us or by a third party.
Our inclusion of such links does not, by itself, imply any endorsement of the content on those platforms or of their owners or operators, except as disclosed on the Services.
10. CHILDREN'S DATA
The Services are not directed to children, and we do not knowingly collect personal information from anyone under the age of eighteen (18) for the purpose of purchasing Products or creating an account. Our Terms and Conditions require that purchasers be at least eighteen (18) years old.
Our mobile messaging program is subject to the age restrictions set out in our Terms and Conditions. Individuals under thirteen (13) may not participate, and individuals between thirteen (13) and eighteen (18) must have parental consent.
If you are the parent or guardian of a child who has provided us with personal information, you may contact us using the details in Section 16 to request that it be deleted, and we will delete it promptly.
As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we "share" or "sell" (as those terms are defined under applicable law) the personal information of individuals under sixteen (16) years of age.
11. YOUR COMMUNICATION CHOICES
- Email marketing. You may opt out of promotional emails at any time by using the unsubscribe link in any marketing email or by contacting us. If you opt out, we may still send non-promotional emails, such as those about your account, your orders, or your subscription.
- Text messages. You may opt out at any time by replying STOP to any message, as described in Section 8.
- Advertising. You may opt out of interest-based advertising through the tools offered by the Digital Advertising Alliance at https://optout.aboutads.info/ and the Network Advertising Initiative at https://optout.networkadvertising.org/, and through your device settings.
- Cookies. You may manage Cookies as described in Section 6.1.
Opting out of marketing communications does not affect transactional communications relating to your orders or subscriptions, and it does not cancel any active subscription. To cancel a subscription, follow the process described in our Terms and Conditions.
12. YOUR PRIVACY RIGHTS
Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. These rights are not absolute, may apply only in certain circumstances, and in certain cases we may decline your request as permitted by law.
- Right to Access or Know. You may request access to the personal information we hold about you, including details relating to how we use and share it.
- Right to Delete. You may request that we delete personal information we maintain about you.
- Right to Correct. You may request that we correct inaccurate personal information we maintain about you.
- Right of Portability. You may request a copy of the personal information we hold about you and, in certain circumstances and with certain exceptions, request that we transfer it to a third party.
- Right to Opt Out of Sale, Sharing, or Targeted Advertising. You may direct us to stop selling or sharing your personal information and to stop using it for targeted advertising.
- Right to Limit Use of Sensitive Personal Information. Where applicable, you may request that we limit the use and disclosure of sensitive personal information. As noted in Section 3.4, we do not use sensitive personal information for purposes that require this right.
- Restriction of Processing. You may ask us to stop or restrict our processing of your personal information.
- Withdrawal of Consent. Where we rely on consent to process your personal information, you may withdraw that consent at any time. Withdrawal does not affect the lawfulness of processing carried out before withdrawal.
- Right to Non-Discrimination. We will not discriminate against you for exercising any of these rights.
- Right to Appeal. You may appeal our decision if we decline to process your request, by replying directly to our denial or contacting us using the details in Section 16.
12.1 How to Exercise Your Rights
You may exercise these rights where indicated on our Site, or by contacting us:
- By email at contact@kithgarden.com, with "Privacy Request" in the subject line;
- By telephone at +1 (336) 343-6693;
- By mail at the address in Section 16.
To opt out of the sale or sharing of your personal information or its use for targeted advertising, you may also use the "Do Not Sell or Share My Personal Information" link available on our Site, or transmit a Global Privacy Control signal as described in Section 6.2.
12.2 Verification and Authorized Agents
We may need to collect information from you to verify your identity, such as your email address or order information, before providing a substantive response to your request.
In accordance with applicable law, you may designate an authorized agent to make requests on your behalf. Before accepting a request from an agent, we will require proof that you have authorized them to act on your behalf, and we may need to verify your identity directly with you.
We will respond to your request within the timeframe required by applicable law, which is generally forty-five (45) days for United States state privacy law requests, extendable by an additional forty-five (45) days where reasonably necessary and with notice to you, and one (1) month for requests under European or United Kingdom law, extendable by two (2) further months where necessary.
13. UNITED STATES STATE-SPECIFIC PRIVACY DISCLOSURES
13.1 California Residents
If you are a California resident, you have the rights described in Section 12 under the California Consumer Privacy Act, as amended by the California Privacy Rights Act.
The categories of personal information we collect, the sources from which we collect it, the business and commercial purposes for which we use it, and the categories of third parties to whom we disclose it are set out in Sections 3 through 7 of this Privacy Policy. This Privacy Policy serves as our Notice at Collection.
Shine the Light. California Civil Code section 1798.83 permits California residents to request certain information regarding our disclosure of personal information to third parties for their own direct marketing purposes. To make such a request, contact us using the details in Section 16.
Complaints. In accordance with California Civil Code section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
13.2 Residents of Other States
Residents of Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, and Virginia, and of any other state with a comprehensive consumer privacy law in effect, may have rights substantially similar to those described in Section 12, subject to the specific provisions and exceptions of the law applicable in their state.
We process personal information for targeted advertising and we sell personal information as those terms are defined under these laws. You may opt out as described in Section 12.1.
Residents of Nevada may submit a verified request directing us not to sell certain personal information, in accordance with Nevada Revised Statutes Chapter 603A, by contacting us using the details in Section 16.
We do not process personal information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.
14. SECURITY AND RETENTION OF YOUR INFORMATION
We maintain administrative, technical, and physical safeguards designed to protect your personal information against unauthorized access, disclosure, alteration, and destruction.
Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee perfect security. Any information you send to us may not be secure while in transit. We recommend that you do not use insecure channels to communicate sensitive or confidential information to us.
14.1 Retention
How long we retain your personal information depends on factors such as whether we need the information to maintain your account, provide the Services, comply with legal obligations, resolve disputes, or enforce our agreements and policies.
As general guidance:
- Order and transaction records are retained for the period required by tax, accounting, and consumer protection law, typically at least seven (7) years;
- Account information is retained while your account remains active and for a reasonable period afterward;
- Subscription and consent records, including records of your affirmative consent to recurring billing and to receive marketing communications, are retained for as long as required to demonstrate compliance with applicable law;
- Marketing engagement data is retained until you opt out and for a reasonable period afterward to honor your opt-out;
- Usage Data and Cookie data are retained in accordance with the retention periods of the relevant analytics and advertising providers.
When personal information is no longer needed, we delete it or de-identify it.
15. INTERNATIONAL USERS
We are based in the United States, and our Services are directed primarily to customers in the United States.
We may transfer, store, and process your personal information outside the country in which you live. Your personal information may also be processed by staff and by third-party service providers and partners located in other countries.
15.1 Legal Bases for Processing
If you are located in the European Economic Area or the United Kingdom, we process your personal information on the following legal bases:
- Performance of a contract, to process and fulfill your orders and manage your subscription;
- Legitimate interests, to improve and secure the Services, prevent fraud, and conduct marketing where permitted;
- Consent, for certain marketing communications and non-essential Cookies, which you may withdraw at any time;
- Legal obligation, to comply with applicable law.
15.2 International Transfers
If we transfer your personal information out of the European Economic Area or the United Kingdom, we rely on recognized transfer mechanisms such as the European Commission's Standard Contractual Clauses, or any equivalent contracts issued by the relevant competent authority of the United Kingdom, unless the transfer is to a country determined to provide an adequate level of protection.
15.3 Complaints
If you have complaints about how we process your personal information, please contact us using the details in Section 16. If you are not satisfied with our response, depending on where you live you may have the right to appeal our decision by contacting us, or to lodge a complaint with your local data protection authority.
16. CONTACT
Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please contact us:
MYSELVA ETAILING LLC (d/b/a Kith Garden) Attn: Privacy 1209 Mountain Road PL NE, STE R Albuquerque, NM 87110 United States
Email: contact@kithgarden.com Phone: +1 (336) 343-6693 Website: kithgarden.com