CALIFORNIA PRIVACY POLICY
Updated December 31, 2022
1. YOUR CALIFORNIA PRIVACY RIGHTS.
This policy is a supplement to our general privacy policy (“Privacy Policy”) for those individuals covered by California laws. California residents are afforded certain additional rights with respect to their Personal Information under the CCPA and the “Shine the Light” Law (California Civil Code section 1798.83). All defined terms in the Privacy Policy shall retain the same meaning as this page. As used herein, and any of its supplemental policies, “Personal Information” is any Personal Data and Other Data that identifies (or can be used to identify) you or which permits the physical or online contacting of you, such as your name, address, email address, and phone number.
2. CALIFORNIA CONSUMER PRIVACY RIGHTS ACT.
California residents have the right to know, at or before the point of collection, the categories and specific pieces of Personal Information we collect and have collected, the categories of sources from which we collect personal information, the business purposes for which such information is collected or used, whether such information is sold or shared, and the length of time we intend to retain such information.
Subject to certain exceptions, you also have the right to (1) request deletion of any Personal Information collected; (2) request correction of inaccurate Personal Information; (3) request disclosure of information collected, including specific pieces of Personal Information; (4) request to opt-out of and disclosure of Personal Information sold or shared, if any; and limit the use or disclosure of Sensitive Personal Information.
We will not discriminate against you if you exercise your rights under the CPRA. You may submit any request by (1) calling our toll-free number at (866) 577-9555 or (2) for requests to delete, correct, or access the information collected, submit a Request Form using the blue Privacy button at the bottom of our home page, or to request to opt-out of and disclosure of Personal Information sold or shared submit a Request Form using the blue Privacy button at the bottom of our home page. You may also contact us pursuant to the “Contact Us” section of our general Privacy Policy at https://devilmountainnursery.com/privacy-policy/.
In order to verify your request (except to opt-out), we will require you to submit personal information (such as an email address or telephone number) that will allow us to confirm that you are the consumer about whom we have collected information or is an agent authorized by you to act on your behalf. We will review your request and either provide you with a notice that we have complied with your request or an explanation of why we were not able to comply with your request. You may appeal our determination by following the instructions included in a denial. Your authorized agent may make a request via the methods described above but must have access to your telephone number and/or email address and provide written authorization signed by you.
3. COLLECTION AND USE, DISCLOSURE, AND SALE OF PERSONAL INFORMATION.
Generally, in the preceding 12 months, we have collected and used, may have disclosed, and may have sold the following categories of Personal Information: identifiers, characteristics of protected classifications under California or U.S. law, commercial information, Internet or other electronic network activity information, geolocation data, professional or employment-related information, audio, electronic, visual, or similar information, inferences drawn about you, Sensitive Personal Information, and other categories of Personal Information that relate to, describe or are reasonably capable of being associated with you.
When you visit our website, open or click emails that we send you, or interact with advertisements, we or third parties we work with automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies.
We and our third–party partners and service providers (such as advertising and analytics providers) use pixels, web beacons, software developer kits, third–party libraries, cookies, and other similar online tracking technologies (collectively, “online tracking technologies”) to gather information when you interact with our websites, and email communications. Some online tracking technologies help us maintain the security of our websites and your account, prevent crashes, fix bugs, save your preferences, and assist with basic site functions.
We also permit third parties and service providers to use online tracking technologies on our websites for analytics and advertising, including to help manage and display advertisements. The third parties and service providers use their technology to provide advertising about products and services tailored to your interests which may appear either on our websites or on other websites.
To the extent these online tracking technologies are deemed to be a “sale” / “sharing” (which includes targeted advertising, as defined under the applicable laws) under applicable U.S. state laws, you can opt-out of these online tracking technologies by submitting a request described below.
For a list of the specific data that we collect, may disclose and sell, the sources from which we collect this Personal Information, and Personal Information we use for business and commercial purposes, please visit our Privacy Disclosures Page at [https://devilmountainnursery.com/privacy-disclosures/] or you may call us on our toll-free number 1-866-577-9555 or email us at privacy@devilmountainnursery.com.
4. NOTICE OF RIGHT TO OPT-OUT AND LIMITATION ON USE OF SENSITIVE PERSONAL INFORMATION.
To the extent that the online tracking technologies described above are deemed to be a “sale” / “sharing” (which includes targeted advertising, as defined under the applicable laws) under applicable U.S. state laws, you can opt-out of these online tracking technologies by submitting a request using the blue Privacy button at the bottom of our home page.
The CCPA permits users who are California residents to limit the use of their Sensitive Personal Information to only that which is necessary for providing products or services to consumers. Opt-out requests and requests to limit use of Sensitive Personal Information may be made by (1) calling our toll-free number 1-866-577-9555 or (2) contacting us by submitting a request via the blue Privacy button at the bottom of our home page.
5. RETENTION
In compliance with applicable law, we will retain all categories of your Personal Information only for as long as necessary. Each category of collected Personal Information is described on our Privacy Disclosures Page at [https://devilmountainnursery.com/privacy-disclosures/]. We will retain each category of your Personal Information for as long as we have a relationship with you (e.g. for as long as you are a customer and for a reasonable period thereafter).
When determining how long to retain each category of Personal Information after we no longer have a relationship with you, we take into account how long our customers usually want to continue hearing from us, our legal obligations and the expectations of regulators, as well as the length of time information is needed for internal audit purposes and to exercise or defend our legal rights.
We also consider the amount, nature and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
We review our retention periods for each category of Personal Information on a regular basis, and all data is retained in compliance with applicable data protection laws.
6. AUTOMATED DECISION MAKING
We do not use automated decision making technology.
7. SHINE THE LIGHT LAW.
California Civil Code Section 1798.83 permits users who are California residents to request certain information regarding the disclosure of Personal Information to third-parties, including our information sharing practices, including the names and addresses of those businesses with whom we have shared your Personal Information, for direct marketing purposes. To make such a request, please contact us pursuant to the “Contact Us” section of our general Privacy Policy at [https://devilmountainnursery.com/privacy-policy/].
8. ADDITIONAL NOTICES
We may engage with you beyond your activity as a visitor at our Site. Where you and the Company have further association, you may have modified and additional rights under California law or as stated above. The Company will provide you notice and inform you of those changed circumstances prior to the collection of your personal information. For example, employees of the Company or individuals applying for scholarships may be provided with additional notices and information.