Privacy Policy

Privacy Policy

Effective as of: December 31, 2022

TABLE OF CONTENTS

  1. Restrictions
  2. Personal Data Collected 
  3. Use and Disclosure of Personal Data 
  4. Collection and Use of Other Data
  5. Our Advertising
  6. Security 
  7. Data Integrity; Retention Period  
  8. Consent 
  9. Choice; Opt-Out 
  10. Correct; Update; Accessibility; Conflicts
  11. Links
  12. Governing Law and Enforcement of Privacy Policy
  13. Do Not Track Disclosures
  14. Data Controller
  15. Cross Border Transfer of Personal Data
  16. Contact Us
  17. California Residents: YOUR PRIVACY RIGHTS.
  18. Nevada Residents: YOUR PRIVACY RIGHTS.

Devil Mountain Wholesale Nursery, LLC. (“Devil Mountain”, “we,” “us,” and “our”) appreciates having you visit our website and your interest in our products. We are committed to protecting your privacy and personal information that you provide to us when accessing or using our products, our services, or this website (this “Site”). This privacy policy (this “Policy”) explains how we gather and use the information that we collect during your visit to this Site.

This Policy may change over time, so please be sure to reread it from time to time. Amendments, modifications or changes to this Policy will be posted at this URL and will be effective when posted. Your continued use of this Site following the posting of any amendment, modifications or change to this Policy shall constitute your acceptance thereof. If you do not agree with the terms in this Policy, please do not use this Site and do not provide any information to us. Unless otherwise defined in this Policy, the terms used in this Policy have the meaning given to them in our Terms of Use, which you can access here: https://devilmountainnursery.com/terms-of-use/ and which are incorporated herein by this reference.

 

1.            Restrictions

This Policy covers your access to this Site. Our Site is not directed to and is not intended for access and use by persons under the age of 18. We do not intentionally collect or use Personal Data from users that we have reason to believe are under the age of 18.

To request removal of your personal information please contact us using the methods described in this Policy. Note that removal under the law does not ensure complete or comprehensive removal of your information.

 

2.            Personal Data Collected 

The type of Personal Data (defined below) and Other Data (also defined below) we collect depends on how you interact with this Site. Generally, we gather Personal Data and Other Data as described below.

Personal data is information that identifies you or can be used to identify or contact you, e.g., your name, email address, address, usage data, phone numbers, and unique device identifiers (“Personal Data”). We may need to collect and process Personal Data in order to provide requested information, products or Services to you (including this Site) or because we are legally required to do so.

  • Account Registration. We request Personal Data from you if this Site requires registration. The registration process requests that you provide your name, email address, address, phone number, company affiliation, if any, and other similar information. This information must be stored on this Site, and is accessible to anyone with whom you share your username and password. For this reason, please safeguard your username and password carefully and do not disclose it to any other person.
  • Voluntary Disclosure. We may collect Personal Data voluntarily provided by you, including in emails to this Site, online forms, order and registration forms, surveys, promotion participation, phone calls and online chats with our customer service staff and through other means.
  • Payment Services. We may use third-party payment Services (each, a “Payment Service”), such as Versapay, to collect payments made through this Site. If you wish to make a payment through this Site, you may be directed to a webpage that is hosted by the Payment Service (or the Payment Service’s service providers) and not by us. Any Personal Data that you provide through a Payment Service page will be collected by Payment Service and not by us, and will be subject to Payment Service’s privacy policy, rather than this Policy. We have no control over, and are not responsible for, Payment Service’s use of information collected through the Payment Service page.
  • Log data. We may collect log data, such as network and connection information (including Internet Service Provider (ISP) and Internet Protocol (IP) addresses), device and browser identifiers and information (including device, application, or browser type, version, plug-in type and version, operating system, user agent, language and time zone settings, and other technical information), advertising identifiers, cookie identifiers and information, and similar data.
  • Usage information. We may collect usage metrics (including usage rates, occurrences of technical errors, diagnostic reports, settings preferences, backup information), content interactions (including searches, views, downloads, and prints), and user journey history (including clickstreams and page navigation, URLs, timestamps, content viewed or searched for, page response times, page interaction, and similar data.
  • Other Means. We may collect information through various other means, including from selected third-party business partners that we may utilize to deliver certain content, products, or services or to enhance your experience.

We ask that you not send us, and you not disclose, any sensitive Personal Data (e.g., social security numbers, government identification information, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through this Site.

 

3.            Use and Disclosure of Personal Data 

Our primary goal in collecting, using, and sharing your information is to enhance and improve our Services. To that end, we will only use Personal Data for legitimate business purposes, including the following:

  • Fulfillment of Requests. We may use Personal Data about you (a) to deliver products and services to you, (b) provide you with information about products and services you’ve ordered, (c) for internal research and development purposes, (d) when it is necessary for employees, agents and contractors to operate or maintain this Site or to correct a technical problem, (e) to detect and prevent fraud and abuse to ensure the security and protection of all customers and others, such as to verify the existence or condition of your account; (f) to comply with the law and our legal obligations, including to respond to a request or order from a court, regulator, or government authority; and (g) to effectuate the sale, merger, acquisition, or other disposition of our assets or business (including in connection with any bankruptcy or similar proceedings). We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.
  • Other Communications. From time to time, we may use Personal Data about you to inform you of products, programs, services and promotions that we believe may be of interest to you. If you or your employer is one of our customers, we may also inform you of such products, programs, services and promotions using Personal Data about you that you or your employer provided to us. If you would prefer that we not send electronic marketing messages to you, please see the “opt-out” section below.
  • Promotions. We may operate sweepstakes, contests and similar promotions (collectively, “Promotions”). If you choose to enter the Promotions, we typically ask you for certain Personal Data when you enter and, if applicable, win a Promotion. You should carefully review the rules of each Promotion in which you participate, as they may contain additional important information about our use of Personal Data about you. To the extent that the terms and conditions of such rules concerning the treatment of your Personal Data conflict with this Policy, the terms and conditions of such rules shall control. We use this information to operate the Promotions.
  • Other Business Purposes. We may also use Personal Data about you for other business purposes, such as data analysis (for example, to improve the efficiency of our Site), editorial and feedback purposes, providing customer support, customizing and improving the content and layout of this Site, completing business transactions (for example, to confirm content requested is received by users), development of marketing and promotion plans and materials, statistical analysis of user behavior (for example, to understand what parts of this Site are of most interest to users), product development, market research, administering individual accounts, and meeting government regulatory requirements such as sales tax collection, audits, etc. We may also use Personal Data of journalist/media contacts for press release distribution or sharing other newsworthy developments related to our business activities. We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or because we have a legitimate interest.
  • Administrative Communications. We reserve the right to use Personal Data to send you important information regarding this Site, products, services, your account status, changes to this Site’s terms of use, this Policy, or any other policies, agreements or transactions relevant to your use of this Site, products and/or services. Because this information may be important to your use of this Site, products and/or services, you may not opt-out of receiving such communications. We will engage in this activity to manage our contractual relationship with you and/or to comply with a legal obligation.

We may disclose Personal Data for the following purposes:

  • When You Consent. We may share Personal information with third parties if you have given us your consent to do so.
  • Third-Party Service Providers. We may provide Personal Data to third-party service providers, who provide services to us, including but not limited to, data analysis, order fulfillment, payment processing, and other services.
  • Affiliate Communications. We may transfer Personal Data among our affiliates to allow our affiliates to contact you regarding products, programs, services and promotions that they believe may be of interest to you, and such affiliates may otherwise use your Personal Data in accordance with this Policy. If you would prefer not to receive marketing communications from us or our affiliates, please see the “opt-out” section below. We will be the party responsible for jointly-used Personal Data.
  • Strategic Partners and Co-Branded Sites. From time to time, we may enter into a special relationship with another company that is not owned by or affiliated with us to provide or promote joint products, services, applications, or features (together, “Jointly Offered Items”). These special relationships may include co-branded web sites (“co-branded pages”). Any information, including Personal Data that you provide in connection with one of these Jointly Offered Items, and/or on one of these co-branded pages will be shared with our third-party partners. You should check these third parties’ web sites for information regarding their privacy practices. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES. If you do not want Personal Data about you shared with such third parties, please do not provide Personal Data in connection with the Jointly Offered Items and/or co-branded pages.
  • Conferences and Events. When you attend a conference or event organized by us, your name and contact information may be shared with other attendees.
  • Promotions. We may share the Personal Data you provide in connection with Promotions with third-party sponsors of such Promotions (irrespective of whether such Promotions are hosted by us), or otherwise in accordance with the rules applicable to those Promotions.
  • Assignment. We may disclose or transfer any and all Personal Data that we collect to an affiliated entity or a third party (and their respective advisors) in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
  • Law Enforcement; Emergencies; Compliance. We may use and disclose Personal Data about you to others as we believe to be appropriate: (a) in compliance with laws, rules, or regulations in any country in which we operate, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from government or public authorities, including government and public authorities outside your country of residence; (d) to enforce our Site’s terms of use; (e) to protect our operations or those of any affiliated entities; (f) to protect the rights, privacy, safety or property of us, our affiliated entities, you, or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose Personal Data about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.

 

4.            Collection and Use of Other Data  

Our service providers and we may also collect and use the following types of data, referred to in this Policy as “Other Data”:

  • Monitoring Data. Our service providers and we may collect and/or track other information such as demographic information, domain names, computer type, browser types, screen resolution, and other statistical data involving the use of this Site (“Monitoring Data”). We use Monitoring Data to help us understand who uses this Site and to improve and market it, as well as our other websites and services. Unless combined with Personal Data, Monitoring Data does not personally identify you or any other user, and we may use it for any purpose.
  • Aggregated Data. We may aggregate Personal Data in a manner such that the end-product does not personally identify you or any other user of this Site, for example, by using information to calculate the percentage of our users who have a particular telephone area code. Such aggregate information may also be used for any purpose.
  • Cookies. To enhance the Internet experience on this Site, our service providers and we may use ‘cookies’ on this Site. Cookies are data that a web server transfers to an individual’s computer for recordkeeping and other purposes. We use cookies and other technologies to facilitate users’ ongoing access to and use of our Site. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular web site, to your computer. If cookies are disabled, however, all features of this Site may not operate as intended. Information about disabling cookies can be found on your Internet browser provider’s web site. This Site may have a Cookie Policy that applies to its use of cookies and other similar tracking technologies. If it does, then the Cookie Policy will apply in addition to this Policy. We may use the following types of cookies:
  • Strictly Necessary. These include cookies that are required to allow registered users to authenticate and perform account related functions, as well as to save the contents of virtual “carts” for e-commerce functionality.
  • Analytics and Performance. Performance cookies collect information on how users interact with our Site, including what pages are visited most, as well as other analytical data. We use these details to improve how our Site functions and to understand how users interact with our Sites.
  • Functionality. These cookies are used to store preferences set by users, such as account name and language.
  • Security. We use these cookies to help identify and prevent potential security risks.
  • Advertising. These cookies are used to display relevant advertising to users who use our Site, as well as to understand and report on the efficacy of ads served on our Site. They track details such as the number of unique visitors, the number of times particular ads have been displayed, and the number of clicks the ads have received. They are also used to build user profiles, including showing you ads based on products you’ve viewed or acts you have taken.
  • Third-Party / Embedded Content. Our Site may utilize third-party applications and services to enhance the experience of use of our Site. As a result, cookies may be set by third parties, and used by them to track your online activity. We have no direct control over the information that is collected by these cookies.
  • Tools. Our service providers and we may also use various common Internet tools such as ‘pixel tags,’ ‘action tags,’ ‘web beacons,’ ‘gif tags,’ ‘JavaScript’ or similar technologies (together, “Tools”) in connection with Site pages and email messages in certain formats to, among other things, track the actions of Site users and email recipients, to determine the success of marketing campaigns and to compile statistics about Site usage and response rates. Tools allow us to count users who have visited certain pages of this Site, and to help determine the effectiveness of promotional or advertising campaigns. When used in email messages in certain formats, Tools can tell the sender whether and when the email has been opened.

We use cookies and Tools to understand how this Site is used and to customize and enhance the Internet experience of individual users. When you revisit this Site, we may recognize you by a Tool and customize your experience. For example, once you have completed the registration process, a cookie and/or Tool will be used to avoid having you register again. We believe cookies and Tools add value to the user experience.

  • HubSpot Analytics, Google Analytics. We may use Google Analytics, HubSpot Analytics and other similar programs which each use cookies and other similar technologies, to collect and analyze information about Site use and to report on activities and trends. These programs may also collect information regarding the use of other websites, apps and online resources.
  • Verification. We may use third-party services to verify that you are a human user. Any information collected as part of such verification is subject to the privacy policy of the third-party service provider.
  • IP Addresses. When you visit and interact with this Site, we and our third-party service providers may collect Internet Protocol (IP) addresses. Your IP address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit this Site, along with the time(s) of your visit(s) and the page(s) that you visited. We use IP addresses to understand how this Site is used by our users, to improve this Site and to enhance user experience of this Site. We may also use your IP address to help diagnose problems with our server and to administer our Site. We may also derive your approximate location from your IP address.

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 via Your Privacy Rights, which is available at the bottom of the this Privacy Policy and under “Contact Us”. Please note, some features of our websites may not be available to you as a result.

 

5.            Our Advertising

We may use third-party advertising companies to serve advertisements regarding products and Services that may be of interest to you when you access and use this Site, our apps and other websites or online services, based on information relating to your access to and use of this Site and other websites or online services on any of your devices, as well as on information received from third parties. To do so, these companies may place or recognize a unique cookie on your browser (including through the use of pixel tags). They may also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop.

 

6.            Security

We may store your Personal Data. This information is retained and used in accordance with existing laws, rules, regulations, and other policies.


While there is no such thing as “perfect security” on the Internet, we will take reasonable steps to ensure the safety of your Personal Data. Personal Data is stored on our server and is not publicly accessible. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we take reasonable precautions and have security measures in place to protect the loss, misuse and alteration of the information under our control. Although we attempt to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information. We are not responsible for any breach of its security or for the actions of any third parties that may obtain any Personal Data. You are prohibited from violating or attempting to violate security for or otherwise interfering with the operation of this Site. We do not make, and expressly disclaim, any representation or warranty, express or implied, regarding the security or integrity of this Site and your Personal Data.

If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please notify us of the problem immediately by sending an email to privacy@devilmountainnursery.com.


7.            Data Integrity; Retention Period

We will use Personal Data only in ways that are compatible with the purposes for which it was collected, authorized by this Policy, or authorized by you. We will take reasonable steps to ensure that Personal Data is relevant to its intended use, and is accurate, complete, and current (as provided by you). We depend on you to update or correct your Personal Data whenever necessary.

We will retain Personal Data about you for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include: (i) the length of time we have an ongoing relationship with you; (ii) whether there is a legal obligation to which we are subject; and (iii) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations). 


8.            Consent

By visiting our Site, you expressly consent to the collection and use by us of Personal Data according to this Policy. 

9.            Choice; Opt-Out

We give you choices regarding our use and disclosure of your Personal Data for marketing purposes.

  • If you no longer want to receive marketing-related emails from us on a going-forward basis, you may stop receiving these marketing-related emails by sending an email to privacy@devilmountainnursery.com.
  • If you would prefer that we do not sell or share your Personal Data on a going-forward basis with our affiliates or with unaffiliated third parties for their marketing purposes, you may cease this sharing by sending an email to privacy@devilmountainnursery.com.

We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you exercise the second option as described above, we will not be able to remove your Personal Data from the databases of our affiliates or unaffiliated third parties with which we have already shared your Personal Data (i.e., to which we have already provided your Personal Data as of the date that we implement your request). Further, please note that requesting us not to share your Personal Data with affiliates or unaffiliated third parties may result in you no longer receiving any marketing emails from us. Please also note that if you choose not to receive marketing-related messages from us, we may still send you important administrative messages, and you cannot elect to stop receiving such administrative messages.

You may also indicate your choices regarding marketing-related emails by contacting us via postal mail or telephone using our contact information below, or if you have a profile/account, by changing your preferences on the profile/account at any time.  
     

10.          Correct; Update; Accessibility; Conflicts

You have the right to review, correct, update, suppress, delete or otherwise limit our use of your Personal Data that has been previously provided to us, to receive an electronic copy of your Personal Data for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law). You may make a request by contacting us by sending an email to privacy@devilmountainnursery.com. We will respond to your request consistent with applicable law. For your protection, we may only implement requests with respect to the Personal Data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable and consistent with applicable law. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting the change or deletion. There may also be residual information that will remain within our databases and other records, which will not be removed. We will not discriminate against you for exercising any of your rights.

We are committed to ensuring this Policy is accessible to individuals with disabilities. If you wish to access this Policy in an alternative format, please contact us by sending an email to privacy@devilmountainnursery.com. Depending on the specific interactions you have with us, we may provide different or supplemental privacy statements that describe and govern how we use your personal information. When we do so, those different or supplemental privacy statements apply to those specific interactions you have with us.

11.          Links

This Site may contain links to other Internet web sites, including social media sites and third-party hosted collaboration tools. These linked sites are not under our control. We provide links only as a convenience, and we do not endorse or control, and are not responsible for, the privacy practices or the content of these linked sites. If you provide any Personal Data through any third-party web site, or choose to communicate with us using third-party collaboration tools or other social media platforms, your transaction will occur on that third party’s web site (not this Site) and the Personal Data you provide will be collected by, and controlled by the privacy policy of, that third party. We recommend that you familiarize yourself with the privacy policies and practices of any such third parties. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, AFFILIATED ENTITIES THAT DO NOT POST OR LINK DIRECTLY TO THIS POLICY.

12.          Governing Law and Enforcement of Privacy Policy

Use of this Site is governed by United States law and the laws of the State of California. If you are accessing this Site or Services from a physical location outside of the United States with laws or regulations governing personal data collection, use, and disclosure that are different from United States laws, you agree that by accessing this Site, you are transferring your Personal Data and Other Data to the United States and you consent to the application of the laws of the United States and the State of California with respect to use of this Site and Services and any dispute regarding this Site or this Policy. You further consent to the exclusive jurisdiction of, and agree that venue is proper in, the state and federal courts located in Contra Costa County, California; provided, however, that if the state and federal courts in Contra Costa County, California are found not to have exclusive jurisdiction, then you agree to settle all disputes arising out of or relating to this Site or this Policy by binding arbitration in San Ramon, California in accordance with the International Arbitration Rules set by the International Centre for Dispute Resolution.

If any provision of this Policy is held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any applicable law, the validity of the remaining portions or provisions shall remain in full force and effect.

 

13.          Do Not Track Disclosures

Our use of online tracking technologies may be considered a “sale” / “sharing” under applicable law. Visitors to our website can opt out of being tracked by these third parties by clicking the “Your Privacy Rights” link below, or by accessing “Contact Us”. California and Colorado residents may opt out by broadcasting an Opt-Out Preference Signal, such as the Global Privacy Control (GPC) (on the browsers and/or browser extensions that support such a signal). To download and use a browser supporting the GPC browser signal, click here: https://globalprivacycontrol.org/orgs. If you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use. Some third party sites may track your actions when you are browsing and accessing content. Various browsers offer a Opt-Out Preference Signal option that sends a signal to third parties that you do not want to be tracked.

 

14.          Cross Border Transfer of Personal Data

Your Personal Data may be stored and processed in any country where we have facilities or in which we engage service providers. If you are accessing this Site from outside the United States, you may be sending information, including Personal Data to the United States where our servers are located. That information may be transferred within the United States or back out of the United States to other countries outside your country of residence. These countries do not necessarily have data protection laws as comprehensive as those in your country. Information transferred to the United States or another country is subject to the laws of that country and may be disclosed or accessed in accordance with those laws. By transferring information or allowing information to be transferred to us, you consent to the transfer, processing and storage in countries outside your country of residence. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access your Personal Data.

 

15.          Contact Us.

If you have any questions about this Policy or the practices of this Site or if you would like to request that we disclose or you wish to exercise any rights granted to you by statute (such as those granted to you by the CCPA, CPRA, or other applicable statute), please complete this interactive form at https://devilmountainnursery.com/contact-us/ or feel free to contact us at:

Devil Mountain Wholesale Nursery, Inc.
12657 Alcosta Blvd. Ste 180
San Ramon, California 94583
Attn: Legal Compliance / Data Protection Officer
TEL: (866) 577-9555
Email: privacy@devilmountainnursery.com

 

16.          CALIFORNIA RESIDENTS: YOUR PRIVACY RIGHTS

California residents are afforded certain additional rights with respect to their Personal Information under the California Consumer Privacy Act as amended by the California Privacy Rights Act (California Civil Code Section 1798.100 et. seq.) (the “CCPA”), as well as the "Shine the Light" Law (California Civil Code section 1798.83). To learn more about your rights under these laws, please visit our “California Privacy Policy” at https://devilmountainnursery.com/ca-privacy-policy/ or contact us pursuant to the “Contact Us” section of this Policy. In the case of any discrepancies between this Privacy Policy and your rights under the California Privacy Policy, your rights under the California Privacy Policy will govern.

 

17.          NEVADA RESIDENTS: YOUR PRIVACY RIGHTS

Nevada Senate Bill No. 220 requires website operators to provide a way for Nevada consumers to opt out of the sale of certain information that the website operator may collect about them. To make such a request or learn more about our compliance with Nevada law, please contact us using the methods described in the “Contact Us” section of this Policy. In the case of any discrepancies between this Privacy Policy and your rights under relevant Nevada statutes, your rights under the statutes will govern.