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California Consumer Privacy Act (CCPA) and the Nevada Privacy Rights

PLEASE READ AND REVIEW THE FOLLOWING STATEMENT CAREFULLY BEFORE USING THIS WEBSITE

This California Supplement (the "Supplement") sets forth the privacy policies and practices of Gardens Alive! Inc., and its subsidiaries and/or affiliates (collectively, "Gardens Alive"), as they relate to the collection, use and disclosure of information in connection with your use of (1) www.gardensalive.com; (2) www.brecks.com; (3) www.gurneys.com; (4) www.springhillnursery.com; (5) www.dutchbulbs.com; (6) www.michiganbulb.com; (7) www.bitsandpieces.com; (8) www.spilsbury.com; (9) www.brecksgifts.com; and (10) www.theparagon.com; (the "Web Sites"). This Supplement amends our Privacy Policy and applies solely to users of the Web Sites who reside in the States of California and Nevada ("Californians" and "Nevadans" respectively), and is adopted pursuant to the California Consumer Privacy Act (the "CCPA") and NRS § 603A. Please read our full Privacy Policy carefully and completely before using the Web Sites.

Information We Collect, Disclose, or Sell
The Web Sites have collected, disclosed for a business purpose, and sold the following categories of Personal Information, Device Information, and Other Information from Californians and Nevadans within the last twelve (12) months:

Category Examples Collected Disclosed (Categories of Recipients) Sold
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. YES YES (marketing service providers) YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristic or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education status, employment status, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Some Personal Information included in this category may overlap with other categories.
YES YES (marketing service providers) NO
C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, or genetic information (including familial genetic information). NO NO NO
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. NO NO NO
E. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO NO NO
F. Internet or other similar network activity. Browsing history, search history, or information on a Californian’s or Nevadan’s interaction with a website, application, or advertisement. YES NO NO
G. Geolocation data. Physical location or movements. YES NO NO
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. NO NO NO
I. Professional or employment-related information. Current or past job history or performance evaluations. NO NO NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. NO NO NO
K. Inferences drawn from other Personal Information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. NO NO NO

Please note that this table does not include personal information that falls under an applicable exclusion from the CCPA, such as certain employment and business-to-business information.

Californians' and Nevadans' Rights and Choices
You have the right to request that Gardens Alive disclose certain information to you about our collection and use of your information over the past twelve (12) months. Once we receive and confirm your verifiable request (see Exercising Californian or Nevadan Access, Data Portability, and Deletion Rights), we will disclose to you any of the following data that were designated in the verifiable request:

  • The categories of Personal Information we collected about you.
  • The categories of sources for the Personal Information we collected about you.
  • Our business or commercial purpose for collecting or selling any Personal Information.
  • The categories of third parties with whom we share Personal Information.
  • The specific pieces of Personal Information we collected about you.
  • If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
    • sales, identifying the Personal Information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

Californians' and Nevadans' Deletion Request Rights
You have the right to request that Gardens Alive delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug the Websites to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another Californian or Nevadan to exercise their free speech rights, or exercise another right provided for by applicable law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.).
  • Enable solely internal uses that we reasonably believe would be aligned with your expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Californian or Nevadan Access, Data Portability, and Deletion Rights
To exercise the Californian or Nevadan access, data portability, and deletion rights described above, please submit a verifiable request to us as described under CONTACT INFORMATION below. Only a Californian or Nevadan, or a person registered with the California or Nevada Secretary of State that a Californian or Nevadan has authorized to act on his or her behalf, may make a verifiable request related to his or her Personal Information. Parents of Californians or Nevadans may also make verifiable requests on behalf of their minor children.

You may make a verifiable request for access or data portability only twice within a twelve (12) month period. The verifiable request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable request does not require you to create an account with us. We will use Personal Information provided in a verifiable request only to verify the requestor's identity or authority to make the request.

Verifiable Request Response Timing and Format
We endeavor to respond to a verifiable request within forty five (45) days of its receipt. If we require more time (up to either forty five (45) or ninety (90) days, depending on complexity), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will cover only the twelve (12) month period preceding the verifiable request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable 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.

Californian or Nevadan Personal Information Sales Opt-Out and Opt-In Rights
Children 16 years of age or older or their parents have the right to direct us to not sell their Personal Information at any time, but please note that we do not sell the Personal Information of any Californian or Nevadan who we actually know is less than 18 years of age. Californians and Nevadans who are opted in to Personal Information sales may opt out of future sales at any time. To exercise the right to opt out, you (or your authorized representative) may submit a request to us by visiting the following link:

Manage My Personal Information

If you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize Personal Information sales. You may opt back in to Personal Information sales at any time. You do not need to create an account with us to exercise your opt-out rights. We will use Personal Information provided in an opt-out request only to review and comply with the request.

Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain incentives permitted by the CCPA that may result in different prices, rates, or quality levels. Any CCPA-permitted incentive we offer will reasonably relate to your Personal Information's value and contain written terms that describe the program's material aspects. Participation in an incentive program requires your prior opt-in consent, which you may revoke at any time.

Other California Privacy Rights
California's "Shine the Light" law (Cal. Civ. Code § 1798.83) permits users that are residents of California to request certain information regarding our disclosures of Personal Information to third parties for such third parties' direct marketing purposes. Please email or write to us as provided below to submit your request.

Contact Information
If you have any questions about this Supplement or the use of your Personal Information, please contact us by sending an email to service@springhillnursery.com, by calling us at (513) 354-1510, or writing to the following address:

Gardens Alive Brands
c/o Gardens Alive Marketing Dept.
230 Mary Avenue
Greendale, IN 47025

Changes to This Supplement Gardens Alive reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Web Sites, notify users that have opted to receive such notice, and update the notice's effective date. Your continued use of any of the Web Sites following the posting of changes constitutes your acceptance of such changes.

© Copyright Gardens Alive!, Inc. - April 2020

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