PRIVACY POLICY

 

 

Last Updated: January 1, 2020

INTRODUCTION

Bush Brothers & Company (also referred to herein as “we,” “us,” and “our”) is committed to protecting the privacy and security of the personal information we collect, use, share, and otherwise process as part of our business.  We also believe in transparency, and we are committed to informing you about how we treat your personal information.  This Policy will provide you with a comprehensive description of our online and offline practices regarding the collection, use, disclosure, and sale of personal information and of the rights you have regarding your personal information.  Our online collection of personal information occurs via www.bushbeans.com and the related subdomains (the “Site”) and via our social media channels.

You may obtain an accessible version of this Policy by contacting us via the methods identified in the “Contact Us” section of this Policy.

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE TREAT YOUR PERSONAL INFORMATION AND WHAT CHOICES AND RIGHTS YOU HAVE IN THIS REGARD.  IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS POLICY, YOU SHOULD NOT ACCESS OR USE THE SITE OR ENGAGE IN COMMUNICATIONS WITH US CONCERNING OUR PRODUCTS OR SERVICES.

This Site is intended for users located in the United States, and IT is not intended for users located in other countries, including the European Union and the European Economic Area.  By using this Site, you acknowledge and agree that you are using the Site from within the United States.

NOTICE AT COLLECTION 

Data Collection: We currently collect the categories of personal information listed in the chart below, and we may use the data for the purposes identified for each category.   As permitted by applicable law, we may use and disclose all of the personal information that we collect in order to:

  • Comply with federal, state, or local laws;
  • Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities;
  • Cooperate with law enforcement agencies concerning conduct or activity that we, a service provider, or a third party reasonably and in good faith believe may violate federal, state, or local law;
  • Exercise or defend legal claims; and
  • Collect, use, retain, sell, or disclose consumer information that is deidentified or in the aggregate consumer information.

 

Please also see the Do Not Sell My Personal Information and No Financial Incentive sections of this Policy for additional information.

Category of Personal Information

Examples and Purposes

Identifiers

Examples: real name, alias, postal address, unique personal identifier, online identifier Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers

Purposes for Which Category Will Be Used: We use this category of personal information to:

  • Process your purchases and returns;
  • Process your payments and refunds;
  • Detect fraud and prevent loss;
  • Provide you with information about our products and services;
  • Contact you about products or services that may be of interest to you;
  • Enable you to track the status of your purchase or return;
  • Establish and maintain your user account with us;
  • Manage our relationship with you;
  • Allow you to contact us and facilitate your communication with us;
  • Respond to your feedback, requests, questions, or inquiries;
  • Register you for our email distribution lists;
  • Send you periodic emails;
  • Administer a contest, sweepstakes, promotion, or survey;
  • Enable you to share reviews, comments, questions, and answers;
  • Provide you more tailored advertising;
  • Operate the Site and prepare aggregate traffic information;
  • Engage with you on social media;
  • Operate our business;
  • Facilitate corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers;
  • Ensure safety of person or property; and
  • Ask if you would like for us to share your information with third parties.

Categories of personal information described in California’s data breach notification law

Examples: name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information

Purposes for Which Category Will Be Used: We use this category of personal information to:

  • Process your purchases and returns;
  • Process your payments and refunds;
  • Detect fraud and prevent loss;
  • Provide you with information about our products and services;
  • Contact you about products or services that may be of interest to you;
  • Enable you to track the status of your purchase or return;
  • Establish and maintain your user account with us;
  • Manage our relationship with you;
  • Allow you to contact us and facilitate your communication with us;
  • Respond to your feedback, requests, questions, or inquiries;
  • Register you for our email distribution lists;
  • Send you periodic emails;
  • Administer a contest, sweepstakes, promotion, or survey;
  • Enable you to share reviews, comments, questions, and answers;
  • Provide you more tailored advertising;
  • Operate the Site and prepare aggregate traffic information;
  • Engage with you on social media;
  • Operate our business;
  • Facilitate corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers;
  • Ensure safety of person or property; and
  • Ask if you would like for us to share your information with third parties.

Commercial information

Examples: Records of personal property, products or services (work, labor, and services, including services furnished in connection with the sale or repair of goods) purchased, obtained, or considered, or other purchasing or consuming histories or tendencies

Purposes for Which Category Will Be Used: We use this category of personal information to:

  • Process your purchases and returns;
  • Process your payments and refunds;
  • Provide you with information about our products and services;
  • Detect fraud and prevent loss;
  • Contact you about products or services that may be of interest to you;
  • Enable you to track the status of your purchase or return;
  • Establish and maintain your user account with us;
  • Manage our relationship with you;
  • Respond to your feedback, requests, questions, or inquiries;
  • Enable you to share reviews, comments, questions, and answers;
  • Administer a contest, sweepstakes, promotion, or survey;
  • Provide you more tailored advertising;
  • Conduct research and analysis and improve our products and marketing efforts;
  • Determine and track customer interests, needs, and preferences;
  • Develop new products and services;
  • Improve our customer service;
  • Maintain insurance for our business;
  • Maintain our inventory records and perform our accounting and audit functions;
  • Operate our business;
  • Facilitate corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers;
  • Ensure safety of person or property; and
  • Ask if you would like for us to share your information with third parties.

Internet or other electronic network activity information

Examples: browsing history; search history; internet service provider (ISP); type of computer; type of web browser; URLs of any referring or exited webpages; operating system; information about your interaction with the Site or advertisements on it; data about which pages you visit; the date and time of your visit; your domain server; and your browser type

Purposes for Which Category Will Be Used:  We use this category of personal information to:

  • Detect fraud and prevent loss;
  • Contact you about products or services that may be of interest to you;
  • Respond to your feedback, requests, questions, or inquiries;
  • Provide you more tailored advertising;
  • Operate the Site and prepare aggregate traffic information;
  • Conduct research and analysis and improve our products and marketing efforts;
  • Determine and track customer interests, needs, and preferences;
  • Operate our business;
  • Facilitate corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers;
  • Ensure safety of person or property;
  • Ask if you would like for us to share your information with third parties;
  • Recognize your browser/device and remember your preferences and interactions
  • Operate, enable, and improve the Site and its content/functionality;
  • Understand how you interact with the Site and enhance your experience on the Site by providing a more personal and interactive experience;
  • Track visits to the Site and usage analytics (e.g. page response times, download errors, length of visit, webpages visited, etc.);
  • Manage and maintain the security of the Site; and
  • Provide notice of changes to the Site or the services we offer or provide through it.

Please see the “Cookies and Similar Technologies” section of this Policy for more information, including information about the specific technologies in use.

Geolocation data

Examples: Location data automatically collected during use of the Site; location data provided when locating stores; time zone; shipping and billing information

Purposes for Which Category Will Be Used: We use this category of personal information to:

  • Process your purchases and returns;
  • Process your payments and refunds;
  • Provide you with information about our products and services;
  • Contact you about products or services that may be of interest to you;
  • Enable you to track the status of your purchase or return;
  • Establish and maintain your user account with us;
  • Administer a contest, sweepstakes, promotion, or survey;
  • Enable you to share reviews, comments, questions, and answers;
  • Provide you more tailored advertising;
  • Operate the Site and prepare aggregate traffic information;
  • Operate our business;
  • Facilitate corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers;
  • Ensure safety of person or property;
  • Ask if you would like for us to share your information with third parties;
  • Operate, enable, and improve the Site and its content/functionality;
  • Track visits to the Site and usage analytics (e.g. page response times, download errors, length of visit, webpages visited, etc.); and
  • Manage and maintain the security of the Site.

Audio, electronic, visual, thermal, olfactory, or similar information

Examples: Call center recordings and electronic communications with us

Purposes for Which Category Will Be Used: We use this category of personal information to:

  • Process your purchases and returns;
  • Process your payments and refunds;
  • Detect fraud and prevent loss;
  • Provide you with information about our products and services;
  • Contact you about products or services that may be of interest to you;
  • Enable you to track the status of your purchase or return;
  • Establish and maintain your user account with us;
  • Manage our relationship with you;
  • Allow you to contact us and facilitate your communication with us;
  • Respond to your feedback, requests, questions, or inquiries;
  • Enable you to share reviews, comments, questions, and answers;
  • Register you for our email distribution lists;
  • Send you periodic emails;
  • Administer a contest, sweepstakes, promotion, or survey;
  • Provide you more tailored advertising;
  • Engage with you on social media;
  • Conduct research and analysis and improve our products and marketing efforts;
  • Determine and track customer interests, needs, and preferences;
  • Improve our customer service;
  • Operate our business;
  • Facilitate corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers;
  • Ensure safety of person or property; and
  • Ask if you would like for us to share your information with third parties.

 

Additional Data Collection and Uses:  We will not collect categories of personal information other than those disclosed above without providing a new notice at collection.  In addition, we will not use your personal information for any purpose other than those disclosed above.  If we intend to use your personal information for a purpose that was not previously disclosed in the notice at collection, we will directly notify you of the new use and obtain consent from you to use it for the new purpose.

Is entry of personal information required?  You may choose not to provide us with personal information, but you will not be able to access portions of the Site that require your personal information (such as completing online orders).  Some pages of the Site, including our online forms and applications, may give you the option of providing certain of your personal information.  If you want to change or update any information about yourself that you have submitted, you may contact us via the contact methods listed at the end of this Policy.

Public Comments. Some areas of our Site may offer forums or provide the opportunity for users to post comments or reviews in a public forum. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information.  If you decide to submit your personal information in these areas, you do so at your own risk and acknowledge that the information will be publicly-available.

PERSONAL INFORMATION COLLECTION DURING LAST 12 MONTHS

Personal Information Collected: We have collected the categories of personal information listed below during the preceding 12 months, and we used that data for the purposes identified under each category.

  1. Identifiers
    1. Examples: real name, alias, postal address, unique personal identifier, online identifier Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers
    2. Categories of Sources: You, the consumer
    3. Business and Commercial Purposes for Collecting:  We use this category of personal information to:
  • Process your purchases and returns;
  • Process your payments and refunds;
  • Detect fraud and prevent loss;
  • Provide you with information about our products and services;
  • Contact you about products or services that may be of interest to you;
  • Enable you to track the status of your purchase or return;
  • Establish and maintain your user account with us;
  • Manage our relationship with you;
  • Allow you to contact us and facilitate your communication with us;
  • Respond to your feedback, requests, questions, or inquiries;
  • Register you for our email distribution lists;
  • Send you periodic emails;
  • Administer a contest, sweepstakes, promotion, or survey;
  • Enable you to share reviews, comments, questions, and answers;
  • Provide you more tailored advertising;
  • Operate the Site and prepare aggregate traffic information;
  • Engage with you on social media;
  • Operate our business;
  • Facilitate corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers;
  • Ensure safety of person or property; and
  • Ask if you would like for us to share your information with third parties.

 

    1. Categories of third parties with whom we share personal information:  We have shared this category of personal information with the following categories of third parties: 
  • Subsidiaries and affiliates
  • Service providers (e.g. accounts, attorneys, advisors, mailing, marketing, shipping fulfillment, payment processing, Site administration, technical support, modeling, analytics)
  1. Categories of personal information described in California’s data breach notification law
    1. Examples: name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information
    2. Categories of Sources: You, the consumer
    3. Business and Commercial Purposes for Collecting:  We use this category of personal information to:
  • Process your purchases and returns;
  • Process your payments and refunds;
  • Detect fraud and prevent loss;
  • Provide you with information about our products and services;
  • Contact you about products or services that may be of interest to you;
  • Enable you to track the status of your purchase or return;
  • Establish and maintain your user account with us;
  • Manage our relationship with you;
  • Allow you to contact us and facilitate your communication with us;
  • Respond to your feedback, requests, questions, or inquiries;
  • Register you for our email distribution lists;
  • Send you periodic emails;
  • Administer a contest, sweepstakes, promotion, or survey;
  • Enable you to share reviews, comments, questions, and answers;
  • Provide you more tailored advertising;
  • Operate the Site and prepare aggregate traffic information;
  • Engage with you on social media;
  • Operate our business;
  • Facilitate corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers;
  • Ensure safety of person or property; and
  • Ask if you would like for us to share your information with third parties.

 

    1. Categories of third parties with whom we share personal information:  We have shared this category of personal information with the following categories of third parties: 
  • Subsidiaries and affiliates
  • Service providers (e.g. accounts, attorneys, advisors, mailing, marketing, shipping fulfillment, payment processing, Site administration, technical support, modeling, analytics)
  1. Commercial information
    1. Examples: Records of personal property, products or services (work, labor, and services, including services furnished in connection with the sale or repair of goods) purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
    2. Categories of Sources: You, the consumer
    3. Business and Commercial Purposes for Collecting: We use this category of personal information to:
  • Process your purchases and returns;
  • Process your payments and refunds;
  • Provide you with information about our products and services;
  • Detect fraud and prevent loss;
  • Contact you about products or services that may be of interest to you;
  • Enable you to track the status of your purchase or return;
  • Establish and maintain your user account with us;
  • Manage our relationship with you;
  • Respond to your feedback, requests, questions, or inquiries;
  • Enable you to share reviews, comments, questions, and answers;
  • Administer a contest, sweepstakes, promotion, or survey;
  • Provide you more tailored advertising;
  • Conduct research and analysis and improve our products and marketing efforts;
  • Determine and track customer interests, needs, and preferences;
  • Develop new products and services;
  • Improve our customer service;
  • Maintain insurance for our business;
  • Maintain our inventory records and perform our accounting and audit functions;
  • Operate our business;
  • Facilitate corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers;
  • Ensure safety of person or property; and
  • Ask if you would like for us to share your information with third parties.
    1. Categories of third parties with whom we share personal information:  We have shared this category of personal information with the following categories of third parties: 
  • Subsidiaries and affiliates
  • Service providers (e.g. accounts, attorneys, advisors, mailing, marketing, shipping fulfillment, payment processing, Site administration, technical support, modeling, analytics
  1. Internet or other electronic network activity information
    1. Examples: browsing history; search history; internet service provider (ISP); type of computer; type of web browser; URLs of any referring or exited webpages; operating system; information about your interaction with the Site or advertisements on it; data about which pages you visit; the date and time of your visit; your domain server; and your browser type
    2. Categories of Sources: You, the consumer
    3. Business and Commercial Purposes for Collecting: We use this category of personal information to:
  • Detect fraud and prevent loss;
  • Contact you about products or services that may be of interest to you;
  • Respond to your feedback, requests, questions, or inquiries;
  • Provide you more tailored advertising;
  • Operate the Site and prepare aggregate traffic information;
  • Conduct research and analysis and improve our products and marketing efforts;
  • Determine and track customer interests, needs, and preferences;
  • Operate our business;
  • Facilitate corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers;
  • Ensure safety of person or property;
  • Ask if you would like for us to share your information with third parties;
  • Recognize your browser/device and remember your preferences and interactions
  • Operate, enable, and improve the Site and its content/functionality;
  • Understand how you interact with the Site and enhance your experience on the Site by providing a more personal and interactive experience;
  • Track visits to the Site and usage analytics (e.g. page response times, download errors, length of visit, webpages visited, etc.);
  • Manage and maintain the security of the Site; and
  • Provide notice of changes to the Site or the services we offer or provide through it.

Please see the “Cookies and Similar Technologies” section of this Policy for more information.

 

    1. Categories of third parties with whom we share personal information:  We have shared this category of personal information with the following categories of third parties: 
  • Subsidiaries and affiliates
  • Service providers (e.g. accounts, attorneys, advisors, mailing, marketing, shipping fulfillment, payment processing, Site administration, technical support, modeling, analytics
  1. Geolocation data
    1. Examples: Location data automatically collected during use of the Site; location data provided when locating stores; shipping and billing information
    2. Categories of Sources: You, the consumer
    3. Business and Commercial Purposes for Collecting: We use this category of personal information to:
  • Process your purchases and returns;
  • Process your payments and refunds;
  • Provide you with information about our products and services;
  • Contact you about products or services that may be of interest to you;
  • Enable you to track the status of your purchase or return;
  • Establish and maintain your user account with us;
  • Administer a contest, sweepstakes, promotion, or survey;
  • Enable you to share reviews, comments, questions, and answers;
  • Provide you more tailored advertising;
  • Operate the Site and prepare aggregate traffic information;
  • Operate our business;
  • Facilitate corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers;
  • Ensure safety of person or property;
  • Ask if you would like for us to share your information with third parties;
  • Operate, enable, and improve the Site and its content/functionality;
  • Track visits to the Site and usage analytics (e.g. page response times, download errors, length of visit, webpages visited, etc.); and
  • Manage and maintain the security of the Site.

 

    1. Categories of third parties with whom we share personal information:  We have shared this category of personal information with the following categories of third parties: 
  • Subsidiaries and affiliates
  • Service providers (e.g. accounts, attorneys, advisors, mailing, marketing, shipping fulfillment, payment processing, Site administration, technical support, modeling, analytics
  1. Audio, electronic, visual, thermal, olfactory, or similar information
    1. Examples: Call center recordings and electronic communications with us
    2. Categories of Sources: You, the consumer
    3. Business and Commercial Purposes for Collecting: We use this category of personal information to:
  • Process your purchases and returns;
  • Process your payments and refunds;
  • Detect fraud and prevent loss;
  • Provide you with information about our products and services;
  • Contact you about products or services that may be of interest to you;
  • Enable you to track the status of your purchase or return;
  • Establish and maintain your user account with us;
  • Manage our relationship with you;
  • Allow you to contact us and facilitate your communication with us;
  • Respond to your feedback, requests, questions, or inquiries;
  • Enable you to share reviews, comments, questions, and answers;
  • Register you for our email distribution lists;
  • Send you periodic emails;
  • Administer a contest, sweepstakes, promotion, or survey;
  • Provide you more tailored advertising;
  • Engage with you on social media;
  • Conduct research and analysis and improve our products and marketing efforts;
  • Determine and track customer interests, needs, and preferences;
  • Improve our customer service;
  • Operate our business;
  • Facilitate corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers;
  • Ensure safety of person or property; and
  • Ask if you would like for us to share your information with third parties.

 

    1. Categories of third parties with whom we share personal information:  We have shared this category of personal information with the following categories of third parties: 
  • Subsidiaries and affiliates
  • Service providers (e.g. accounts, attorneys, advisors, mailing, marketing, shipping fulfillment, payment processing, Site administration, technical support, modeling, analytics

Personal Information Sold: We do not sell personal information, and we have not sold personal information during the preceding 12 months.

Personal Information Disclosed for a Business Purpose: We have disclosed for a business purpose the categories of personal information listed below during the preceding 12 months:

  • Identifiers
  • Categories of personal information described in California’s data breach notification law
  • Commercial information
  • Internet or other electronic network activity information
  • Geolocation data
  • Audio, electronic, visual, thermal, olfactory, or similar information

We share your personal information with our service providers that need access to your information to provide operational or other support services on our behalf.  Service providers help us administer the Site; support our provision of services/products requested by you; provide technical support; send marketing, promotions and communications to you about our services/products; provide payment processing; and assist with other legitimate purposes permitted by law.  For example:

  • Shopify.  We use Shopify to power our online store, and they are our ecommerce vendor.  In order to provide the Site and our ecommerce platform, Shopify collects your name, email address, shipping and billing address, payment information, phone number, IP address, information about orders that are initiated, information about the Shopify-supported merchant stores that are visited by you, and information about the device and browser that you use.  Shopify uses this information to provide us with the services, including supporting and processing orders, risk and fraud screening, authentication, and payments. Shopify also uses this information to improve its services. Because we use Shopify Pay, Shopify also stores and uses this information to pre-fill customer checkout information. Shopify also uses this information to help customize and improve the experience when you visit our store by presenting the goods and services that are more likely to be of interest to you. Shopify also uses personal information to conduct automated decision-making. For example, Shopify uses certain personal information (for example, IP addresses or payment information) to automatically block certain potentially fraudulent transactions for a short period of time. You can read more about how Shopify uses and shares personal information here: https://www.shopify.com/legal/privacy.
  • ShipStation. We rely on ShipStation to assist with order fulfillment.  To provide these services and to fulfill your orders, ShipStation has access to the following personal information:  names, email addresses, phone numbers, physical addresses, geolocations, IP addresses, browser user agents, Shopify account, and phone numbers. ShipStation can modify orders, transactions, and fulfillments; read products, variants, and collections; read inventory; read locations; and read orders, transactions, and fulfillments. You can read more about how ShipStation uses and shares personal information here: https://www.shipstation.com/privacy-policy/.
  • SurveyMonkey. We use SurveyMonkey to provide online surveys, and it can read products, variants, and collections; modify customer details and customer groups; modify orders, transactions, and fulfillments; read analytics; read checkouts; read customer details and customer groups; and read orders, transactions, and fulfillments. To provide these services, SurveyMonkey has access to the following personal information:  customer names, email addresses, phone numbers, physical addresses, geolocations, IP addresses, and browser user agents.  You can read more about how SurveyMonkey uses and shares personal information here: https://www.surveymonkey.com/mp/legal/privacy-policy.

NO FINANCIAL INCENTIVES

We do not offer financial incentives or any price or service difference in exchange for the retention or sale of your personal information.

COOKIES AND SIMILAR TECHNOLOGIES

First-Party and Third-Party Cookies

A “cookie” is a small file created by a web server that can be stored on your device (if you allow) for use either during a particular browsing session (a “session” cookie) or a future browsing session (a “persistent” cookie).  “Session” cookies are temporarily stored on your hard drive and only last until they expire at the end of your browsing session.  “Permanent” cookies remain stored on your hard drive until they expire or are deleted by you.  Local stored objects (or “flash” cookies) are used to collect and store information about your preferences and navigation to, from, and on a website.

First-party cookies are set by the Site, and they can only be read by the Site.  Third Party Cookies are set by a party other than us. We use first-party and third-party session, persistent, and/or flash cookies and the information collected by them for the purposes identified in the Notice at Collection.

Similar Technologies

In addition to cookies, there are other automatic data collection technologies, such as Internet tags, web beacons (clear gifs, pixel tags, and single-pixel gifs), and navigational data collection (log files, server logs, etc.) that can be used to collect data as users navigate through and interact with the Site:

  • Web beacons: These are tiny graphics (sometimes called “clear GIFs” or “web pixels”) with unique identifiers that are used to understand browsing activity.  In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are rendered invisible on web pages when you open a page.
  • Social Widgets: These are buttons or icons provided by third-party social media providers that allow you to interact with social media services when you view a webpage or mobile app screen. These social widgets may collect browsing data, which may be received by the third party that provided the widget and are controlled by third parties.
  • UTM Codes: These are strings that can appear in a URL (the “Uniform Resource Locator,” which is typically the http or https address entered to go to a web page) when you move from one web page or website to another, where the string can represent information about browsing, such as which advertisement, page, or publisher sent the user to the receiving website.

We use similar technologies and the information collected by them for the purposes identified in the Notice at Collection.

Other Third-Party Technologies

Some third parties may use automated data collection technologies to collect information about you when you when you browse the Internet.  The information they collect about your online browsing activities over time and across different websites and other online services may be associated with your personal information and used to provide you with targeted content.  We do not control these third parties’ technologies or how they may be used.  If you have any questions about targeted content, you should contact the responsible party directly or consult their privacy policies.

Choices About Cookies

We provide you with choices regarding the personal information you provide to us, and we have created ways to give you control over your information.  Most web browsers are set by default to accept cookies.  If you do not wish to receive cookies, you may set your browser to refuse all or some types of cookies or to alert you when cookies are being sent by website tracking technologies and advertising.  You may adjust your browser settings to opt out of accepting a “persistent” cookie and to only accept “session” cookies, but you will need to log in each time you want to enjoy the full functionality of the Site.

Please be aware that, if you decline the use of cookies, you may not have access to the full benefits of the Site.  In addition, adjusting the cookie settings on the Site may not fully delete all of the cookies that have already been created.  To delete them, visit your web browser settings after you have changed your Cookie Settings on the Site.  Additional information is provided below about how to disable cookies or manage the cookie settings for some of the leading web browser providers:

Google Chrome:          https://support.google.com/chrome/answer/95647?hl=en

Firefox:                       https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

Internet Explorer:       http://windows.microsoft.com/en-GB/windows-vista/Block-or-allow-cookies

Safari:                         http://help.apple.com/safari/mac/8.0/#/sfri11471

To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website at: https://www.macromedia.com/support/documentation/en/flashplayer/help/help09.html.

For more information on how to modify your browser settings to block or filter cookies, visit http://www.aboutcookies.org/ or http://www.cookiecentral.com/faq/.  You may learn more about internet advertising practices and related consumer resources at http://www.aboutads.info/consumers/, http://www.networkadvertising.org/choices, and http://youronlinechoices.eu/.  You can also opt out of targeted advertising on various third-party platforms by using the links below:

HOW LONG DO WE STORE AND USE YOUR PERSONAL INFORMATION?

We will retain and use your personal information for as long as is necessary to fulfill the purposes for which it was collected, to comply with our business requirements and legal obligations, to resolve disputes, to protect our assets, to provide our products and services, and to enforce our agreements.  When you place an order through the Site, we will maintain your order information for our records.

When we no longer have a reason for retaining your personal information, we will securely destroy your personal information in accordance with applicable law and our policies. We take reasonable steps to delete the personal information we collect about you, where we have a legal obligation to do so, if you ask us to delete your information, unless we determine that doing so would violate our existing, legitimate legal, regulatory, dispute resolution, contractual, or similar obligations.  To the extent permitted by law, we may retain and use anonymous and aggregated information for performance reporting, benchmarking, and analytic purposes and for product and service improvement.

We are required by law to maintain records of consumer requests submitted under the California Consumer Privacy Act and how we responded to such requests for at least 24 months.  We only use this information for recordkeeping purposes.

HOW DO WE PROTECT YOUR PERSONAL INFORMATION?

We have put security measures in place to protect the personal information that you share with us from being accidentally lost, used, altered, or disclosed or accessed in an unauthorized manner. From time to time, we review our security procedures to consider appropriate new technology and methods.

We use a secure server.  We do not store or save your financial information. While our security measures seek to protect your personal information in our possession, no security system is perfect, and no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our Site, and you do so at your own risk.  We cannot promise that your personal information will remain absolutely secure in all circumstances.

We also use reasonable security measures when transmitting personal information to consumers in response to requests under the California Consumer Privacy Act.  We have implemented reasonable security measures to detect fraudulent identify-verification activity and to prevent the authorized access to or deletion of personal information.

The safety and security of your personal information also depends on you. Where you use a password for access to restricted parts of the Site, you are responsible for keeping the password confidential.  Do not share your password with anyone.

If a data breach compromises your personal information, we will notify you and any applicable regulator when we are required to do so by applicable law.

RIGHTS AND CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

Please use the Contact Us details at the end of this Policy to exercise your rights and choices under this Policy.  If you would like to manage, change, limit, or delete your personal information or if you no longer want to receive any email, postal mail, or telephone contact from us in the future, such requests may be submitted via the Contact Us details at the end of this Policy.

Email Opt-Out. If you no longer wish to receive communications from us via email, you may opt-out by clicking the “unsubscribe” link available at the bottom of our email communications or by contacting us at privacy@bushbros.com and providing your name, mailing address, and email address so that we may identify you in the opt-out process.  Once we receive your instruction, we will promptly take corrective action.

Cookies.  You may set your browser to refuse all or some browser cookies or to alert you when cookies are being set.  For more information on how to modify your browser settings to block or filter cookies, visit http://www.aboutcookies.org/ or http://www.cookiecentral.com/faq/You may learn more about internet advertising practices and related consumer resources at http://www.aboutads.info/consumers/, http://www.networkadvertising.org/choices, and http://youronlinechoices.eu/.

Accuracy and Updating Your Personal Information. Our goal is to keep your personal information accurate, current, and complete. If any of the personal information you have provided to us changes, please let us know via “Contact Us” details provided at the end of this Policy.  You may also edit your account details if you have a user account through the Site.  For instance, if your email address changes, you may wish to let us know so that we can communicate with you. If you become aware of inaccurate personal information about you, you may want to update your information.  We are not responsible for any losses arising from any inaccurate, inauthentic, deficient or incomplete personal data that you provide to us.

Preferences.  If you wish to change your communication preferences or ask that we restrict how we use your personal information, please contact us using the information in the “Contact Us” section of this Policy.  You may follow opt-out links on any marketing communications sent to you.

Complaints. If you believe that your rights relating to your personal information have been violated, you may lodge a complaint with us by contacting us using the information provided in the “Contact Us” section of this Policy.

Nevada Residents. Effective October 1, 2019, you may submit a verified request to us at privacy@bushbros.com to request that we not make any sale (as defined under Nevada law) of any covered information (as defined under Nevada law) that we have collected or will collect about you. We will respond to any such request as required by Nevada law.  Please note that we do not sell any covered information (as defined under Nevada law).

 

DO NOT SELL MY PERSONAL INFORMATION

Under the California Consumer Privacy Act (CCPA), you have the right to direct us to stop selling your personal information to third parties and to refrain from doing so in the future.  For purposes of the CCPA, we do not sell personal information as defined under applicable law.

CCPA REQUESTS TO KNOW AND REQUESTS TO DELETE

As described in more detail below, the CCPA gives consumers the right to request that we (1) disclose what personal information we collect, use, disclose, and sell, and (2) delete certain personal information that we have collected or maintain.  You may submit these requests to us as described below, and we honor these rights where they apply.

However, by way of example, these rights do not apply where we collect or sell a consumer’s personal information if: (1) we collected that information while the consumer was outside of California, (2) no part of a sale of the consumer’s personal information occurred in California, and (3) no personal information collected while the consumer was in California is sold.  In addition, de-identified information is not subject to these rights.

If a request is submitted in a manner that is not one of the designated methods for submission, or if the request is deficient in some manner unrelated to our verification process, we will either (1) treat the request as if it had been submitted in accordance with the designated manner, or (2) provide you with specific directions on how to submit the request or remedy any deficiencies with the request, as applicable.

Request to Know

As described below, you have the right to request: (1) the specific pieces of personal information we have collected about you; (2) the categories of personal information we have collected about you; (3) the categories of sources from which the personal information is collected; (4) the categories of personal information about you that we have sold and the categories of third parties to whom the personal information was sold; (5) the categories of personal information about you that we disclosed for a business purpose and the categories of third parties to whom the personal information was disclosed for a business purpose; (6) the business or commercial purpose for collecting, disclosing, or selling personal information; and (7) the categories of third parties with whom we share personal information.  Our response will cover the 12-month period preceding our receipt of a verifiable request.

Submission Instructions.  You may submit a request to know via the Site and our toll-free telephone number (844-922-2874). You may also submit a request via email to privacy@bushbros.com. If you maintain an account with us, we may require you to submit the request through that account.

Verification Process.   We are required by law to verify the identities of those who submit requests to know, and our verification process is described in detail below.   We will inform you if we cannot verify your identity.

  • If we cannot verify the identity of the person making a request for categories of personal information, we may deny the request. If the request is denied in whole or in part for this reason, we will provide a copy of, or direct you to, our privacy policy.
  • If we cannot verify the identity of the person making the request for specific pieces of personal information, we are prohibited from disclosing any specific pieces of personal information to the requestor.  However, if denied in whole or in part for this reason, we will evaluate the request as if it is seeking the disclosure of categories of personal information about the consumer.
  • If there is no reasonable method by which we can verify the identity of the requestor to the degree of certainty required, we will state this in our response and explain why we have no reasonable method by which we can verify the identity of the requestor.

 

Response Process. Upon receiving a request to know, we will confirm receipt of the request within 10 days and provide information about how we will process your request. The information provided will describe our verification process and when you should expect a response from us (unless we have already granted or denied the request).  In general, we will respond to the request within 45 days from the day we receive it; but, if necessary, we may take up to an additional 45 days to respond to your request.  If an extension is needed, we will notify you of the extension and explain the reasons that responding to your request will take more than 45 days.

Once verification is complete, we will associate the information provided by you in the verifiable consumer request to any personal information previously collected by us about you.  We will promptly take steps to disclose and deliver, free of charge to you, the information requested.  We will provide an individualized response to requests regarding categories of personal information as required by applicable law; but, we may refer you to our general practices outlined in this Policy when our response would be the same for all consumers and all the information that is otherwise required to be in a response is presented here.

If you do not have a password-protected account with us, we may respond to a request to know related to household personal information by providing aggregate household information.  If all consumers of a household jointly request access to specific pieces of personal information for the household, we will comply with the request if we can verify the identity of each consumer.

Delivery. Except as otherwise provided by applicable law, the information will be provided in writing and may be delivered through your account with us.  If you do not maintain an account with us, we will respond by mail or electronically (at your option) in a portable and, to the extent technically feasible, readily-useable format that allows you to transmit the information to another entity.  Alternatively, we may offer a secure self-service portal for consumers to access, view, and receive a portable copy of their personal information.  If we do not take action on your request, we will, without delay and, at the latest, within the time period permitted for our response, inform you of the reasons that we did not take action and any rights you may have to appeal the decision.

Limitations. We are committed to responding to requests to know in accordance with applicable law.  However, your rights are subject to the following limitations:

  • We are only required to respond to requests to know twice in a 12-month period.
  • We are not permitted to provide specific pieces of personal information if the disclosure creates a substantial, articulable, and unreasonable risk to (1) the security of that personal information, (2) the consumer’s account with us, or (3) the security of our systems or networks. 
  • We are prohibited from disclosing Social Security numbers, driver’s license numbers, other government-issued identification numbers, financial account numbers, health insurance numbers, medical identification numbers, account passwords, and security questions and answers.

 

Denials. If we deny a verified request to know specific pieces of personal information, in whole or in part, because of a conflict with federal or state law, or an exception under applicable law, we will inform the requestor and explain the basis for the denial.  If the request is denied only in part, we will disclose the other information sought by the consumer.

Request to Delete

You have a right to request the erasure/deletion of certain personal information collected or maintained by us.  As described below, we will delete your personal information from our records and direct any service providers (as defined under applicable law) to delete your personal information from their records.

Submission Instructions:  You may submit a request to delete via our toll-free telephone number (844-922-2874) and via email to privacy@bushbros.comWe may present you with the choice to delete select portions of your personal information, but a global option to delete all personal information will be offered and more prominently presented.

Verification Process .  We are required by law to verify the identities of those who submit requests to delete, and our verification process is described in detail below.   We will inform you if we cannot verify your identity. 

  • If we cannot verify the identity of the person making a request to delete, we may deny the request.  We will, however, treat the request as a request to opt-out of sales of personal information.
  • If there is no reasonable method by which we can verify the identity of the requestor to the degree of certainty required, we will state this in our response and explain why we have no reasonable method by which we can verify the identity of the requestor.

 

Response Process. Upon receiving a request to delete, we will confirm receipt of the request within 10 days and provide information about how we will process your request.  The information provided will describe our verification process and when you should expect a response from us (unless we have already granted or denied the request).  We will use a two-step process for online requests to delete in which you must first, clearly submit the request to delete and then second, separately confirm that you want your personal information deleted.  In general, we will respond to the request within 45 days from the day we receive it; but, if necessary, we may take up to an additional 45 days to respond to your request.  If an extension is needed, we will notify you of the extension and explain the reasons that responding to your request will take more than 45 days.

Once verification is complete, we will take one of the following actions: (1) permanently and completely erase the personal information on our existing systems (with the exception of archived or back-up systems); (2) de-identify the personal information; or (3) aggregate the personal information.  For personal information stored on archived or backup systems, we may delay compliance with your request to delete for that data until the archived or backup system is next accessed or used.

If you do not have a password-protected account with us, we may respond to a request to delete related to household personal information by providing aggregate household information.  If all consumers of a household jointly request deletion for the household, we will comply with the request if we are able to verify the identity of each consumer.

Delivery.  In our response to you, we will specify the manner in which we deleted your personal information. We will also inform you of our obligation to maintain a record of the request under California law.

Limitations.  We are committed to responding to requests to delete in accordance with applicable law.  However, we are not required to delete your personal information if it is necessary for us (or our service providers) to maintain your personal information in order to:

  • Complete the transaction for which the personal information was collected;
  • Fulfill the terms of a written warranty or product recall conducted in accordance with federal law;
  • Provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you;
  • Otherwise perform a contract between us and you;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
  • Debug to identify and repair errors that impair existing intended functionality;
  • Exercise free speech, ensure the right of another consumer to exercise his/her right of free speech, or exercise another right provided for by law;
  • Comply with the California Electronic Communications Privacy Act;
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent;
  • Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
  • Comply with a legal obligation; and
  • Otherwise use the personal information, internally, in a lawful manner that is compatible with the context in which the information was provided.

Denials.  If we deny your request, we will (1) inform you that we will not comply with the request and describe the basis for the denial, including any applicable statutory and regulatory exceptions; (2) delete the personal information that is not subject to the exception; and (3) not use the personal information retained for any other purpose than provided for by the applicable exception(s).

Verification Procedures

To determine whether the individual making the request is the consumer about whom we have collected information, we will verify your identity by matching the identifying information provided by you in the request to the personal information that we already maintain about you.  As a part of this process, you will be required to provide your name, email address, and phone number. We require different levels of authentication based upon the nature of the personal information requested. A more stringent verification process is applied when (1) sensitive or valuable personal information is involved, (2) there is a greater risk of harm to the consumer, and/or (3) there is a higher likelihood that fraudulent or malicious actors would request the information.

If we cannot verify your identity based on the information already maintained, we may request additional information from you.  We will try to limit the information collected, and we will only use this information to verify your identity and for security or fraud-prevention purposes.  Except as required by law, we will delete any new personal information collected for the purposes of verification as soon as practical after processing the request. Due to the nature of the information collected that can be associated with an individual, there may not be a reasonable method by which we can verify the identity of all consumers whose personal information we hold to the degree of certainty required.

Password-Protected Account. If you have a password-protected account with us, we may verify your identity through our existing authentication practices for the account. We will require you to re-authenticate yourself before disclosing or deleting your data.  If we suspect fraudulent or malicious activity on or from the password-protected account, we will not comply with the request until further verification procedures determine that the request is authentic and that the consumer making the request is the person about whom we have collected information.

Request to Know Categories. For a request to know categories of personal information, we will verify the identity of the consumer making the request to a “reasonable degree of certainty” by matching at least two (2) data points provided by the consumer with data points maintained by us, which we have determined to be reliable for the purpose of verifying the consumer.

Request to Know Specific Pieces. For a request to know specific pieces of personal information, we will verify the identity of the consumer making the request to a “reasonably high degree of certainty” by matching at least three (3) pieces of personal information provided by the consumer with personal information maintained by us, which we have determined to be reliable for the purpose of verifying the consumer, together with a signed declaration under penalty of perjury that the requestor is the consumer whose personal information is the subject of the request. We are required by law to maintain all signed declarations as part of our record-keeping obligations.

Request to Delete.  For a request to delete, we will verify the identity of the consumer to a “reasonable degree of certainty” or a “reasonably high degree of certainty,” depending on the sensitivity of the personal information and the risk of harm to the consumer posed by unauthorized deletion.  For example, the deletion of family photographs and documents may require a reasonably high degree of certainty, while the deletion of browsing history may require a reasonable degree of certainty.

Authorized Agents

You may designate an authorized agent to make requests on your behalf by contacting us via our toll-free telephone number (844-922-2874) or via email to privacy@bushbros.com.  If you use an authorized agent to submit a request to know or a request to delete, we may require you to: (1) provide the authorized agent with written permission to do so; and (2) verify your identity directly with us.  However, we will not require these actions if you have provided the authorized agent with power of attorney pursuant to the California Probate Code.  We may deny a request from an agent that does not submit proof that they have been authorized by the consumer to act on their behalf.

Excessive Requests

If requests from a consumer are manifestly unfounded or excessive, in particular because of their repetitive character, we may either (1) charge a reasonable fee, or (2) refuse to act on the request and notify the consumer of the reason for refusing the request.  If we charge a fee, the amount will be based upon the administrative costs of providing the information or communication or taking the action requested.

CCPA NON-DISCRIMINATION

You have the right not to receive discriminatory treatment by us due to your exercise of the rights provided by the California Consumer Privacy Act.  We do not offer financial incentives and price or service differences, and we do not discriminate against consumers for exercising their rights under the CCPA.

CALIFORNIA SHINE THE LIGHT

Under California Civil Code Section 1798.83, California residents who provide personal information in obtaining products or services for personal, family, or household use may be entitled to request and obtain from us once a calendar year information about the information we shared, if any, with other businesses for direct marketing uses. At present, we do not share your personal information with third parties for those third parties’ direct marketing purposes. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing, if any, will be included in our response.  As part of the California Online Privacy Protection Act, all users of our Site may make any changes to their information at any time by contacting us at privacy@bushbros.com.

THIRD-PARTY SITES

This Policy is applicable only to the Site, and it does not apply to any third-party websites. 

The Site may contain links to, and media and other content from, third-party websites.  These links are to external websites and third parties with which we may have no relationship.  Because of the dynamic media capabilities of the Site, it may not be clear to you which links are to the Site and which are to external, third-party websites.  If you click on an embedded third-party link, you will be redirected away from the Site to the external third-party website.  You can check the URL to confirm that you have left this Site.

We cannot and do not (1) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by any third parties or their websites, (2) control third parties’ independent collection or use or your personal information, or (3) endorse any third-party information, products, services or websites that may be reached through embedded links on this Site.

Any personal information provided by you or automatically collected from you by a third party will be governed by that party’s privacy policy and terms of use.  If you are unsure whether a website is controlled, affiliated, or managed by us, you should review the privacy policy and practices applicable to each linked website.

OUR SITES ARE NOT INTENDED FOR CHILDREN

The Children’s Online Privacy Protection Act (“COPPA”), as well as other data privacy regulations, restrict the collection, use, or disclosure of personal information from and about children on the Internet.  Our Site and services are not directed to children aged 16 or younger, nor is information knowingly collected from children under the age of 16.  No one under the age of 16 may access, browse, or use the Site or provide any information to or on the Site.  If you are under 16, please do not use or provide any information on the Site (including, for example, your name, telephone number, email address, or username).  If we learn that we have collected or received personal information from a child under the age of 16 without a parent’s or legal guardian’s consent, we will take steps to stop collecting that information and delete it. If you believe we might have any information from or about a child under the age of 16, please contact us using the contact information provided below.

For more information about COPPA, please visit the Federal Trade Commission's website at: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule.

UPDATES AND CHANGES TO THIS POLICY

We reserve the right, at any time, to add to, change, update, or modify this Policy to reflect any changes to the way in which we treat your personal information or in response to changes in law. Should this Policy change, we will post all changes we make to this Policy on this page.  If we make material changes to how we treat your personal information, we will also notify you through a notice on the home page of the Site for a reasonable period of time. Any such changes, updates, or modifications shall be effective immediately upon posting on the Site. The date on which this policy was last modified is identified at the beginning of this Policy.

You are expected to, and you acknowledge and agree that it is your responsibility to, carefully review this Policy prior to using the Site, and from time to time, so that you are aware of any changes.  Your continued use of the Site after the “Last Updated” date will constitute your acceptance of and agreement to such changes and to our collection and sharing of your personal information according to the terms of the then-current Policy.  If you do not agree with this Policy and our practices, do not access, view, or use any part of the Site.

CONTACT US

For more information, or if you have any questions or concerns regarding this Privacy Policy, wish to exercise your rights, or wish to lodge a complaint with us, you may contact us using the information below, and we will do our best to assist you. Please note, if your communication is sensitive, you may wish to contact us by postal mail or telephone.

In Writing:   Bush Brothers & Company

1016 East Weisgarber Road

Knoxville, TN 37909-2669

By Telephone: 844-922-2874

By Email: privacy@bushbros.com