Privacy Policy and Notice

Privacy Policy and Notice

This policy describes how J&P Park Acquisitions Inc. and its family of companies such as Jackson & Perkins, Parkseed, Wayside Gardens, and Vandykes (collectively “JPPA”) collects, uses, and shares your information. When you use our sites, products, or services, or otherwise form a relationship with us, we may obtain data from you and the devices you use to interact with us.

This policy is designed to provide transparency into our privacy practices and principles in a format you can navigate, read, and understand.

We commit to treat your personal information with care and respect and give you methods to contact us should you have any questions or concerns about the use of your information.

Finally, you may have received additional privacy documentation from us when you used a specific site, product, or service from us. In that case, the documentation you received should be read in conjunction with this Notice.

This policy explains:

The Scope of this Policy

This Policy describes the processing of information provided or collected on our sites and applications where this privacy policy is posted. In some instances, we may provide additional data privacy notices specific to certain products, practices, or regions. Those terms should be read in conjunction with this policy.

If you provide information to us on a third-party site or platform, the information you provide may be separately collected by the third-party site or platform. That third-party site or platform’s privacy practices will govern the use of your information. Choices you make on that third-party platform will not apply to our use of the information we have collected through our sites, products, or services.

Your Privacy Rights

If you are a resident of certain states or countries, you may have the right to know, access, correct, transfer, restrict the processing of, opt-out from certain types of processing (e.g., targeted advertising, the sale of personal data, limit the use and disclosure of sensitive information and profiling as defined by the applicable state law(s)), and delete your personal information. If you choose to exercise any of these options, we will not discriminate against you for making that decision.

You can exercise your privacy rights by clicking the “My Privacy Choices” link at the bottom of our website and select the applicable request or by contacting us at customerprivacy@parkseed.com. When we receive a request to exercise a privacy right, we will review information we have collected about you (if any) with identifying information you may have provided us (such as a login email address, mailing address, zip code, or transaction or order number) to authenticate your identity. If you use an authorized agent to submit a request, we may require the authorized agent to provide proof that you gave the agent signed permission to submit the request. We may also require you to directly confirm with us that you provided the authorized agent permission to submit the request.

There may be situations where we cannot grant your request. In such a situation, we will explain our reasoning to you and will honor your right to appeal when applicable.

Information Collected or Processed

In the preceding 12 months, JPPA may have collected or processed the categories of personal information that are identified below. We generally collect the information listed below to secure, improve, and provide our services to our customers.

  • Identifiers such as 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.
  • Customer records information such as a name, address, telephone number, credit card number, debit card number, or other payment information.
  • Commercial information including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
  • Internet or other electronic network activity information including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.
  • Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Sources of Information

The sources from which personal information may have been collected or processed are the following: information that you provided to us, online tracking technologies, automatic data collection technologies, social media platforms and networks, business partners, etc. The purpose of such collection or processing includes: providing our products and services, communicating with you, administering programs, marketing and promotional purposes (which may include targeted advertising), analytics and personalization, security and fraud prevention, legal obligations, core business functions, the job applicant process, etc.

How We Disclose Information

JPPA does not believe to have Sold (for monetary or other valuable consideration) or Shared (for cross-context behavioral advertising purposes) your personal information in the last 12 months as defined by certain state laws. However, we may disclose your information to our subsidiaries and affiliates along with our service providers and third-party processors to provide services to you. We may also disclose your information with service providers and third parties when necessary to comply with laws and regulations; respond to subpoenas and court orders; exercise our legal rights or defend against legal claims; investigate, prevent, or take action regarding illegal activities, suspected fraud, potential threats to our property or the physical safety of any person, or violations of our usage instructions and applicable terms and conditions; facilitate the financing or insuring of our business or a disposition of all or part of our business or assets or as otherwise permitted or required by law. We may disclose anonymized or aggregated data at our discretion in accordance with applicable laws.

If you post your information or content to our online forums or media sites, this information is public on the Internet. We are unable to prevent or control further use of this information and refer you to the third-party sites’ privacy policies and terms of use to learn more about their privacy practices.

Your Controls and Choices

You can control how and when you want to receive marketing emails from JPPA by clicking on the “unsubscribe” link located at the bottom of our email communications to you. This will not affect your receipt of administrative emails (for example, emails about your account, transactions, or policy changes) for your registered account.

Our Commitment to Protecting Information Belonging to Children

Our services are not intended for children under the age of 16. We do not knowingly collect information via our sites, products, and services from users under the age of 16. If you use our Services, you represent that you are at least the age of majority under the laws of the jurisdiction of your place of residence. If you believe your child has provided us with personal information, please alert us at customerprivacy@parkseed.com. If we learn that we have collected personal information from a minor, we will promptly take steps to delete such information and terminate the minor’s account.

Cookies and Other Technologies

Cookies are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our services are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features. We recommend you keep cookies activated. We have broken up our cookies into categories to help you understand what they do.

  • Essential: These cookies are required to use our services. For example, they are necessary to access our website and login to your account.
  • Performance: These cookies track how you interact with our website. For example, these cookies let us know which pages on our website load slowly or are not optimized for mobile use. We use this information to make improvements to our user experience.
  • Functionality: These cookies track information about you to make using our website easier. For example, we may retain information such as your login status and viewing preferences.
  • Marketing and Analytics: These cookies help us create targeted advertising experiences on our websites.

You can manage your cookie preferences on our cookie banner that pops up when you first visit our website.

Use of YouTube API Services

      

Our application utilizes the YouTube API Services to provide enhanced video content and functionalities. By using this feature, you agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms). Additionally, information accessed or retrieved from YouTube through our application is subject to Google’s Privacy Policy, which can be reviewed at Google Privacy Policy.

      

Please be aware that when using our app with YouTube integration, certain data such as your device type, video watch history, and interactions with content may be shared with Google. We ensure that any data usage complies with our own privacy policy in addition to Google’s standards and requirements.

Global Privacy Control

If you would like to control the use of cookies and similar internet technologies on your computer, you can use web browsers listed with the Global Privacy Control tool built into them. These browsers limit cookie technologies and how they work while you browse the internet. You can find a list of browsers with the Global Privacy Control tool built into it here: https://globalprivacycontrol.org/#download.

The use of the website and web browsers located at the site above is at your own risk, subject to the agreements from those web browsers’ developers, and subject to their privacy policies. JPPA does not accept any liability associated with your use of the website above or the content you may download from that website.

Our Global Data Transfer Practices

We store and process your personal information on our servers located within the United States but may transfer your personal information to other countries outside of the United States for the purposes described in this Privacy Policy. By using our websites, products, or services, you agree to the global transfer process and storage of your personal information.

Contacting Supervisory Authorities

If you would like to lodge a complaint against us, you may contact your local privacy regulator. If you have trouble locating a privacy regulator, please contact our privacy office at customerprivacy@parkseed.com and they will help you contact the appropriate enforcement agency.

How to Contact Us

If you have any questions about how we process your information, you can contact us at:

Phone: 1-888-521-1995

Email: customerprivacy@parkseed.com

This policy was last updated on: May 23, 2023

Relationship-Specific Details

Web Users

Description

Visitors to our websites who browse, shop, or sign up for an account with JPPA.

Categories of Information

JPPA has gathered the following categories of information from its websites for its business purposes:

  • Personal Identifiers such as name, email address, physical address, and phone number.
  • Commercial Information such as credit card information.
  • Internet Data such as IP address, cookie, and beacon data.
  • Inferences such as preferences and likes from social media and friend referrals.
  • Education Data such as level of education.

Category of Data Subjects

JPPA collects this information from people who use its websites.

The Source from which this Information was Collected

This information is provided by web users to JPPA.

Purpose of Processing

Performing services including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytics services, or providing similar services.

Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.

Short-term transient use including, but not limited to, the contextual customization of ads shown as part of the same interaction.

Legal Basis for Processing

This information is processed pursuant to JPPA’s legitimate business interests or to enter into contractual relationships.

Automated Processing or Profiling

Does this product/service/process use automated processing: No

Information Sharing

Categories of Recipients

This information may be provided to entities within the JPPA family of companies, payment processors, cloud infrastructure, customer relationship management tools, email marketing platforms, shipping and logistics companies, and JPPA’s customer service centers.

Description of Business Purpose

This information is provided to the categories of recipients running JPPA’s websites, taking and fulfilling orders, communicating with JPPA’s customers, and facilitating interactions with JPPA’s customers.

Is this Information Sold or Shared

Shared

Sensitive Personal Information

Category of Sensitive Personal Information Collected

N/A

Retention Period

JPPA retains this information pursuant to the timeframe allowed by applicable law.

Customer Service

Description

Information provided to JPPA through interactions with JPPA’s customer service group.

Categories of Information

JPPA has gathered the following categories of personal information from customer service calls:

  • Personal Identifiers such as name, email address, physical address, and phone number.
  • Commercial Information such as credit card information.

Category of Data Subjects

JPPA collects this information from people who call JPPA’s customer service numbers.

The Source from which this Information was Collected

This information is provided by JPPA’s customers.

Purpose of Processing

Performing services including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytics services, or providing similar services.

Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.

Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity and prosecuting those responsible for that activity.

Debugging to identify and repair errors that impair existing intended functionality.

Legal Basis for Processing

This information is processed pursuant to JPPA’s legitimate business interests or to enter into contractual relationships.

Automated Processing or Profiling

Does this product/service/process use automated processing: Yes

If yes, the general methods and logic used are: JPPA uses automated processing to track customer calls and create service tickets.

Does the automated processing affect the rights of data subjects? No.

Information Sharing

Categories of Recipients

This information may be provided to entities within the JPPA family of companies, payment processors, cloud infrastructure, customer relationship management tools, email marketing platforms, shipping and logistics companies, and JPPA’s customer service centers.

Description of Business Purpose

This information is gathered to address customer concerns and track and resolve those concerns.

Is this Information Sold or Shared

Shared

Sensitive Personal Information

Category of Sensitive Personal Information Collected

Credit card information

Retention Period

Information is retained pursuant to PCI-DSS standards.

Whether Personal Information is Transferred Internationally

Not applicable.

Retention Period

JPPA retains this information pursuant to the timeframe allowed by applicable law or regulations.

Employee/Recruit/Prospect/Candidate

Description

Information gathered from recruiting, hiring, and employee management.

Categories of Information

JPPA has gathered the following categories of information from its websites for its business purposes:

  • Personal Identifiers such as name, government-issued identification numbers, email address, physical address, and phone number.
  • Commercial Information such as banking information.
  • Protected Class Information such as ethnicity and gender when you provide that information to us or when JPPA is required by law to request that information from you.
  • Internet Data such as IP address, cookie, and beacon data.
  • Professional Employment Information such as work history.
  • Education Data such as level of education.
  • Audio/Visual Data such as data from call copy in customer service centers, recorded trainings, and customer service calls.

Category of Data Subjects

JPPA collects this information from recruits, new hires, and employees.

The Source from which this Information was Collected

This information is collected from recruits and employees directly.

Purpose of Processing

JPPA gathers this information to enter into employment relationships. Federal and local law require JPPA to gather this information.

Legal Basis for Processing

JPPA gathers this information to enter into employment relationships. Federal and local law require JPPA to gather this information.

Automated Processing or Profiling

Does this product/service/process use automated processing: Yes

If yes, the general methods and logic used are: JPPA uses limited automated processing to maintain employment records.

Does the automated processing affect the rights of data subjects? No.

Information Sharing

Categories of Recipients

This information may be provided to entities within the JPPA family of companies, payroll processors/administrators, cloud infrastructure, and customer relationship management tools.

Description of Business Purpose

This information is provided to these recipients to manage the recruitment and employment processes at JPPA.

Is this Information Sold or Shared

Shared

Sensitive Personal Information

Category of Sensitive Personal Information Collected

Government-issued ID numbers

Retention Period

This information is retained throughout the term of the employment relationship and then as required or allowed by law.

Whether Personal Information is Transferred Internationally

Not applicable.

Retention Period

This information is retained throughout the term of the employment relationship and then as required or allowed by law.