This privacy notice is effective August 18,2023.
This notice explains the types of personal information we collect from you either through certain interactions with us or that we obtain from third parties, how that personal information is used and shared, and how you can exercise your rights and manage certain preferences regarding this personal information. Please read this notice carefully and contact us if you have any questions.
Information Covered by this Notice
This notice applies to personal information we collect from you through our Online Services that refer to or display a link to this notice. We offer certain Online Services, including:
- Certain products, including software embedded in such products, that are designed to connect to the Internet
- Applications accessible through our websites, including certain applications accessible through a user account
- Mobile application software that may be downloaded to your mobile phone, tablet, or other supported device
- Cloud services accessible through all of the above
This notice also applies to offline interactions with us, such as submitting rebate claims by mail, registering your warranty information by mail, calling our customer service center, or otherwise interacting with us without using our Online Services, collectively “Offline Interactions”. This notice does not apply to data that is not personal information. This notice does not apply to Online Services or Offline Interactions where a different privacy notice is provided in connection with such Online Service or Offline Interaction.
This privacy notice is not a contract between us; however, by using, accessing, or interacting with our Online Services or engaging with us in Offline Interactions, you consent to the collection, use, sale, and sharing of personal information that we receive from you through such use, access, and interactions with us as described in this notice. We may change or add to this privacy notice, so we encourage you to review it periodically.
Information We Collect
We collect information about you from a variety of sources, including personal information provided directly by you and information we collect by automated methods when you interact with our Online Services.
Information Provided Directly By You
We collect personal information that you provide to us through our Online Services. For example: when you request information about or purchase a product or service through one of our websites or mobile applications; create accounts on our websites or mobile applications; apply for a job with one of our companies through our career site; subscribe for email reminders and content; request text alerts and mobile phone notifications; activate or use an internet enabled product or service; submit an online entry in one of our sweepstakes or contests; submit rebates or coupons online; take an online survey; or submit information through any other interactive features of our websites, mobile applications, internet enabled products and services, or social media profiles. We collect personal information that you provide to us or that we otherwise obtain through Offline Interactions. For example: when you submit rebate claims by mail, register your warranty information by mail, call our customer service center, or otherwise interact with use without using our Online Services.
Information Automatically Collected
Each time you access or use our Online Services, we generate and collect certain information by automated methods and technologies, see the section below entitled “Technologies Used”.
Categories of Information Collected
In particular, we have collected the following categories of personal information within the last twelve (12) months:
|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|
|B. Personal information categories listed in certain state consumer records statutes.|
(e. g., the California Customer Records statute (Cal. Civ. Code § 1798.80(e)))
|A 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.|
Some personal information included in this category may overlap with other categories.
|C. Protected classification characteristics under state 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, genetic information (including familial genetic information).||YES|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||YES|
|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.||YES|
|F. Internet or other similar network activity.||Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.||YES|
|G. Geolocation data.||Physical location or movements.||YES|
|H. Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.||YES|
|I. Professional or employment-related information.||Current or past job history or performance evaluations.||YES|
|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.||YES|
|K. Inferences drawn from other personal information.||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||YES|
We use certain methods and technologies to automatically collect and store certain types of information each time you interact with our Online Services, through your computer, mobile device, or other devices. Such automated methods and technologies can include, for example:
We store cookies on your computer. Cookies are small text files that websites send to a visitor’s computer or other internet connected device to uniquely identify the visitor’s browser and store information or settings in the browser. Cookie information typically includes such data as your referring domain, type of internet browser, operating system software, screen resolution, date and time of visit and other technical data related to your visit. Cookies also track your preferences for features and functions. These cookies are used to collect information about how you interact with our Online Services and allow us to remember you. We use this information in order to improve and customize your browsing experience and for analytics and metrics about our visitors. Cookies can be used, for example, to provide you the convenience of not having to reenter information. To manage your cookie preferences see the cookie section below entitled “Managing Your Preferences”.
A web beacon, also known as an internet tag, pixel tag, or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a webserver. Web beacons can be used, for example, to provide you with content targeted to your interests.
Clickstream data is a log generated from content that you click while browsing our websites or using our mobile applications. As your click through our websites or use our mobile applications, a record of the action may be collected and stored.
Certain features of our Online Services may enable us to access and collect information about your geographic location via the Online Services or your device (“Location-based Features”). In order to use Location-based Features, you must give us permission to use your geolocation data through your device, which may be obtained through various means including GPS, IP address, or cell tower location. If you elect not to allow us to use your geo-location data, or prevent the sharing of your geo-location data with us (either via the Online Services settings or the settings on your device), you may not be able to utilize certain Location-based Features, or the relevance to you of the information provided by certain Location-based Features may be reduced. Our Online Services may collect your precise (or GPS) location information from your device that has installed or accesses the Online Services even when such the Online Services installed on your device is closed or operating in the background and not visible to you.
How We Use Your Personal Information
We may use, sell, or disclose the personal information we collect from you as described in this notice for our business purposes, to manage our business and conduct operations, and take actions as permitted by, and to comply with, any legal or regulatory requirements. Such uses can include, for example:
- Understanding your preferences and enhancing your experience with us
- Developing, marketing, selling, and providing products and services including through electronic and direct mail
- Conducting surveys, research, and evaluations
- Processing your job application through our career site
- Personalizing your experience and delivering content, product, and service offerings relevant to your interests, including targeted offers and ads through our Online Services, third-party sites, and via email or text message (with your consent, where required by law)
- Completing your request for services, information and content, or support
- Responding to your use of features on our websites, mobile applications, and internet enabled products and services
- Responding to your inquiries about our products and services, or employment with us
- Informing you of special events, offers, or programs offered by us or with other selected companies
- Improving our communications to you
- Performing data analytics and obtaining other demographic information
- Combining information collected from you with other information obtained or collected by us or a third party, including other personal and demographic information about you
- Operating, evaluating, managing, improving, and developing our website, mobile applications, internet enabled products and services, business and operations, and administering accounts
- Detecting and protecting us and other third parties against error, negligence, fraud, theft and other illegal activities and to audit compliance with policies
- Fulfilling or meeting the reason you provided the information
- Processing your requests, purchases, transactions and payments, and preventing transactional fraud
- Maintaining the safety, security, and integrity of our Online Services, products and services, databases and other technology assets, and business
- Responding to law enforcement requests and as required by applicable law, court order, or governmental regulations
- Evaluating or conducting a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred
We also may use the personal information we collect from you as described in this notice in other ways for which we provide specific notice at the time of collection. We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice. Also, we will use the data we collect through our career site only for hiring purposes, and no other purpose.
How We Share Your Personal Information
We may disclose your personal information to a third party for a business/commercial purpose (including, without limitation, as described in this notice for our business purposes, to manage our business and conduct operations, and take actions as permitted by, and to comply with, any legal or regulatory requirements) or sell your personal information, subject to your right to opt-out of those sales (see the section below entitled “Personal Information Sales Opt-Out and Opt-In Rights”). When we disclose personal information for a business purpose, we enter a contract that describes that purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. Certain state laws prohibit third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.
We share your personal information with the following categories of third parties:
Affiliates and Related Parties
We may share personal information collected about you with any member company in the ScottsMiracle-Gro family of companies and other parties for which we act as an agent or service provider for pursuant to an agreement.
We may work with select retailers, business partners, and other companies at various times to provide expanded content, offers, or customizations. As part of such a relationship, we may share the personal information we collect about you with these companies. These companies may interact with your browser, collect, or have access to some or all of the personal information collected in connection with certain interactive functions offered through our Online Services or Offline Interactions.
We may use third-party service providers to perform certain functions or operations on our behalf and may share the personal information collected about you to allow such parties to perform these functions or operations. These third-party service providers may interact with your browser, collect, or have access to some or all of the personal information collected in connection with certain interactive functions offered through our Online Services or Offline Interactions. Examples include administering e-mail services, monitoring website activity, and running special promotions, such as online sweepstakes, contests, or surveys.
Personal information may be a business asset transferred as part of a business transaction. We may share or transfer personal information collected about you in connection with the sale or transfer of a particular portion of our business or the sale or transfer of substantially all of our assets.
Compliance with Law or Protection
We may share personal information collected from about you based on a good-faith belief that such disclosure is necessary to comply with the law or protect us or others from harm, including the integrity of our Online Services or Offline Interactions, the users of our Online Services themselves, or the public.
Per Your Consent
We may share personal information collected about you in cases where you request us to do so. For example, if you ask us to provide your information to a third-party to facilitate the resolution of a dispute.
Disclosures of Personal Information for a Business/Commercial Purpose
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business/commercial purpose:
Category A: Identifiers.
Category B: Certain customer records personal information categories.
Category C: Protected classification characteristics under California or federal law.
Category D: Commercial information.
Category E: Biometric information.
Category F: Internet or other similar network activity.
Category G: Geolocation data.
Category H: Sensory data.
Category I: Professional or employment-related information.
Category J: Non-public education information.
Category K: Inferences drawn from other personal information.
We disclose your personal information for a business/commercial purpose to the following categories of third parties:
- Service providers
- Marketing partners for which we act as an agent or service provider for pursuant to an agreement
Sales of Personal Information
In the preceding twelve (12) months, we have not sold personal information.
We may use third-party services and products in connection with the operation and management of our Online Services and content. These third-party providers help us with particular features, content, and analysis about how users access and use our Online Services. When you access or use our Online Services, certain information, such as your IP address, may be collected directly by these third-party providers. We or our third-party providers may also link your various devices so that content you see on one device may result in relevant advertising or content on another device, or the same device while visiting a third-party website.
We may also from time to time contract with third party providers to send direct mail to customers whom we think may be interested in our products or services. Third-party providers may pool the information that they collect from our Online Services with other sources of information, which may include your name and mailing address, for purposes of determining whether you might be interested in receiving direct mail.
Interest Based Advertising
We may participate in interest based and behavioral advertising. We allow third-party companies, such as ad networks, to collect certain information when you visit our Online Services. This information is used to serve ads for our products or services, or for the products or services of other companies when you visit our websites or other third-party websites. These third-party companies use non-personally-identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, hardware/software information, cookie and session ID) and personally identifiable information (e.g., static IP address) when you access websites in order to provide advertisements about goods and services likely to be of greater interest to you or advertising-related services, such as ad delivery, reporting, attribution, analytics, and market research. These third-party companies typically use a cookie, web beacon, or other similar tracking technologies to collect this information. To learn more about managing your preferences, if available, with respect to interest based and behavioral advertising, see the section below entitled “Managing Your Preferences“.
Our Online Services and Offline Interactions contain links to other websites that are not affiliated with us. We are not responsible for the privacy practices or the content of such websites. To help ensure the protection of your privacy, we recommend that you review the privacy notice of any site you visit via a link from our websites and mobile applications.
Our Online Services may include social media features. Social media features may be hosted by a third party. Your interactions with those features are governed by the privacy policies of the companies that provide them. We may display targeted ads to you through social media platforms. These ads are sent to groups of people who share traits such as likely commercial interests and demographics. See the policies of each social media platform for additional information about these types of ads.
If you contact us on one of our social media platforms or otherwise direct us to communicate with you via social media, we may contact you via direct message or use other social media tools to interact with you. In these instances, your interactions with us are governed by this notice as well as the privacy notice of the social media platform you use.
User Generated Content
We may make blogs, chat rooms, forums, message boards, and/or news groups available at various times on our Online Services. Any personal information that is disclosed in these features become publicly available and you should exercise caution when deciding to disclose your personal information in these features, including uploading photos.
Information Security and Transfer
We use reasonable security measures that are designed to help protect personal information that we collect from you through our Online Services and Offline Interactions from reasonably anticipated threats of unauthorized disclosure. While we use reasonable security measures that are designed to help protect your personal information from reasonably anticipated threats of unauthorized disclosure, the Internet is not 100% secure and we cannot and do not promise that your use of our Online Services or the personal information that we collect from you through our Online Services or Offline Interactions will be safe or secure. We encourage you to use caution when using the Internet.
We are headquartered in the United States. Information you provide to us or we collect from you will be processed in the United States on servers located in the United States. The United States is not currently considered by the European Union to provide an adequate level of data protection. We therefore rely on exceptions listed in the General Data Protection Regulation. In particular, we collect and transfer your personal information to the United States only: with your consent; in the context of your application for employment with us; to perform services under the contracts we have in place with you; or to fulfill a compelling legitimate interest of ours that does not outweigh your rights or freedoms. We strive to apply suitable safeguards to protect the privacy and security of your personal information and to use it only as described in this notice. Such personal information may be subject to disclosure under the laws of the United States. We also enter into data processing agreements and standard contractual clauses with our affiliates and vendors whenever feasible and appropriate. If you have questions about this processing or storage please contact us.
Managing Your Preferences
Interest Based Advertising
Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not respond to browser “do not track” signals. You do have the option, if available, to opt-out of interest-based advertising. Not all ad networks or other third parties offer an opt-out option for interest-based advertising.
To learn more about interest based advertising or the available opt-out for this type of advertising, visit the Network Advertising Initiative website(link opens in new tab/window) and the Digital Advertising Alliance website(link opens in new tab/window). Options you select are browser and device specific. To learn more about the Adobe Marketing Cloud Device Co-op, and to manage your choices relating to the linking of your devices, visit the Adobe Marketing Cloud Co-op website(link opens in new tab/window). To learn about opting out of Google Analytics, visit the Google Analytics website(link opens in new tab/window).
You can stop further collection of information by our mobile application by uninstalling the mobile application using the standard uninstall process available as part of your mobile device.
You may discontinue your receipt of future email communications by accessing the “manage your preferences or unsubscribe” link at the end of the email communication received and changing the preferences for the applicable content and/or email communication.
You can update or modify the personal information you provided when registering your account on our website or mobile application by logging into your account and following the instructions provided to update or modify such information.
Other Rights Regarding Your Personal Information
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see the section below entitled “Exercising Access, Data Portability, and Deletion Rights”), we will disclose to you:
- 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 that personal information
- The categories of third parties with whom we share that personal information
- The specific pieces of personal information we collected about you (also called a data portability request)
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing (i) sales, identifying the personal information categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained
We do not provide these access and data portability rights for business-to-business personal information, or where not required by any state or federal law.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see the section below entitled “Exercising Access, Data Portability, and Deletion Rights”), 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, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, 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 products to identify and repair errors that impair existing intended functionality
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law
- Comply with certain state and federal laws (e.g. the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.))
- 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 the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us
- Comply with a legal obligation, including, without limitation, our compliance with fulfilling your request
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it
We do not provide these access and data portability rights for business-to-business personal information, or where not required by any state or federal law.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
- Calling us at 626-623-9888
- Emailing us at privacy@BallastWise.com
- Submitting an online request by visiting our Personal Information Request Portal(link opens in new tab/window)
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer 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 consumer request does not require you to create an account with us. However, if we make such feature available, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request and demonstrate our compliance with applicable law.
For instructions on exercising sale opt-out rights, see the section below entitled “Personal Information Sales Opt-Out and Opt-In Rights”.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. We will deliver our written response to you by the method you indicate in your request.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer 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 consumer 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.
Personal Information Sales Opt-Out and Opt-In Rights
We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link: “Do Not Sell My Personal Information(link opens in new tab/window)”.
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by visiting our Personal Information Request Portal(link opens in new tab/window).
You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
We will not discriminate against you for exercising any of your rights provided by applicable law. Unless permitted by law, 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
We currently do not provide financial incentives with respect to your personal information. However, in the future, we may offer you certain financial incentives permitted by law that can result in different prices, rates, or quality levels. Any permitted financial 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 a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Children’s Online Privacy
We do not knowingly collect or maintain information provided by children under the age of 18.
Changes to This Notice
We reserve 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 through one of our Online Services and update the notice’s effective date. Your continued use of our website following the posting of changes constitutes your consent to these changes.
How to Contact Us
If you have any questions or comments about this notice, the ways in which we collect and use your information described here, your choices and rights regarding such use, or you wish to exercise your rights under applicable law, please do not hesitate to contact us by email at privacy@BallastWise.com, by phone at 626-623-9888.
Effective Date: 18 August 2023
Reference (Privacy Notice 1.1.6)