PRIVACY POLICY

Updated October 14, 2024

This privacy policy (“Policy”) covers www.frantznursery.com (the “Site”) owned and operated by Frantz Wholesale Nursery, LLC (“us” or “we”) and is applicable to all information about you (“you” or “your”) collected through the Site. All references in this Policy to the Site include similarly-themed Sites that we and our Affiliates (defined below) may create, own and/or operate in the future.

This Policy describes the types of information that we gather from you and the other people who visit the Sites (“Users”), how we may use that information, and how you can contact us regarding this Policy and your personal information. This Policy also describes additional rights that California Users have under the California “Shine the Light” law and the California Consumer Privacy Act (“CCPA”).

1: Your Consent

Please read this entire Policy carefully before using the Site or providing us with any information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular User (“Personal Information” or “PI”) and information that is not personally identifiable to a User (“non-PI”) (collectively “Information”). When you access or use the Site, you consent to the collection, use, processing, and disclosure of your Information in accordance with this Policy by us, our third party marketing partners, and our parent, subsidiaries, and entities under common control with us (“Affiliates”). If you do not agree to the terms of this Policy, you are not authorized to use the Site.

2: California “Shine the Light” Law

California’s “Shine the Light” law permits Users who are California residents to request information regarding our disclosure of their Information to third parties, including the categories of Information shared and a list of the names and addresses of third parties with whom the Information was shared. If you are a California resident and would like a copy of this notice, please send an email request to sales@frantznursery.com and identify that it is a “Shine the Light Request” in the subject line of the email. You may also send a letter with the request to:

Frantz Wholesale Nursery, LLC
Attention: Privacy Request
12161 Delaware Road
Hickman, CA 95323

Most browsers contain a “do-not-track” setting. In general, when a “do-not-track” setting is active, the User’s browser notifies other websites that the user does not want their personal information and online behavior to be tracked and used, for example, for behavioral advertising. If your browser is set to “do not track,” our Site will respond in accordance with that setting so that, for example, we will not be able to access any cookies stored in your browser. The impact a “do not track” setting has on a website’s operation varies from browser to browser. You should be aware that we use other means to identify Users who have previously visited our Site, including their email address and tracking a User’s online behavior while on our Site. We may use this information to tailor the User’s experience should they visit our Site or sites belonging to our Affiliates in the future. Setting your browser to “do not track” will have no impact on these practices.

3: Categories and Sources of Information Collected

We and our marketing partners and Affiliates have collected the following categories of Personal Information (“PI”) from Users in the last 12 months: (1) Identifiers, including your name, mailing address, email address, phone number, age, gender and (2) Internet Related Information, including the type of device you use, the type of browser you use, your browsing history on our Site or sites belonging to our Affiliates, and your IP address. We collect this Information in a number of different ways. We collect Information submitted by a User on our Site, and we also use technological means to collect Information about a User. This Information may be supplemented or verified by third-party services.

If you reached the Site by clicking on a link or an ad from another website or from an email sent from one of our marketing partners, then we may also capture that information to understand the interests of our Users and to keep track of third parties who direct Users to our Site. Users may supply information through our dynamically determined survey questions, which we then associate with the User’s PI to help us identify the products and services they may be interested in. We track and record a User’s behavior while on our Site and associate it with the User’s PI so that, if a User returns to our Site, we can, for example, avoid showing the User the same offers or asking the same survey questions.

In order for a User to take full advantage of the Site, we ask Users to voluntarily provide their PI to us. If a User chooses not to provide us with their PI by simply not entering it on the Site or not otherwise providing it to us, the User will not be able to access or use certain of the services or features available through the Site that require the submission of that PI. For example, a User who chooses to provide us with the PI required to register, but chose not to provide us with PII in response to a particular survey question would not receive the available points for that survey.

We use technologies such as “cookies” (small text files placed/dropped on a User’s device), “web beacons” (single-pixel GIF files) or similar technologies to track the User’s online behavior and interaction with the Site, including Google Analytics-related cookies, PushPros -related cookies, and AdRoll-related cookies. We may permit these or other third parties to use these technologies to track your online behavior for our purposes described below or their own purposes.

4: How We Use the Information We Collect

We may use the Information (whether PI or non-PI) that we collect for one or more of the following business purposes:

• To make our services related to the Site (the “Services”) more rewarding for you to use, including billing, shipping and tracking your orders. If we have any questions or concerns regarding your order, we may use this information to contact you;
• To publish, sell, or otherwise make available to third parties aggregate survey data or survey data analysis that incorporates Information;
• To help administer and protect the security of the Site and provide communication and other services and, in that regard, may share Information with third parties, including vendors and contractors who provide services to us;
• To process or complete transactions that a User requests, including providing a User’s Information to Affiliates and other third parties;
• To contact Users regarding customer service and administrative issues, such as questions about a User’s specific request, or otherwise respond to a User’s comments or requests;
• To send Users emails with information and offers from us, our marketing partners and/or our Affiliates;
• To maintain suppression or opt-out lists that we may share with third parties so that a User is not contacted when the User has asked not to be;
• To develop and/or enhance products and/or services by our Affiliates and/or third parties;
• To make telephone calls and send text messages to you with information and offers provided you consent to be marketed to in this manner as described further below;
• To compile anonymous statistical information and analysis which may be provided or sold to Affiliates or other third parties;
• To track your use of the Site, including which webpages you visit, which links you click, your mouse or cursor placement, and the time intervals between each of these actions;
• To archive or back up the Site or the Information for archival, backup, or disaster preparedness purposes;
• To provide, sell, or rent some or all of your Information to Affiliates or other third parties for our own or third parties’ advertising purposes, including without limitation for the purposes of our Affiliates or other third parties marketing directly to you; and
• To permit you to access certain web-based programs or applications on the Site.

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 with notice.

5: Sharing and Sale of Information

Subject to your right to opt-out of such sharing/sale, we may share, rent and/or sell PI and non-PI: (a) with/to third parties for marketing purposes; and (b) for the other business purposes set forth above. The third parties that we share/sell your personal information with/to may also re-sell your personal information to additional third parties.

We share your personal information for a business purpose to the following categories of third parties:

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose: (1) Identifiers, and (2) Internet Related Information.

6: Behavioral Advertising

Behavioral advertising enables us and our marketing partners and Affiliates to deliver to users what is hoped to be more relevant information and offers for products or services. We track online behavior principally by a User’s email address, while our third party marketing partners and Affiliates may use cookies, web beacons and other technological means to track users’ online behavior and to collect Information. In either case, identifying a User and their past online behavior enables the tailoring of targeted offers and advertisements. We may share this and other Information with our third party marketing partners and Affiliates and may be compensated for doing so.

7: Third Party Analytics

We may use Google Analytics and/or similar tools provided by our third party partners to help analyze how Users interact with the Site and display customized ads and other content to our Users during a current browsing session or in the future when the User is online. These analytics are performed by using the technological means described above to monitor a User’s interactions with the Site and may include the collection of PII described above.

8: Other Web Sites; Links

We and our Affiliates and marketing partners may advertise and promote the Site and we may permit our marketing partners to place ads and other content, including links to other websites, on the Site. While we try to post links only to third-party websites that share our respect for privacy, this Policy and our privacy practices do not extend to and may differ from those of third-party websites that can be accessed through links on the Site. You should review the applicable privacy policies of the third-party websites before registering with, providing Information to or navigating those websites.

9: Site Policy Regarding Children Under the Age of 18 and Non-US Residents

The Site is intended to comply with the Children’s Online Privacy Protection Act (COPPA) and CCPA. COPPA requires that web site operators never knowingly collect PI from anyone under the age of 13 without prior verifiable parental consent. The Site is not intended for minors under the age of 18 and we do not knowingly collect, use, disclose, or sell PI from minors under the age of 18. If we discover personal data from a minor under the age of 18, we will eliminate that data. Only adults age 18 or over are permitted to be Users.

By using the Site, you agree to provide us with accurate information concerning your age or identity if we request it. You also agree not to assist children under the age of 18 in accessing the Site or to attempt to contact children under 18 through the Site.

The Site is also not intended for persons not resident in the U.S. Nonetheless, users outside of the United States are advised that the Site and the services advertised on the Site is targeted for users in California, United States of America. Please be aware that if you are located in the European Union, the United Kingdom, Canada or elsewhere outside of the United States, any information you enter on the Site will be transferred outside of the country where you are to the United States of America, which may not offer an equivalent level of protection to that required in the country where you reside. European Union residents, in particular, are advised that the United States of America uses a sectoral model of privacy protection that relies on a mix of legislation, governmental regulation, and self-regulation. Article 26 of the European Union’s Data Protection Directive (Directive 95/46/EC, 1995 O.J. (L 281) 31) allows for transfer of personal data from the European Union to a third country if the individual has unambiguously given his consent to the transfer of personal information, regardless of the third country’s level of protection. By using the Site or by contacting us through a contact form, you consent to the transfer of all such information to the United States of America which may not offer an equivalent level of protection to that required in the European Union and to the processing of that information by us on our servers located in the United States of America in accordance with this Privacy Policy.

10: Telephone Consumer Protection Act

We may seek your consent to receive telemarketing calls from us, our Affiliates, or marketing partners in accordance with the rules under the Telephone Consumer Protection Act (“TCPA”). If you provide your express consent via your electronic signature for TCPA purposes, even if your mobile or landline telephone number is listed on the federal or a State’s Do-Not-Call Registry, you expressly consent to; (a) receive telemarketing calls, text (SMS) messages, and any other means of communication that your telecommunications or computing device may be capable of receiving (e.g., mms, video, etc. ) from the persons named in the consent (including through the use of automated dialing equipment); and (b) receive future information about products and services from us, our marketing partners, Affiliates, or other third parties to whom we may provide your Information via other means such as email. You may revoke your consent to be contacted in this manner by any reasonable means at any time (see the Opting-Out section below).

Merely accessing our Site without providing your express written consent for TCPA purposes does not constitute your consent to receive telemarketing calls.

Users may revoke their consent to receive telemarketing calls from us and/or the persons named in the consent by indicating that do not want to receive any further telemarketing from us or the persons named in the consent.

11: California Rights and Choices

A. California Right to Opt Out

California residents have the right to opt-out of our sale of their personal information to third parties. If you are a California resident, you may exercise your right to opt-out of our sale of your personal information to third parties by:

• Completing the form on the Do Not Sell My Personal Information webpage; or
• Sending an opt-out request in writing to sales@frantznursery.com with the subject line “Request to Opt-Out” and a description in the body of the email of the marketing or other use of the Information from which the User would like to be opted-out; or
• Sending an opt-out request in writing via U.S. mail to: Frantz Wholesale Nursery, LLC, Attention: Privacy Request, 12161 Delaware Road, Hickman, CA 95323.

If you receive offers or other communications from our third party marketing partners and would like to opt-out from future communications from them, you must contact them directly. In general, it takes up to 10 days for an Opt-Out request to take effect, but may sometimes take longer. A third party’s use of Information is subject to their privacy policy.

We may request authentication or verification of a User’s request to opt-out, for example by requesting that a User reenter their email address or other PI, by requiring authorized agents of a User to provide additional PI of the User and authorizing documents to confirm their authorization by the User, or by sending a confirmation email to a User which the User must confirm prior to the Opt-Out request taking effect.

Users may opt out from the collection of online viewing data for behavioral advertising purposes by companies who have elected to participate in one of the behavioral advertising opt-out mechanisms such as the Digital Advertising Alliance’s opt-out program. As is the case with most websites, we have not elected to participate in any of these programs at this time, and such opt-outs will not constitute an Opt-Out request under this Policy.

Users may disable cookies, web beacons and other technological means placed by our Affiliates and third party partners by adjusting their browser or email client settings. Users may also opt out from the collection of online viewing data for analytics purposes performed by Google Analytics by going to Ad Settings under their Google account. As noted above, we may identify you by your email address, third party cookies, or other means, and will use these methods to tailor your experience on our Site if you visit our Site or one of our Affiliate’s sites in the future.

B. California Right to Know

California users have a right to request disclosure of certain PI we have stored about them over the past 12 months. California users may request this disclosure by contacting us at sales@frantznursery.com with the subject line “Request to Know” or by sending a letter to our postal address below with the same request. Once we receive and confirm your verifiable User request, 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 have shared that personal information.
• Certain allowable 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:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

C. California Right to Delete

California Users 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 User request, we will delete (and direct our service providers to delete) your personal information from our (their) records, unless an exception applies; provided, however, that in some cases, strictly for regulatory compliance purposes and to better evidence/honor opt-out/unsubscribe requests (and for no other purposes), we may retain certain items of your personal information on a de-identified and aggregated basis in such a manner that the data no longer identifies you.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our obligations in connection with 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 rights, ensure the right of another User to exercise her/his free speech rights or exercise another right provided for by law.
• Comply with 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, but only if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with User expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

D. California Right to Correct

California Users have the right to request that we correct inaccurate personal information that we may maintain about you, such as your name, mailing address, email address, phone number, age, and gender.

E. Exercising California Access and Deletion Rights

For California residents to exercise their access, deletion, and/or correction rights described above, please submit a verifiable User request to us by either:

• Emailing us at: sales@frantznursery.com;
• Sending your request in writing via U.S. mail to: Frantz Wholesale Nursery, LLC, Attention: “Request to Know” or “Deletion Request,” 12161 Delaware Road, Hickman, CA 95323; or
• Calling us at (209) 874-1459.

Only a California resident or a person registered with the California Secretary of State that is authorized by a California resident to act on their behalf, may make a verifiable California User request related to their personal information. An authorized agent may make a request on your behalf by contacting us at sales@frantznursery.com with the subject “Proxy Request” together with detailed information about you. Please note that we will take steps to verify any such request with you, and may deny the request if it cannot be verified.

California residents may only make a verifiable User request for access twice within a 12-month period. The verifiable User request must:

• Provide sufficient information that allows us to reasonably verify that you are: (1) the California resident about whom we collected personal information; or (2) an authorized representative; and
• 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 that the personal information relates to you. Making a verifiable User request does not require you to create an account with us. We will only use personal information provided in a verifiable User request to verify the requestor’s identity or authority to make the request.

California Users may designate an authorized agent under the CCPA to act on their behalf by sending a letter to the postal address above with a signed letter that includes the name, email address, and date of birth of the User for verification, along with either the User’s signed designation of the authorized agent or a court order or similar legal document designating the authorized agent as acting for the User (for example, a power of attorney or letters testamentary).

F. Response Timing and Format

We endeavor to respond to all verifiable User requests within forty-five (45) days of the receipt thereof. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the twelve (12) month period preceding the receipt of your verifiable request. 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 User 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.

G. Non-Discrimination

We will not discriminate against California residents for exercising any of their privacy rights set forth above. In particular, 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; and/or
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

12: Security of Your Information

We use commercially reasonable efforts to prevent unauthorized access or disclosure, or accidental loss or destruction of your Information. We currently do not encrypt Information that we store. Given the nature of the Internet, your Information passes through entities that we are unable to control. Therefore, we cannot guarantee that our security measures or those of our Affiliates or third parties who access or transmit your Information will prevent your Information from being illegally accessed, stolen or altered.

13: Changes to this Privacy Policy

We reserve the right to revise and update this Policy at any time. If we make material changes to this Policy, we will post a notice on our Site from the date we post the revised Policy until at least 10 days after the revised Policy has been in effect. Any such revisions will be effective 10 days after posting to the Site and will apply to all Information collected by us both before and following the effective date. Your use of the Site following any such revisions will be deemed your acceptance of such revisions. Users should periodically visit this page to review our current policies on our collection and use of Information.

14: Questions, Suggestions or to Contact Us

For additional information or if you have any questions, comments, complaints, or suggestions regarding one of our Site, this Privacy Policy, or exercising your rights under California law, please contact us at sales@frantznursery.com, by mail at Frantz Wholesale Nursery, LLC, Attention: “Privacy Request”, 12161 Delaware Road, Hickman, CA 95323; or by calling us at (209) 874-4769.

This policy was last updated on October 14, 2024