Jump to: Privacy Rights for California Residents under the California Consumer Privacy Act

General Privacy Policy

Your privacy is important to Sun Gro (“Sun Gro”, “us”’, “our”, “we”). This privacy policy (“Privacy Policy”) describes the Personal Information (defined below) we collect about you during your visits to the Sun Gro websites (www.sungro.com, www.blackgold.bz, www.sunshineadvanced.com, www.fafard.com, and www.growersgold.net, the “Website(s)”), how that information is used, with whom it may be shared, and what choices you have regarding the collection and distribution of the information.

Agreement

By visiting any of the Website(s) or using any of the features available through them (including, by creating a user account, signing up for a newsletter, submitting a question, or posting content to any of the Website(s)) you agree to the terms of this Privacy Policy and consent to our collection and use of the information we collect as outlined in this Privacy Policy and in the associated Terms of Use.

Scope

 This Privacy Policy applies only to Personal Information.  It does not cover data we collect that cannot be used to identify an individual or to pseudonymous data. Nor does it cover encoded or anonymized information or aggregated data which we collect or create about a group or category of services or features or about users which does not contain personally identifying information.  We reserve the right to share aggregate, encoded, or anonymized information with potential partners or other third parties without restriction.

What is Personal information?

For the purposes of this Privacy Policy, we define “Personal Information” as your first and last name, your e-mail address, your home or other physical address, including a street name and name of a city or town, your telephone number, your social security number, any payment or financial information, or any other identifier that permits us to contact a natural human person, like you, and/or any information that we maintain that could be used to identify you in combination with any of the identifying information described above.

Why do we collect Personal Information?

 We collect and process Personal Information to improve our services, to deliver them to you, to perform obligations under contracts we have with you, and to comply with our own legal obligations.  We also collect and process Personal Information to tailor your user experience, to send you information you have requested, to enforce our Terms, to perform research about your preferences and how you use our products and services, and to communicate with you about products and services that may be of interest to you.  If you do want to receive communications from us, you can contact us at info@sungro.com and, if you want to review, correct, or remove Personal Information we have collected, you can do so by contacting us at info@sungro.com.

What Personal Information do we collect?

  • Information You Give Us. We collect Personal Information when you voluntarily submit it to us.  For example, when you register with us, we collect your name and address. We may also ask for information about your areas of interest so that we can provide relevant resources to better serve you. You may choose not to share your geographical information or areas of interest, but we encourage you to do so to receive a more personalized experience.  Of course, you do not have to register to access the Website(s) or some of their features. However, even if you don’t register, you will need to provide your e-mail address and name when posting a comment or submitting a question to us.
  • Automated Collection: We automatically receive and store certain types of Personal Information when you visit the Website(s), such as the name of the domain and host from which you access the Internet; the IP address of the computer you are using and the browser and operating system you are using; information about any mobile device you use to access the Website(s) including the hardware model, operating system and version, unique device identifiers and mobile network information; the date and time you access the Website(s); the Internet address of the website from which you linked to the Website(s); any search terms you used to find or navigate the Website(s); and your actions on the Website(s). This information will be treated as Personal Information if we combine or link it to any of the identifying information. Otherwise, this information constitutes aggregate information and is not covered by this Privacy Policy.
  • Cookies: We may also automatically receive and store certain types of information when you visit the Website(s) through the use of cookies or similar programs. A cookie is a small text file that is sent to your computer to collect information about your activities on the Website(s).  Cookies do not contain any Personal Information and it is our policy not to track your Internet usage outside of the Website(s). If you do not want us to place cookies on your computer, you can modify your browser preferences to allow you to accept or reject all cookies or to notify you when a cookie is set. If you choose to reject all cookies, you may be unable to use certain areas of the Website(s). Please consult your browser instructions for information on how to modify your choices about cookies. Finally, you may delete any existing cookies manually from the hard drive of your device. For more information about cookies, please visit allaboutcookies.org.
  • Web Beacons: The Website(s) may contain small pieces of code to collect advertising metrics, such as counting page views, promotion views, or advertising responses.  These are called Web beacons.  We use these and Cookies to measure aggregate web statistics, including the number of monthly visitors, number of repeat visitors, most popular webpages and other information.
  • Log Data: Our web servers may also collect “log data.” Log data provides aggregate information about the number of visits to different pages on the Website(s). We may use log data for troubleshooting purposes and to track which pages people visit to improve the Site. We do not link log data collected to Personal Information. Third-party vendors may also collect aggregate log data independently from us. 
  • Social Media: The Website(s) may include social media features, such as the Facebook Like button and widgets like “ShareThis” button or interactive mini-programs that run on the Website(s). These features may collect your IP address, which page you are visiting on the Website(s), and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Website(s). Your interactions with these features are governed by the privacy policy of the company providing it.
  • Marketing e-mails: We use third party service providers to send our marketing e-mails.  There are no cookies in the e-mail. However, when you click on a link to the Website(s) included in the e-mail, a persistent cookie is placed on your computer. This cookie is used to measure the effectiveness of our e-mail marketing efforts and better understand how our users navigate through the Website(s).  To that end, we collect a variety of information about how users interact with our marking efforts, including how many times the email is opened and/or clicked, the browser type used, operating system, user email program, etc.   The cookie set by our service providers will remain on your hard drive until you delete it.
  • Advertisements: We use third party service providers to serve and host our advertisements. These third parties use persistent cookies to track the number of times the Website(s) are accessed and whether they were accessed from the advertisement. The cookies generated from the advertisements do not contain Personal Information.  If you do not want Personal Information about you used for this purpose, you may opt-out by following the procedure described below.  Note, however, that where we use a third party to provide advertising, email marketing or similar services, each such third party will have its own opt-out process, which it will manage and control.  You will need to follow those procedures to opt-out of the services they provide.

How do we use Personal Information?

As above, we use Personal Information for a variety of purposes, including to comply with our legal obligations, to enforce our rights, and to deliver information to you about our products and services.   For example, if you register with us, we may use Personal Information collected during registration to provide tailored information and resources to you based on specific areas of interest you have designated and your geographical location.  This information may also be used to provide a customized home page featuring relevant local information and news.  We also use Personal Information to respond to questions you submit to us through the Website(s) and perform functions as otherwise described to you at the time of collection.

Do we share Personal Information with others? 

Yes, we do share Personal Information we collect with others.  But, we only do so as described in this Privacy Policy and, in general, we only share Personal Information as follows:

  • With the third party or third parties that perform(s) maintenance and operation of the Website(s) on our behalf. These parties are bound by a confidentiality agreement prohibiting the unauthorized disclosure and/or use of your Personal Information.
  • With other third parties that perform services or functions on our behalf. We do not authorize such third parties to use your Personal Information for any other purposes.
  • As we believe is necessary to comply with laws, statutes, or regulations, and/or to enforce this Privacy Policy and the Terms and to protect our rights and the rights and the safety and security of others, and to protect against fraud or for risk management purposes.
  • As required by a court or government agency or to respond to a claim by you or a third party.
  • As part of a transfer of our assets, for example in the event of a merger, acquisition, corporate change or, in the unlikely event of a bankruptcy, involving SunGro.
  • As you may otherwise request or agree.

Below are some specific examples of situations in which we may share Personal Information with others:

  • Affiliates: We share much of our data, including Personal Information about you, with our affiliated entities and joint ventures when it is reasonably necessary for the purposes otherwise permitted in this Privacy Policy.
  • Service Providers: We use third party service providers to provide specific business support services to us which may involve limited access to Personal Information.  We require these companies to use the information only to provide the contracted services and prohibit them from transferring the information to another party except as needed to provide the contracted services. Examples of such services include sending emails, conducting and administering promotions, executing surveys, providing customer service, performing business analysis, and processing payments. When we employ another company to perform a function for us, we only provide them with the information that they need to perform their specific function. We are not responsible for the actions of service providers or other third parties, nor are we responsible for any additional information you provide directly to any third parties.
  • Business Transactions: We may disclose Personal Information as part of any merger, sale of company assets or acquisition, as well as in the event of an insolvency, bankruptcy or receivership.  The recipient of Personal Information following such actions may have privacy policies that differ from those in this Privacy Policy.  You will be notified via email and/or a prominent notice on the website, and you may opt-out of the use of your existing information in a new manner.
  • Special Events: If you choose to participate in a special event we offer, we may share your Personal Information with those organizations participating in the applicable event.
  • Q & A: The Website(s) contain features the permit users to submit questions to us about our products and services.  We will use Personal Information we collect to respond to these questions and, with your consent may post your question, our response and your name on the Website(s).
  • Blogs: The Website(s) offer publicly accessible blogs and social forums where you may post information about yourself and your experience with our products. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them and may be used to send you unsolicited messages.  To request removal of your Personal Information from our blog or social pages, contact us at info@sungro.com.  In some cases, we may not be able to remove Personal Information about you, in which case we will let you know if we are unable to do so and why.  Alternatively, if you used a third party application to post such information, you can remove it by logging into that application and removing the information, or by contacting the appropriate third party application.
  • Testimonials: We display personal testimonials of satisfied customers on the Website(s) site in addition to other endorsements.  With your consent we may post your testimonial along with your name.  If you wish to update or delete your testimonial, you can contact us at info@sungro.com.
  • Disclosure: Upon request we will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Information. To request this information please contact us at: info@sungro.com.
  •  Other Privacy Policies: Any third parties to whom we may disclose Personal Information may have their own privacy policies that describe how they use and disclose Personal Information. Those policies will govern use, handling, and disclosure of Personal Information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties.
  • Third Party Sites: While browsing the Website(s), you may encounter links to other companies or agencies that are not controlled by us.  We not responsible for the privacy practices of such other sites. We encourage you to be cautious when leaving our Website(s) and carefully read the privacy statements of other websites.

 Access to Personal Information

If your information changes or if you want to unregister, you may correct or update your information or deactivate your account by making the change on your account information page or by emailing Sun Gro at info@sungro.com.

 Choice/Opt-Out

You may use the Website(s) without registering. Some features require you to input your name and e-mail address to receive follow-up from us. When you register to use the Website(s), you will be asked to share personal information that will allow you to receive a personalized experience on the Website(s).  You may choose not to share information other than your name and e-mail address.

If you choose to receive local newsletters or other communications and later decide you no longer wish to subscribe, you may opt out of receiving them by following the unsubscribe instructions included in each newsletter.

Security

We have reasonable security measures in place to protect against loss, misuse and alteration of Personal Information under our control.  No method of transmission over the Internet, or method of electronic storage, is 100% secure.  While we strive to safeguard Personal Information, we cannot guarantee or warrant the security of any information you disclose or transmit to us and you do so at your own risk.

To mitigate this risk, you should (a) use (when necessary) secure usernames and passwords and carefully protect them from disclosure and (b) implement updated internet security and virus protection on your computer. If you suspect that your computer’s security or your information has been compromised or your password accessed or used by an unauthorized third party, please contact us immediately at info@sungro.com.

If we become aware of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Website(s) if a security breach occurs. We may also send an email to you at the email address you have provided to use in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach via first class mail.

You should also be aware of how you handle and disclose Personal Information and should avoid sending Personal Information through insecure email. Please refer to the Federal Trade Commission’s website at http://www.business.ftc.gov/privacy-and-security/consumer-privacy for information about how to protect yourself against identity theft.

Storing Personal Information

We will retain the Personal Information you give us or we collect for as long as you maintain your account or subscription to our newsletters or other content, participate in any of the social features on the Website(s), use any of our other services and for a reasonable time thereafter. We will retain and use Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.  Otherwise we will retain Personal Information for up to twenty-four (24) months and thereafter may store it in aggregate.  If you’d like us to delete the information you have provided to us, please contact us at info@sungro.com. and we will respond in a reasonable time. Please note that some or all of this information may be required for you to make use of the services and features available via the website(s).  If you remove this information, you may no longer be able to use these features.

We generally store Personal Information in the United States of America (“USA” or “United States”). However, we may transfer your Personal Information from the United States to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating our business. By providing any information to us, you consent to such transfer, storage, and processing.

“Do Not Track”

 Section 22575 of the California Business & Professions Code requires websites and online service operators to disclose whether they honor web browser “Do Not Track” settings. We support and honor “Do Not Track” web browser settings. If you enable Do Not Track settings in the browser you are using, we will not collect, store, or use Personal Information about websites you visit using that browser other than the Site. Other parties, however, may not honor Do Not Track signals. These parties may collect Personal Information about your online activities over time and across different pages when you visit the Site, for example by using cookies on our Site. We have no access to or control over other parties’ Personal Information collection practices, even those with which we may have an affiliation. You should carefully review the privacy policy and terms of any websites you visit. For more information about Do Not Track, please visit www.allaboutdnt.org.

 Commercial Electronic Message Consent

 By providing your email address to us through the Website(s), you affirmatively and expressly consent to receiving commercial emails from SunGro and those parties that process email communications on our behalf.  These third parties may send you commercial emails to deliver the communication, to provide you with more information about available products you have purchased, and to provide you with updates, special offers, and other information, including but not limited to updates to the Website(s).

Children’s Privacy

We are committed to protecting the privacy of children. We will never knowingly request personal information from anyone under the age of 13 without prior verifiable parental consent.

Your California Privacy Rights

 Effective January 1, 2005, under California Civil Code Section 1798.83, if an individual who is a California resident has provided Personal Information to a business in connection with a business relationship that is primarily for personal, family, or household purposes, and if that business has within the immediately preceding calendar year disclosed such an individual’s Personal Information to a third party and knows or should have known that such third party used the information for its own direct marketing purposes, then that business is obligated to disclose in writing to such individual upon request, what Personal Information was shared and with whom it was shared.

Any request for a disclosure required under this California law should be sent to us via email at info@sungro.com or via regular mail at the address below.

Please note that under this law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any request that is not sent to the email or mailing address designated above.

 International Visitors

The Website(s) are hosted in and provided from the United States and are intended for visitors located within the United States.  If you create an account with us, you will be asked to provide your residence address.  If you reside outside the United States, you will not be able to create an account or use various features or services available through the Website(s) through which we collect Personal Information.

If you use the Website(s) from the European Union, Canada, or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring Personal Information to the United States for storage and processing. The United States does not have the same data protection laws as the EU, Canada, and some other regions. Also, we may transfer data from the United States to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating our business. By providing any information, including Personal Information, you consent to the transfer of that information to the United States and the use of Personal Information, in accordance with this Privacy Policy.

Changes to this Privacy Policy

We may modify this Privacy Policy from time to time as we deem necessary or appropriate due to changes in our business practices or changes in the law. If we decide to change this Privacy Policy, we will notify you of any material changes by email or by means of a notice on the Website(s), prior to the changes becoming effective so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.  By using the Website(s) after we post the modifications, you agree to them.

Contact information

If you have any questions regarding Sun Gro’s Privacy Policy, the practices of the Website(s), or your dealings with Sun Gro, please contact Sun Gro at info@sungro.com.

If Sun Gro needs, or is required, to contact you concerning any event that involves information about you, we may do so by email, telephone, or mail.

Sun Gro Horticulture

770 Silver Street, Agawam, MA, 01001

United States of America

1-800-732-8667

info@sungro.com

www.sungro.com

 

© 2018 Sun Gro Horticulture Canada Ltd.   All Rights Reserved.

® Fafard, Sunshine Advanced, Sunshine, Our Expertise is Growing, All the Riches of the Earth, RESiLIENCE and Sun Gro are registered trademarks of Sun Gro Horticulture Canada Ltd.

® Black Gold is a registered trademark of ODIN Enterprises II, LLC.   Used under license.

 

Privacy Policy and Privacy Rights for California Residents under the California Consumer Privacy Act

This is Sun Gro Horticulture Inc. (“Sun Gro”) California Privacy Policy and it also provides Sun Gro’s required notice to consumers under the California Consumer Privacy Act (CCPA).  Consumers with disabilities may access this policy in an alternative format by sending an email to: info@sungro.com

For purposes of this California privacy policy, “Personal Information” means anything that identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular California consumer or household.

[We do not and will not sell Personal Information. Additionally, we will not share this information with third parties who sell or use the information for their own purposes unless you direct us to do so.]

Notice of Categories of Personal Information We Collect and How We Use It

The Personal Information we collect about California residents includes:

Full Name, Address, City, State, Zip, email, phone number

We collect your personal information from the following sources:

Contact us web form
Ask a Garden Expert Question Form
Manufacturer’s Rebate Coupon
Contest & Sweepstakes
Testimonials

We use your personal information for the following purposes:
To reply/answer/respond to gardening questions, identify photo submissions, answer general questions, announce winners (by name & State) and responding to rebate payments.

Right to Know About Personal Information Collected, Disclosed or Sold

You have the right to know about the Personal Information we collected and disclosed about you during the prior 12 months.

Specifically, you have a right to know:

  • The specific pieces of personal information we have collected about you and your household, and
  • The categories of personal information we have collected about you, and your household including the categories of sources from which your Personal Information was collected, business or commercial purposes for which your Personal Information was collected, the categories of third parties to whom we sold or disclosed the categories of Personal Information for a business purpose, and the business or commercial purpose for selling or disclosing your personal information to a third party.

You can obtain the Personal Information we collect, disclose and/or sell by submitting a verifiable written request to us by clicking http://www.sungro.com/privacy-policy/ and downloading the PDF request and email it to info@sungro.com, or by calling us at our toll-free telephone number: 1-800-732-8667.

To ensure that the request is coming from you and to protect the security of your Personal Information, we require that you provide us with 2 out of the following 4 data points to verify your identity if you are requesting access to the categories of Personal Information we collect:  (1) email address, (2) telephone number, (3) description of the product or service you purchased or inquired about, and (4) purchase price for the product or service purchased.  If you are requesting to obtain specific pieces of Personal Information, you must provide us with 3 out of the 4 data points described plus a signed declaration under penalty of perjury from you that you are the consumer whose Personal Information is subject to the request.  You can find such a declaration by downloading a fillable PDF here and emailing to info@sungro.com. If you are requesting to obtain specific pieces of Personal Information regarding your household, each member of your household must provide the verification information above in order for us to verify their identities.

If you use an authorized agent to exercise your right to know about your Personal Information, we will verify the identity or your authorized agent by requiring your authorized agent to provide us with either (1) your power of attorney authorizing the authorized agent to act on your behalf or (2) your written authorization permitting the authorized agent to request access to your Personal Information on your behalf together with the identity verification information for you described above depending upon whether the authorized agent is requesting the categories of Personal Information about you or specific pieces of Personal Information about you.

Within 10 days of receiving your request to know, we will confirm receipt of your request and provide information about how we will process your request, including a description of our process to verify your identity and when you should expect our response.  Generally, we will respond to your request within 45 days and provide you the requested Personal Information by mail or a readily usable electronic format.  Under certain circumstances, we may take up to 90 days to respond to your request.  In these circumstances, we will provide you with notice and an explanation of the reason we will take more than 45 days to respond to your request.

If you are requesting to obtain specific pieces of your Personal Information and we are unable to verify your identity, we will deny your request and inform you that we cannot verify your identify and explain why we have no reasonable method with which we can identify you.  However, we will treat your request as a request to obtain the categories of Personal Information we collect, disclose and/or sell as described below.

If you are requesting to obtain the categories of Personal Information we collect, disclose or sell, and we are unable to verify your identity, we will deny your request, inform you that we cannot verify your identify, and direct you to our Privacy Policy which describes our general business practices regarding the collection, maintenance and sale of Personal Information.  We will also explain why we have no reasonable method with which we can identify you.

By law, we can deny your request to know specific pieces of your Personal Information, in whole or in part, if it conflicts with federal or state law.  If we deny your request for these reasons, we will notify you that your request has been denied and explain the reasons for the denial.  If your request in denied only in part, we will disclose the reminder of the Personal Information you requested.

By law, we cannot provide you with specific pieces of your Personal Information if the disclosure creates a substantial, articulable, and unreasonable risk to the security of your Personal Information.  Additionally, we are prohibited by law from disclosing to you your Social Security number, driver’s license number or other government-issued identification number, financial account information, any health insurance or medical identification number, an account password, or security questions and answers.

Notice of Your Right to Request Deletion of Your Personal Information

You have the right to submit a request to us to delete the Personal Information that we have collected or maintained about you and your household. You can request us to delete your Personal Information by submitting a verifiable written request to us by downloading a fillable PDF here and emailing to info@sungro.com and completing the request or by calling us at our toll-free telephone number: 1-800-732-8667.

To ensure that the request is coming from you and to protect the security of your Personal Information, we require that you provide us with 2 out of the following 4 data points to verify your identity if you are requesting access to the categories of Personal Information we collect:  (1) email address, (2) telephone number, (3) description of the product or service you purchased or inquired about, and (4) purchase price of the product of service purchased.

If you are requesting to delete sensitive information such as family photographs information, you must provide us with us with 3 out of the 4 data points described above to verify your identity.

If you use an authorized agent to exercise your right to delete your Personal Information, we will verify the identity or your authorized agent by requiring your authorized agent to provide us with either (1) your power of attorney authorizing the authorized agent to act on your behalf or (2) your written authorization permitting the authorized agent to request access to your Personal Information on your behalf together with the identity verification information for you described above depending upon whether the authorized agent is requesting the categories of Personal Information about you or specific pieces of Personal Information about you.

Within 10 days of receiving your request to delete, we will confirm receipt of your request and provide information about how we will process your request, including a description of our process to verify your identity and when you should expect our response.  Generally, we will respond to your request within 45 days.  Under certain circumstances, we may take up to 90 days to respond to your request.  In these circumstances, we will provide you with notice and an explanation of the reason we will take more than 45 days to respond to your request.

If we are able to verify your identity, we will delete your Personal Information by one of the following deletion methods and will notify you of the deletion method used:

  • Permanently and completely erasing the Personal Information on our existing systems except our archived or back-up systems;
  • De-identifying the Personal Information; or
  • Aggregating the Personal Information.

We may offer you the option to delete a select portion of the Personal Information you requested to be deleted in addition to the option to delete all of the Personal Information you requested to be deleted.

If your Personal Information is stored on or archived or back-up systems, we will delete the Personal Information as described above when our archived or back-up system in next accessed or used.

We will also direct our service providers to whom we have provided your Personal Information to delete your Personal Information.

If we are unable to verify your identity, we will deny your request and inform you that we cannot verify your identify

By law, we may also deny your request to delete if retention of your Personal Information is necessary to:

  • Complete our transaction with you, perform a contract with you or if your Personal Information is reasonably anticipated within the contest of our ongoing business relationship with you,
  • Detect security incidents, protect against malicious, deceptive, or illegal activity or prosecute those responsible for this activity;
  • Debug to identify and repair errors that impair existing intended functionality of our systems;
  • Exercise free speech rights;
  • Comply with the California Electronic Communications Privacy Act;
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest;
  • Enable solely internal uses that are reasonably aligned with your expectations;
  • Comply with a legal obligation; or
  • Otherwise use your Personal Information internally in a lawful manner that is compatible with the context in which you provided the information.

If we deny your request to delete, we will:

  • Inform you that we have denied your request and describe the basis for the denial including any legal exception permitting denial;
  • Delete any Personal Information that is not subject to the legal exception above; and
  • Refrain from using the Personal Information retained for any other purpose than provided for by that exception.

In responding to your request to delete, we will maintain a record of your request for the legally required period of 24 months.

Right to Nondiscrimination

You have the right to receive our products and services on equal terms regardless of whether or not you exercise your rights under the CCPA.

Further Information About Our California Privacy Policy

If you have questions or concerns regarding this Privacy Policy, please contact us at 1-800-732-8667 or at info@sungro.com.

This California Privacy Policy was last updated on July 20, 2020.

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