Privacy Policy

Effective Date:  February 28, 2022

This Privacy Policy describes the information that Fwschmittsfamilyfarm and its subsidiaries and affiliates (“we,” “our” or “us”) collect through the https://fwschmittsfamilyfarm.com websites (each, a “Site”) and how we use it, how we protect it and the choices you can make about your information. Throughout this Privacy Policy “information” includes personal information about you.

By accessing a Site, you expressly consent to the collection, use, disclosure and storage of your information and other information received by us as a result of such use in accordance with this Privacy Policy or the Terms of Use (the “Terms”). If you do not agree with the terms of this Privacy Policy or the Terms, you should immediately stop using or visiting the Site.

If you have any questions or wish to exercise your rights and choices, please contact us at [email protected].

You may have additional rights based on your jurisdiction. Please click the relevant link below for more information:

  • California
  • Nevada
  • European Economic Area, Switzerland, and United Kingdom

 

Data Transfer

If you are located outside of the United States, please note that a Site is hosted in the United States. Therefore, your information, including any personal information provided pursuant to a Site may be processed and stored in the United States. Your use of the Site or your submission of any information to us will constitute your consent to the transfer of your information outside of your home country, which may result in different data protection rules than in your country. Where required by applicable law, we will provide appropriate safeguards for data transfers, such as through the use standard contractual clauses. Please contact us at [email protected] if you have any questions about how your information may be processed or stored in the United States.

Who is Responsible for the Processing of Your Personal Data?

Fwschmittsfamilyfarm and its subsidiaries and affiliates (referred to us as “we,” “our” or “us” in this policy).

Information We Collect

We collect the following types of information in the manner described below.

1.      You may voluntarily provide us with information, including:

  • Your first and last name, postal address, country, email address, telephone number, user name, user ID, password, credit or debit card numbers and information and other payment information and other information to use a Site;
  • Information when you contact or interact with us (for example, regarding support opportunities); and
  • Any other information you voluntarily provide us with including your comments and other content in connection with using the Site.

2.      Any information we may receive through a third-party social networking service may be used as described in this Privacy Policy.

3.      We may automatically collect other information about you, including:

  • Web browser type;
  • Your Internet Protocol (IP) address;
  • Domain name of your Internet service provider;
  • Your non-precise geographic location;
  • Your device’s regional and language settings; and
  • How you use the Site, including the Site pages, emails, and advertisements that you view and the time of your visits.

4.      We may collect information about you from publicly available sources.

5.      We may combine any of the information we collect from or about you and use it in the manner described in this Privacy Policy.

How We Use Your Information

We use the information that we collect for the following purposes, including:

  • The purposes for which you provided it;
  • For fulfillment of requests;
  • To identify you as a user of a Site;
  • To send you information about your relationship with us;
  • Where permitted by applicable law, to contact you with information, including promotional information, contests and surveys, that we believe will be of interest to you (unless you have opted out);
  • To process and respond to your inquiries (for example, regarding support, employment opportunities or other requests);
  • To create aggregated or de-identified data, which we may use for any purpose as permitted by applicable law;
  • To generate and review reports and data about our user base and service usage patterns;
  • To analyze the accuracy, effectiveness, usability or popularity of a Site;
  • To improve the content and features of a Site;
  • To prevent and address fraudulent transactions and breaches of policies or terms, monitor against theft, threats, or harm, and otherwise protect our users and our business;
  • To engage in personalized advertising, including Interest-based Advertising.
  • To administer and troubleshoot a Site; and
  • As otherwise stated in this Privacy Policy and the Terms.

How Your Information is Disclosed

Information may be disclosed in accordance with our Privacy Policy.  Please note that you may choose not to disclose certain information as described in “Your Choices Regarding Your Information” below.

1.      Service Providers and Contractors.  We may engage service providers and contractors to perform functions on our behalf in connection with a Site. For example, we use Attentive to provide text messaging services to you. We may disclose information about you that they need to perform their functions and in accordance with our agreements with them. To the extent required by law, we contractually prohibit our service providers and contractors from retaining, using, or disclosing information about you for any purpose other than performing the services for us, although we may permit them to use publicly available information (as that term is defined by applicable law) or information that does not identify you (including information that has been aggregated or de-identified as those terms are defined by applicable law) to the extent permitted by applicable law.

2.      Analytics and Advertising Purposes. Where permitted by applicable law, we may disclose your information in connection with analytics or advertising purposes. The recipients may act as our service providers, or in certain contexts, independently decide how to process your information. For more information on advertising and analytics, please see the “Analytics and Advertising; Cookies; Web Beacons; Do Not Track” section below.

3.      Business Changes.  If we become involved in a merger, acquisition, sale of assets, joint venture, securities offering, bankruptcy, reorganization, liquidation, dissolution, or other transaction or if the ownership of all or substantially all of our business otherwise changes, we may disclose your information to a third party or parties in connection therewith.

4.      Subsidiaries and Affiliates.  We may also disclose your information to any subsidiary or affiliate of ours for purposes consistent with this Privacy Policy.

5.      Investigations and Law.  Regardless of the choices you make regarding your information (as described below) and to the extent permitted by applicable law, we may disclose information about you to third parties to:

  • Enforce or apply the Terms;
  • Comply with law, in response to subpoenas, warrants, or court orders, or in connection with any legal process or cooperate with government or law enforcement officials or private parties;
  • Protect our rights, reputation, safety and property, or that of our users or others;
  • Protect against legal liability;
  • Establish or exercise our rights to defend against legal claims; or
  • To investigate, prevent or take action regarding suspected illegal activities, suspected fraud, the rights, reputation, safety or property of us, users or others, violation of our Terms, policies or agreements or as otherwise required by law.

6.      Aggregated and De-Identified Information. We may disclose aggregated or de-identified information (as those terms are defined by applicable law) to the extent permitted by applicable law.

7.      Public Forums. We disclose information you make public through your use of a Site, including when you post reviews. Please think carefully before making information public as you are solely responsible for any information you make public. Once you have posted information, you may not be able to edit or delete such information, subject to additional rights set out in the “Your Choices Regarding Your Information” section below.

8.      Promotions. Our promotions may be jointly sponsored or offered by other parties. When you voluntarily enter a promotion, we disclose information as set out in the official rules that govern the promotion as well as for administrative purposes and as required by law (e.g., on a winners list). By entering a promotion, you agree to the official rules that govern that promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other entities to use your name, voice and/or likeness in advertising or marketing materials.

9.      Facilitating Requests. We disclose information where you direct us to disclose information.

10.  With Your Consent. We may use your information for any other purpose for which you consent.

For information on your rights and choices regarding how we disclose information about you, please see the “Analytics and Advertising; Cookies; Web Beacons; Do Not Track” and “Your Choices Regarding Your Information” sections below.

Analytics and Advertising; Cookies; Web Beacons;

We use the following tracking technologies to automatically collect information from you:

1.   Cookies.  Cookies are small bits of information that are transferred to and stored in separate files within your device’s browser.  We use two types of cookies: persistent cookies and session cookies.

  • Persistent cookies help with personalizing your experience, remembering your preferences, bringing your advertising, and supporting security features and remain on the visitor’s device after the browser has been closed.
  • Session cookies make it easier for you to navigate our website. Session cookies exist only during a visitor’s online session and disappear from the visitor’s device when they close the browser software.

You can instruct your browser to stop accepting cookies.  But if you do not accept cookies, you may not be able to use all portions or all functionality of a Site. Your ability to limit cookies is subject to your browser settings and limitations.

2.   Web Beacons. Web beacons are small strings of code that provide a method for delivering a graphic image on a Web page, advertisement, or in an email message for the same purposes as cookies.

3.   Do Not Track. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. However, there is no industry consensus as to what site and app operators should do with regard to this signal. At this time, we do not respond to “Do Not Track” signals sent from Web browsers.

4.    Analytics. We use analytics services, such as Google Analytics, to help understand how users access and use the Sites. These analytics may rely on tracking technologies. To opt-out of tracking by Google Analytics, please visit https://tools.google.com/dlpage/gaoptout/. We are not responsible for the effectiveness of any opt outs offered by other entities.

5.    Advertising. We work with agencies, advertisers, ad networks, and other technology services to place ads about our products on other websites and services. For example, we place ads through Google and Facebook that you may view on their platforms as well as on other websites and services.

As part of this process, we may incorporate tracking technologies into our own Sites (including our websites and emails) as well as into our ads displayed on other websites and services. Some of these tracking technologies may track your activities across time and services for purposes of associating the different devices you use, and delivering relevant ads and/or other content to you (“Interest-based Advertising”).

The companies we work with to provide you with Interest-based Advertising may be participants of the Digital Advertising Alliance (“DAA”) and/or the Network Advertising Initiative (“NAI”). To opt out of receiving Interest-based Advertising from the participating companies, please visit https://www.aboutads.info/choices and https://www.networkadvertising.org/choices/ for website opt outs and https://www.aboutads.info/appchoices for mobile opt outs. Note that opting out through these links only means that the selected participants should no longer deliver Interest-based Advertising to you, but does not mean that the participants will not process your information for Interest-based Advertising purposes or that you will no longer receive Interest-based Advertising from other companies. We are not responsible for the effectiveness of any opt outs offered by other entities.

Security

While we take reasonable administrative, physical and technical measures to protect the information you submit via a Site against loss, theft and unauthorized use, disclosure, or modification, we cannot guarantee its absolute security.  No Internet or email transmission is ever fully secure or error free.  Email sent to or from a Site may not be secure.  You should use caution whenever submitting information online and take special care in deciding what information you send to us via email.

Links to Other Websites

This Privacy Policy applies only to a Site.  The Site may contain links to other websites to which this Privacy Policy does not apply.  The links from the Site do not imply that we endorse or have reviewed these websites.  The policies and procedures we describe here do not apply to these websites.  We neither can control nor are responsible for the privacy practices or content of these websites.  We suggest contacting these websites directly for information on their privacy policies.

Your Choices Regarding Your Information

You have choices regarding the use of information on a Site. In addition to these rights and choices, you may have rights based on your jurisdiction. Please click the relevant link at the top of this Privacy Policy or visit the applicable sections below for more information.

1.   Changing Your Information. You may access and make changes to your information submitted through your account, including keeping your information accurate or deleting your information, by contacting us at [email protected].

2.   Analytics and Advertising; Cookies; Web Beacons; Do Not Track.  Please see Analytics and Advertising; Cookies; Web Beacons; Do Not Track above.

Please be aware that if you disable or remove tracking technologies, some parts of the Sites may not function correctly.

3.   Social Networking.  You should make sure you are comfortable with the information that a third-party social networking service may make available to us by carefully reviewing the service’s privacy policy and terms and conditions and by modifying your privacy settings directly on that service.

4.  E-mails. You can unsubscribe from receiving promotional emails by following the unsubscribe instructions at the bottom of the email, or by emailing us at [email protected] with the word UNSUBSCRIBE in the subject field of the email. Please note that you cannot opt out of transactional messages.

5.  Text Messages. We use Attentive to provide text messaging services to you and Attentive is responsible for the maintenance of your phone number. Text messages may use information automatically collected based on your actions while on our Sites and may prompt messaging such as cart abandonment messages. You can opt-out of receiving text messages to your phone number at any time by texting “STOP” in response to any text message you receive from us or contacting us as set out in the “How to Contact Us” section below and specifying you want to opt-out of text messages.

Please note that your opt out is limited to the email address or phone number used and will not affect subsequent subscriptions.

Children

The Sites are not directed toward children under 16 years old, and we do not knowingly collect personal information from individuals under age 16. If you are under the age of 16, please do not submit any personal information through a Site.  If you are a parent or guardian and have reason to believe that we may have accidentally received personal information from an individual under age 16, please contact us immediately at [email protected]. We will delete the personal information in accordance with COPPA.

Changes to Privacy Policy

We reserve the right to update or modify this Privacy Policy at any time and from time to time without prior notice, and any changes are immediately effective upon posting of the revised Privacy Policy.  If we materially change the way in which we process your information, we may provide you with additional notice.  Please review this Privacy Policy periodically, and especially before you provide any information.  This Privacy Policy was made effective on the date indicated above.

How to Contact Us

We welcome questions, comments and concerns about our Privacy Policy.  If you wish to provide feedback, experience any difficulty accessing the information in this Privacy Policy, have questions or concerns, or wish to exercise your rights related to your personal information, please contact Customer Service, or send correspondence to [email protected].

California

The California Consumer Privacy Act (“CCPA”) and its replacement the California Privacy Rights Acts (“CPRA”), provide additional rights to California residents. This section addresses those rights and applies only to California residents. Any rights specifically relating to the CPRA will not take effect until January 1, 2023.

Notice of Collection

We have collected the following categories of personal information (as described in the CCPA/CPRA) in the past 12 months. For further details on the personal information we collect and how we obtain this information, please review the “Information We Collect” section above.

  • Identifiers, including name, postal address, email address, password, and online identifiers (such as IP address).
  • Customer Records, including phone number, billing address, and credit or debit card information.
  • Commercial or transactions information, including records of products purchased, obtained, or considered.
  • Internet activity, including browsing history, search history, and interactions with a website, email, or advertisement.
  • Non-precise geolocation data, including location derived from an IP address.
  • Inferences drawn from any of the information identified in this section.

We collect and use this personal information for the business and commercial purposes set out in the “How We Use Your Information” section above.

We disclose this personal information to the categories of persons set out in the “How Your Information Is Disclosed” sections above.

We do not sell your personal information as that term is traditionally understood. However, some of our disclosures of personal information may be considered a “sale” or “share” as those terms are defined under the CCPA/CPRA. A “sale” is broadly defined under the CCPA/CPRA to include a disclosure for something of value, and a “share” is broadly defined under the CPRA to include a disclosure for cross-context behavioral advertising. We may collect, sell, or share the following categories of personal information for commercial purposes: identifiers, characteristics, commercial or transactions information, internet activity, non-precise geolocation data, and inferences drawn. The categories of third parties to whom we may sell or share your personal information include, where applicable, vendors and other parties involved in cross-context behavioral advertising. For details about your rights regarding sales and shares, please see the “Right to Opt-Out” section below.

We do not knowingly sell or share the personal information of minors under 16 years old who are California residents.

Retention

We retain each category of personal information for the length of time that is reasonably necessary for the purpose for which it was collected, and as necessary to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.

Rights to Know, Correct, and Delete

You have the right to know certain details about our data practices. In particular, you may request the following from us:

  • The categories of personal information we have collected about you;
  • The categories of sources from which the personal information was collected;
  • The categories of personal information about you we disclosed for a business purpose or sold or shared;
  • The categories of persons to whom the personal information was disclosed for a business purpose or sold or shared;
  • The business or commercial purpose for collecting or selling or sharing the personal information; and
  • The specific pieces of personal information we have collected about you.

Unless you specify otherwise, the response we provide will cover the 12 month period preceding our receipt of the request. Starting with personal information collected on or after January 1, 2022, you may request that we disclose details beyond the 12-month period, and we shall do so unless doing so proves impossible or would involve a disproportionate effort.

In addition, you have the right to correct (effective January 1, 2023) or delete the personal information we have collected from you.

To exercise any of these rights, please email us at [email protected]. If you have an account with us, we may require you to use the account to submit the request. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your request.

Right to Opt-Out

To the extent we “sell” or “share” your personal information as those terms are defined under the CCPA/CPRA, you have the right to opt-out of the “sale” or “sharing” (effective January 1, 2023) of your personal information by us to third parties at any time. You may exercise this right through our form at Do Not Sell My Personal Information or by emailing us at [email protected] and specifying you wish to opt-out.

Authorized Agent

You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.

Right to Non-Discrimination

You have the right not to receive discriminatory treatment by us for the exercise of any your rights.

Shine The Light

Customers who are residents of California may request (i) a list of the categories of personal information (as that term is defined by Shine the Light) disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please write us at the email or postal address set out in “Contact Us” above and specify that you are making a “California Shine the Light Request.” We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.

Nevada

We do not sell and will not sell your covered information (as those terms are defined by NRS 603A.340).

European Economic Area, Switzerland, and United Kingdom

The General Data Protection Regulation (“GDPR”) provides additional rights to individuals located in the European Economic Area, Switzerland, and the United Kingdom (collectively, “Europe”). This section addresses those rights and applies only to those individuals.

Roles

Data protection laws in Europe distinguish between organizations that process personal data for their own purposes (known as “controllers”) and organizations that process personal data on behalf of other organizations (known as “processors”). We act as a controller with respect to personal data collected as you interact with our Sites.

Lawful Basis for Processing

We are required to set out in this Privacy Policy the legal grounds on which we rely in order to process your personal information. Our use of your personal information is permitted by law because: (a) in limited circumstances, and if required by applicable law, you have agreed to us processing your personal information; (b) it is necessary for taking steps to enter into a contract with you for the products you purchase, or for carrying out our obligations under such a contract; (c) it is required to satisfy any legal or regulatory obligations that we are subject to; (d) it is necessary for our legitimate interests, including to provide and improve services, personalize the services to your shopping habits and to protect the security of the Sites. In such cases, we have taken measures to ensure that this processing does not cause unwarranted prejudice to your privacy. Where applicable, we will transfer your personal data to third countries subject to appropriate or suitable safeguards, such as standard contractual clauses.

Your Rights

For customers located within Europe, you have additional rights such as the right to:

  • Request a copy of the personal information we hold about you;
  • Ask that we correct or remove information you think is inaccurate or incomplete;
  • Ask that we delete the personal information that we hold about you, or restrict the way in which we use such personal information;
  • Withdraw consent to our processing of your personal information (to the extent such processing is based on consent);
  • Object to our processing of your personal information (including for direct marketing purposes);
  • Receive your personal information in a structured and commonly used format so that it can be transferred to another data controller (“data portability”)

If you would like to exercise these rights or understand if they apply to you, please contact us using the details set out in the How to Contact Us section above. We will respond to your request within 30 days. We may require specific information from you to help us confirm your identity and process your request. You also have the right to lodge a complaint with the data protection regulator in your jurisdiction.

Except as described in this policy or provided under data protection laws, there is no charge for the exercise of these rights. However, if your requests are manifestly unfounded or excessive, in particular because of their repetitive character, we may either: (a) charge a reasonable fee taking into account the administrative costs of providing the information or taking the action requested; or (b) refuse to act on the request. Where we have reasonable doubts concerning the identity of the person making the request, we may request additional information necessary to confirm your identity.

Please note that we retain information as necessary to fulfill the purposes for which it was collected, and may continue to retain and use information even after a data subject request for purposes of our legitimate interests, including as necessary to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.

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