Privacy Policy

Updated: November 28th, 2020

Introduction

Orchard & Vineyard Supply, LLC  (“Company” or “We” or “Us” or “Our”) respects your privacy and is committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit any of the following websites: www.wilsonirr.com, ovs.com and orchardvalleysupply.com (collectively, our “Websites”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • On our Websites.
  • In email, text, and other electronic messages between you and our Websites.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

This policy does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by Company or any third party; or
  • any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Websites.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. BY ACCESSING OR USING THESE WEBSITES, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS THE WEBSITES.

Policy for Children

We do not knowingly solicit information from or market to children under the age of 13. If you are under 13, do not use or provide any information on our Websites or on or through any of their features. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.

Information We Collect

The information we may collect on the Websites includes:

PERSONAL INFORMATION

  • Personally identifiable information, such as your name, shipping address, email address, and telephone number, and demographic information, such as your age, gender, hometown, and interests (“personal information”).

PAYMENT INFORMATION

  • Payment information, such as data related to your payment method (e.g. valid credit card number, card brand, expiration date) that we may collect when you purchase, order, return, exchange our products, or request information about our services from the Websites.

OTHER INFORMATION

  • Information about your internet connection, the equipment you use to access the Websites, and usage details, including IP address, browser type, operating system, access times, and the pages you viewed directly before and after accessing the Websites.

How We Collect Your Information

We collect the foregoing information:

  • When you provide it to us.
  • Automatically as you navigate the Websites.

INFORMATION YOU PROVIDE TO US

We collect information you provide directly to us, for example, when you create an account, participate in interactive features of the Websites, fill out a form, respond to a survey, request customer support, or otherwise communicate with us via the Websites. Such information may include personal information, payment information, and any other information you choose to provide.

INFORMATION WE COLLECT AUTOMATICALLY WHEN YOU USE THE WEBSITES

When you access or use the Websites, we automatically collect information about you, including the following:

  • We log information about your use of the Websites, including the type of browser you use, access times, pages viewed, your IP address, and the page you visited before and after navigating to the Websites.
  • We use various technologies to collect information, including sending cookies to your computer or mobile device and placing web beacons on pages of the Websites.
    • Cookies are small data files stored on your hard drive or in device memory that help us to improve the Websites and your experience, see which areas and features of the Websites are popular, and count visits. Most browsers are set to accept cookies by default.
    • Web beacons are small electronic files (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website’s content and verifying system and server integrity).

THIRD PARTY VENDORS

We may also partner with selected third-party vendors to allow tracking technologies and remarketing services on the Websites through the use of first party cookies and third-party cookies to, among other things, analyze and track users’ use of the Websites, determine the popularity of certain content, and better understand online activity.

  • Shopify: Our Websites use Shopify Inc., an e-commerce platform (“Shopify”) to assist us with our retail services. The information generated by the cookies about your use of our Websites (including your IP address) will be transmitted to and stored by Shopify. Shopify will use this information for the purpose of evaluating your use of our Websites and assisting with customer login and checkout. Shopify may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Shopify’s behalf. Further information about Shopify’s privacy policy may be obtained from https://www.shopify.com/legal/privacy .
  • Constant Contact and Cloveo: We use Constant Contact and Cloveo in connection with email marketing. Constant Contact and Cloveo use cookies and other technologies to collect data on users’ behavior and their devices, browser information, and geographic location. For further details, please see Constant Contact’s privacy policy at: https://endurance.clarip.com/privacycenter/?brand=ctct .

By accessing the Websites, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their respective privacy policies and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies, you can visit the third-party vendor’s websites or Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

How We Use Your Information

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Websites to:

  • Assist law enforcement and respond to subpoenas.
  • Create and manage your account.
  • Deliver targeted advertising, coupons, newsletters, and promotions, and other information regarding the Websites and our mobile application to you.
  • Communicate with you regarding your account or order.
  • Send you technical notices, updates, security alerts, and support and administrative messages.
  • Fulfill and manage purchases, orders, payments, and other transactions related to the Websites.
  • Generate a personal profile about you to make future visits to the Websites more personalized.
  • Increase the efficiency and operation of the Websites.
  • Monitor and analyze usage and trends to improve your experience with the Websites.
  • Notify you of updates to the Websites.
  • Offer new products, services, and/or recommendations to you.
  • Perform other business activities as needed.
  • Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
  • Process payments and refunds.
  • Request feedback and contact you about your use of the Websites.
  • Resolve disputes and troubleshoot problems.
  • Respond to product and customer service requests.
  • Provide, maintain, and improve the Websites.
  • Process and deliver contest entries and rewards.
  • Link or combine with information we get from others to help understand your needs and provide you with better service.
  • Fulfill any other purpose for which you provided the information.

Choices About How We Use and Disclose Your Information

We may share information we have collected about you in certain situations. Your information may be disclosed as follows:

BY LAW OR TO PROTECT RIGHTS

If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.

THIRD-PARTY SERVICE PROVIDERS

We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance. Such third parties are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

AFFILIATES

We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.

OTHER THIRD PARTIES

We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.

SALE OR BANKRUPTCY

If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur, and that the transferee may decline to honor commitments we make in this Privacy Policy.

ACCOUNT INFORMATION

You may at any time review, correct, or delete the information in your account or terminate your account by:

  • Logging into user account settings and updating the user account.
  • Contacting us using the contact information provided below.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and/or comply with legal requirements.

EMAILS AND COMMUNICATIONS

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:

  • Noting your preferences at the time you register your account with the Websites.
  • Logging into your account settings and updating your preferences.
  • Contacting us using the contact information provided below.

If you opt-out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations. If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting those third parties directly.

COOKIES AND WEB BEACONS

Most web browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the Websites. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis. Be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.

OTHER

You can always choose not to provide information when you are prompted to do so. Note that if you do not provide us with certain mandatory information, then you may be unable to take advantage of certain features on the Websites.

Controls For Do-Not-Track Features

Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

GDPR Notice

In compliance with the European Union (“EU”) General Data Protection Regulation (“GDPR”), we may rely upon one or more legal bases defined in the GDPR to collect, use, share and otherwise process the personal information of individuals located in the EU, including where:

  • Necessary to perform a contract we have with you, such as our terms of engagement, and to provide the services;
  • You have consented to the processing (in which case you may revoke your consent at any time);
  • Necessary for us to comply with a legal obligation, or to establish, exercise or defend legal claims;
  • Necessary to protect your vital interests or those of others;
  • Necessary in the public interest; and
  • Necessary for the purposes of Wilson Orchard & Vineyard Supply, LLC or a third party’s legitimate interests, provided that those interests are not overridden by your interests or fundamental rights and freedoms.

Where we collect, use, disclose and otherwise process your information based on legitimate interests, we may rely on the following interests:

  • Marketing our products: We use your information as necessary to pursue our legitimate interests in marketing our products to you. For example, where permitted by digital marketing law, we may contact you by email to let you know of products you might be interested in.
  • Providing, improving and developing our products: We use your information as necessary to pursue our legitimate interests in tailoring and improving our products. For example, we may send you a survey or questionnaire to understand your experience in purchasing from Wilson Orchard & Vineyard Supply, LLC.

If you are located in the EU, under certain circumstances, you may have certain legal rights under the GDPR, including:

  • To access the personal data we maintain about you
  • To receive information about how we process your personal data
  • To correct your personal data
  • To have your personal data erased
  • To object to or restrict how we process your personal data
  • To request your personal data be transferred to a third party
  • To withdraw any consent you may have given us to process your personal data

If you are an EU resident, you have the right to object to our processing that is based on legitimate interests by contacting us at the address or number below. If you are located in the EU and you believe that Wilson Orchard & Vineyard Supply, LLC has infringed your rights under the GDPR, please contact us by sending an email to info@ovs.com.

You have the right to lodge a complaint with a supervisory authority, in particular in your applicable Member State.

Orchard and Vineyard Supply, LLC’s Privacy Notice for California Residents

Effective Date: November 28th 2020.

Last Reviewed on: November 28th 2020

This Privacy Notice for California Residents applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Notice.

Information We Collect

Our Websites collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • Information excluded from the CCPA's scope, like:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

In particular, our Websites have collected the following categories of personal information from its consumers within the last twelve (12) months:

  • Identifiers – names, postal addresses and email addresses.
  • Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) – name and address.

Our Websites obtain the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete or products and services you purchase.
  • Indirectly from you. For example, from observing your actions on our Websites.

Use of Personal Information

We may use, or disclose the personal information we collect for one or more of the following purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
  • To provide, support, personalize, and develop our Websites, products, and services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Websites, third-party sites, and via email or text message (with your consent, where required by law).
  • To help maintain the safety, security, and integrity of our Websites, products and services, databases and other technology assets, and business.
  • For testing, research, analysis, and product development, including to develop and improve our Websites, products, and services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.

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.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We share your personal information with the following categories of third parties:

  • Service providers.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Company has disclosed the following categories of personal information for a business purpose:

  • Identifiers
  • California Customer Records personal information categories.

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

  • Service providers.

Sales of Personal Information

In the preceding twelve (12) months, Company has not sold personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

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 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:
    • 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.

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:

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, which may include:
  • 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, 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.

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 (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

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.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, 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.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-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.

Other California Privacy Rights

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Websites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@ovs.com.

Changes to Our Privacy Policy

We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Updated” date shown at the top of this Privacy Policy. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Websites, and you waive the right to receive specific notice of each such change or modification. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Websites after the date such revised Privacy Policy is posted.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Orchard & Vineyard Supply, LLC
1431 N 16th Ave
Yakima, WA 98902
info@ovs.com