Website Privacy Policy for The Pictsweet Company

Last updated and effective as of July 17, 2024.

This Privacy Policy (this “Privacy Policy‚”) discloses how The Pictsweet Company (“we‚” “our,” or “us”) collect information from or about you (“you‚” or “your”) when you visit the website www.PictsweetFarms.com (the “Site”) or any social media networks, interactive features, and other services that link to this Privacy Policy. This Privacy Policy also describes the choices you can make about our use of your information.

We reserve the right to update or change this Privacy Policy at any time, by posting the amended version including the effective date of the updated version. We will announce any material changes to this Privacy Policy through an alert on our website and/or via email. By using the Site and accepting these terms, you agree to the terms of this Privacy Policy and the collection and use of information in accordance with this Privacy Policy. If you do not agree to be bound by this Privacy Policy, then do not access or use the Site or disclose any personal information through the Site.

For state-specific rights, see Section 8 of this document for additional terms and protections.

1. How to Contact Us

You may update your preferences and information by contacting us at the e-mail address or phone number below. Additionally, if you have any questions or concerns about our use of your Personal Information (defined below), please do not hesitate to contact us through any of the methods below.

Phone: 1-800-527-0986

Web: Online Privacy Request Form

Email: webmaster@pictsweet.com

You can write to us at:
The Pictsweet Company
Attn: Data Privacy
Ten Pictsweet Drive
Bells, TN 38006-0119
webmaster@pictsweet.com

2. Information We Collect

We may collect information about you including non-personally identifiable information or “Personal Information,” which is information that may identify, relate to, describe, or be capable of being associated with or reasonably linked, directly or indirectly, with a particular identified or identifiable person or household. If we combine non-personally identifiable information with Personal Information, we will treat such information appropriately, but not all rights may apply to the non-personally identifiable information portion.

We do not consider Personal Information to include information that can no longer be used to identify a specific natural person, whether in combination with other information or otherwise.

The following chart provides information about the types of Personal Information we may collect, the sources of information, the purposes for which we used the information, whether it was disclosed for a business purpose, and the categories of third parties with whom we have shared this information in the last twelve (12) months.

We collect Personal Information from you and any devices (including mobile devices) you use when you: use our Site, provide us information on a web form, or over the telephone or online chat, when you otherwise correspond with us or connect with us through one of our social media pages, or chat with a customer support specialist. Please remember that any information disclosed in public comments, forums or other areas enabling other users to submit comments (“Forums”) becomes public information, is not treated as confidential, and you should exercise caution when deciding to disclose your Personal Information.

3. Cookies and Other Tracking Technologies

We use tracking technology such as “cookies.” Cookies are small data files stored on your computer’s web browser to collect information. When you visit the Site, we also passively track information from your computer, mobile device, or other device you use to access the Site, such as the IP address of computers and/or Internet service providers, the date and time of access, computer technology used, user experience data and interactions on the Site. In some instances, we also use cookies to collect information that on future visits, identifies you as a previous visitor, or tracks your activity on our Site. Cookies allow us and our service providers to determine how many people visited our websites, the pages that were accessed, and whether there were any technical problems in loading pages. We also use cookie information for security purposes and to display information more effectively, and we may use cookie information to provide advertising content that we think may be of interest to you.

There are other technologies that are similar to cookies, such as web beacons, which are also known as internet tags, pixels and clear GIFs. These technologies function like cookies, and we refer to cookies and these similar technologies collectively as cookies for purposes of this section.

Cookies may be either persistent or temporary (or session) cookies. A persistent cookie retains user preferences for a particular website, app or service, allowing those preferences to be used in future use sessions and remains valid until its set expiry date (unless deleted by the user before the expiry date). A temporary cookie, on the other hand, will expire at the end of the user session, when the web browser or app is closed. If you follow a link to our Site from an affiliate or promotion, we store information about your arrival from that affiliate or promotion in a “session cookie.”

Some cookies are first-party cookies, meaning that we create and place them on your computer when you visit our Site. Others are third-party cookies, which are placed by third parties on your computer when you visit our Site. Third-party cookies may provide us with information on how you use our Site and may collect information about your browsing habits to make advertisements more relevant to you. We are not responsible for third parties’ use of cookies. Please refer to each third party’s privacy policy to better understand the controls available to you related to such third-party cookies.

You do not need to have cookies turned on to visit our Site. You can refuse cookies by turning them off on your browser. Most browsers accept cookies by default but allow users to reject cookies by changing the browser preferences. If you have set up your browser to reject cookies, some aspects of our Site features may not work properly. For more information regarding your choices with respect to cookies and other tracking technologies, please see Section 7 (Your Rights and Choices Regarding Your Information) below.

Google Analytics

Our Site makes use of cookies provided by Google Analytics to better understand how visitors use them. Google Analytics makes use of first party performance and targeting cookies placed through our Site to provide us with information about users of our Site. Google or its affiliate DoubleClick may recognize cookies placed through our Site when you visit other websites and applications. Personal Information generated by these cookies about your use of our Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information to evaluate your use of our Site on our behalf and will compile reports on your activity for us.

For more information about how Google collects, uses, and shares your information collected through Google Analytics, including information collected through our Site, please visit the Google Privacy Policy - Partners website at https://www.google.com/policies/privacy/partners/ or see Google’s own Privacy Policy at https://policies.google.com/privacy.

4. Disclosing Your Information

We disclose non-Personal Information with third parties at our discretion. We do not transfer your information to third parties in exchange for money, and we will not do so. In connection with our Site, we may disclose your Personal Information with certain third parties who we engage to help us run our business and administer the Site, including under the following circumstances:

• Software and service providers we use to manage and process your information.
• Affiliates and subsidiaries.
• Web analytics providers who monitor and analyze the use of our Site (including Google Analytics).
• Marketing service providers we use to communicate with you.
• Hosting providers that provide database storage for our business.
• Other third parties that you expressly request us to disclose your Personal Information to.

Additionally, we will disclose your Personal Information with third parties where required by law, where it is necessary in connection with our Site or products, to protect the safety or property of The Pictsweet Company, our users, employees, or where we have another legitimate interest in doing so.

Most of the third parties with whom we disclose your Personal Information are located and store your information in the United States, although some may be located or store your information outside of the United States. These third parties are only permitted to use your Personal Information to the extent necessary to enable them to provide their services to us.

If we are subject to a merger or acquisition with/by another company, we may share information with the other company in connection with the transaction, and your Personal Information may be transferred to such company upon completion of the transaction. Such acquiring company’s right to use your Personal Information shall be limited to the terms of this Policy unless additional notice is provided to you.

5. How We Safeguard Your Information

The security of your data is important to us, but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. Any transmission of Personal Information is at your own risk.

6. How Long We Store Your Information

We will retain your Personal Information only for as long as is necessary for the legitimate business purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal, accounting, or reporting obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies. Additionally, we may continue to store your Personal Information contained in our standard back-ups. This applies to all categories of Personal Information in use by us.

7. Your Rights and Choices Regarding Your Information

You can opt out from receiving future marketing communications from us at any time by using the unsubscribe function in the email you receive from us, or contacting us as set forth under Section 1 (How to Contact Us) above. Please allow sufficient time for your preferences to be processed. Even if you opt out of receiving marketing messages, we may still contact you for transactional purposes like confirming or following up on an order or service request, asking you to review a product or service you have ordered, or notifying you of product recalls. If you later opt back into marketing communications from us, we will remove your information from our opt-out databases.

As noted above in Section 2 (Information We Collect) above, you can choose whether to accept cookies by changing the settings on your browser or device. However, if you choose to disable cookies, your experience with our Site may be impaired and some features may not work as they were intended.

Additionally, Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the preferences or settings page of your web browser. However, these features are not yet uniform, so we do not currently respond to such features or signals. Therefore, if you select or turn on a “do not track” feature in your web browser, we and our third-party providers may continue collecting information about your online activities as described in this Privacy Policy.

You can choose to limit the data that third-party services (e.g., Social Media Platforms) share with us using the options provided to you by the applicable third-party service (for example, the options provided by a Social Media Platforms when you connect your social media account with our Site). You can also disconnect your use of our Site from the third-party service at any time using the options provided to you by the applicable third-party service. Please note, however, that if you disconnect from the third-party service, that will not delete the data we may have previously collected while you were connected.

8. State-Specific Rights

Depending on where you live, you may have certain rights with respect to Personal Information that we have collected and used under certain circumstances, which may include the following:*

• The right to know about your Personal Information that is collected, disclosed, or sold. You have the right to request that we disclose what Personal Information about you we collect, use, or disclose. This is called the “Right to Know.” You can request a listing of the type of Personal Information we have collected about you, the sources of that information, how we use the information (e.g., our business or commercial purposes for collecting or disclosing Personal Information), other individuals and business with whom we share personal information, and the specific pieces of Personal Information that we have collected about you. For a general description of the types of Personal Information we collect, please visit Section 2 (Information We Collect) above.
• The right to access and receive your Personal Information and the following information regarding our use of your Personal Information. You have the right to request that we provide a portable copy of the Personal Information about you that we collect, use, and disclose. You can request a listing of the types of Personal Information we have collected about you, the sources of that information, how we use the information (e.g., our business or commercial purposes for collecting personal information), other individuals and business with whom we share personal information, and the specific pieces of personal information that we have collected about you. For a general description of the types of personal information we collect, please visit Section 2 (Information We Collect) above.
• The right to correct Personal Information collected, disclosed, or sold. You have the right to request that we correct the Personal Information about you that we collect, use, or disclose. This is called the “Right to Correct.” Under the Right to Correct, you can request a correction of any inaccurate personal information, and we will use commercially reasonable efforts to correct this information.
• The right to request us to delete your Personal Information. You have a right to request the deletion of your Personal Information that we collect or maintain (subject to certain exceptions that may apply under applicable law).
• The right to opt-out of certain disclosures of your Personal Information. You have a right to opt-out of the sale or disclosing of your Personal Information for purposes of cross-context behavioral advertising. For clarity, however, we do not “sell” Personal Information about you or “share” it for cross-context behavioral advertising, as defined under applicable privacy law. Texas residents additionally have the right to opt-out of “profiling” (generally, this means a solely automated process to evaluate or predict things about you and that is used to make a decision about you with legal or similarly significant effects) uses of their Personal Information.
• The right to limit the use or disclosure of sensitive Personal Information. You have the right to limit the use or disclosure of your sensitive Personal Information, including one’s precise geolocation, by us.
• The right to appeal a controller’s refusal to take action. Depending on your jurisdiction, you may have the right to appeal if we deny any of your requests or do not respond to a request.
• The right to non-discrimination for the exercise of a consumer’s privacy rights. You have a right not to receive discriminatory treatment by us for exercising any of your privacy rights conferred by your state’s consumer privacy laws. We will not discriminate against any consumer because such person exercised any of the consumer’s rights under these privacy laws, including, but not limited to:
• denying goods or services;
• charging different prices or rates for goods and services, including through the use of discounts or other benefits or imposing penalties;
• providing a different level or quality of goods or services; or
• suggesting that the consumer will receive a different price or rate for goods or services or a different level or quality of goods or services.
We may, however, charge a different price or rate, or provide a different level or quality of goods or services, if that difference is related to the value provided to you by your data.

* If you are a resident of a jurisdiction where one or more of these rights are granted to you under applicable law, and you wish to exercise any such rights listed above, please contact us by:

Phone: 1-800-527-0986

Web: Online Privacy Request Form

Email: webmaster@pictsweet.com

You can write to us at:
The Pictsweet Company
Attn: Data Privacy
Ten Pictsweet Drive
Bells, TN 38006-0119

Please note that under applicable privacy law, we are only obligated to respond to Personal Information requests from the same consumer up to two times in a 12-month period. In addition, under applicable privacy law, and for the protection of your Personal Information, we may be limited in what Personal Information we can disclose.

Before providing information you request in accordance with these rights, we must be able to verify your identity. In order to verify your identity, you will need to submit information about yourself, including your name, contact information, and, to the extent applicable, providing your account login credentials. We will match this information against information we have previously collected about you or provided to you to verify your identity and your request. If we are unable to verify your identity as part of your request, we will not be able to satisfy your request. We are not obligated to collect additional information in order to enable you to verify your identity. For deletion requests, you will be required to submit a verifiable request for deletion and then confirm separately that you want Personal Information about you deleted. We may deny your request for other reasons, but if we deny your request, we will explain why we denied it. We may deny a request in part but fulfill it in part if we are able to do so, e.g. by providing you as much information as we can. For Texas residents, we will respond to your request within 45 days. If necessary, we may need additional time to respond to your request within 45 days. If necessary, we may need additional time to respond (no more than an additional 45 days), but we will reply either way within the first 45 days and, if we need an extension, we will explain why.

If we deny any of your requests, or do not respond as described above, Texas residents have a right to appeal. You may make such an appeal by submitting a request in the same way as described above for exercising your rights. As part of our verification for consumer rights and appeals, we will request that you provide the reason for the appeal and/or other information regarding your request. In addition, you will need to provide us with certain information such as your name, email address, phone number, property interested in, date of birth, physical address, lease address, or other information in order for us to confirm that you are who you say you are.

If you would like to appoint an authorized agent to make a request on your behalf, you must provide the agent with written, signed permission to submit privacy right requests on your behalf. Alternatively, your authorized agent may provide evidence of having power of attorney or acting as a conservator for you. Note that we may require you to verify your identity with us directly before we provide any requested information to your authorized agent unless your authorized agent has power of attorney or acts as a conservator, in which case we will not contact you directly.

Texas residents may designate an authorized agent to make a request on your behalf to opt-out of targeted advertising, including through browser settings. If you request an opt-out other than through such technology, we will deny requests from agents that do not submit proof of authorization from you. To verify that an authorized agent has authority to act for you, we may require a copy of a power of attorney or require that you provide the authorized agent with written permission and verify your own identity with us.

Information collected for purposes of verifying your request will only be used for verification.

9. Not for Children

This Site is not intended for use by children. We will not knowingly collect any Personal Information submitted by visitors to the Site who are under the age of 13. By using the Site, you represent that you are at least 13 years old. If you do not meet this requirement, then you must not access or use our Site.

If you are under 13 years of age, do not provide your Personal Information to us without providing us with consent from your parents or legal guardians. If you believe that we have been provided with the Personal Information of a child under the age of 13 without parental consent, please notify us immediately at webmaster@pictsweet.com

For more information about the Children‚Äôs Online Privacy Protection Act (“COPPA”), which applies to websites that direct their services to children under the age of 13, please visit the Federal Trade Commission’s website, https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions.

10. Links to Other Sites

The Site may contain links to other websites. When you click on one of these links, you will be transferred out of the Site and connected to the website of the organization or company that you selected. We are not responsible for the nature, quality or accuracy of the content or opinions expressed on such websites, or of the services provided through such websites. Such websites are not investigated, monitored or checked for quality, accuracy or completeness by us. Inclusion of any linked website on the Site does not imply or express an approval or endorsement of the linked website by us, or of any of the content, opinions, products or services provided on these websites. Even if an affiliation exists between the Site and a third-party website or application, we exercise no control over linked sites. Each of these linked sites maintains its own independent privacy and data collection policies and procedures. We encourage you to visit these websites to find additional related information. We are not responsible for the privacy practices or the content of such websites. Please read the privacy statement of any website you may visit.

11. Transfer of Data; Notice to Non-U.S. Users

If you are located outside the United States of America and are visiting the Site, you should be aware that your personal information will be transferred to the United States of America, the laws of which may be deemed by your country to have inadequate data protection.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place, including the security of your data and other Personal Information.

If you are located in a country outside the United States and submit Personal Information to us, you consent to the general use and disclosure of such information as provided in this Privacy Policy and to the transfer and/or storage of that information to the United States and other countries outside your home country.

12. Governing Law and Jurisdiction

This Privacy Policy shall be construed and governed under the laws of the United States and State of Tennessee (without regard to rules governing conflicts of laws provisions). You agree that venue for all actions, arising out of or relating in any way to your use of our Site, shall be in federal or state court of competent jurisdiction located in Davidson County, Tennessee, within one (1) year after the claim arises. Each party waives any objections based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. Each party consents to personal jurisdiction in the courts identified above.