Privacy Policy for The Pictsweet Company Online

Last updated and effective as of October 18, 2021.

This Privacy Policy (this "Privacy Policy") discloses the privacy practices of The Pictsweet Company ("we" or "us") for the website www.PictsweetFarms.com (the "Site") and describes how Pictsweet collects, protects, and uses information we receive from visitors to the Site. This Privacy Policy also describes the choices you can make about our use of your information.

The Pictsweet Company reserves 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 or if you are a California resident, 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

Email: webmaster@pictsweet.com

You can write to us at:
The Pictsweet Company
c/o Graphics Department
Ten Pictsweet Drive
Bells, TN 38006-0119
webmaster@pictsweet.com

2. Personal Information

While using the Site, we may ask you to provide us with certain personally identifiable information ("Personal Information"). Personal Information is information that identifies, relates to, describes, can reasonably be associated with, or can reasonably be linked to a particular individual or household.

We collect information from you both when you provide it voluntarily and also automatically when you use our Site. We may also collect Personal Information from other sources, as described below.

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, engage or connect with us through one of our social media pages, or chat with a customer support specialist. Please remember that any information that is disclosed in public comments, forums or other areas enabling other users to submit comments ("Forums") becomes public information, is not maintained or treated as confidential, and you should exercise caution when deciding to disclose your Personal Information.

In addition, we also collect Personal Information about you from third parties in connection with our Site, including from the following sources:

• Service providers (including hosting providers and payment processors)
• Data analytics service providers
• Email, chat, and other communications service providers
• Customer service providers
• Advertising providers
• Social media platforms
• Partners

3. The Information We Collect About You

Information Collected Through Use of our Site

Website Inquiry Information

We allow Site users to contact us with inquiries about The Pictsweet Company on our Site. This is an optional service provided to you by The Pictsweet Company. When you submit inquiries on our Site, you provide your name, email address, phone number, postal address, and any applicable purchase or product information.

Mailing List Registration Information

You may provide your email address in order to receive our newsletter via email.

Job Application Information

This is the Personal Information that you provide or that we may solicit if you choose to apply for job positions through the Site. This may include your name, social security number, emergency contact information, phone number, email address, career and educational history, information submitted by you in résumés, CVs, letters, or other written materials, information provided by you during interviews, or generated by interviewers and recruiters, information provided in recommendations on your behalf, information that is available publicly or through an Internet search, and information revealed during a background check.

Location Information

We may collect general location information if you use features on the Site that provide location-based services.

Social Media Platforms

If you choose to access, visit, and/or use any of our pages on social media platforms such as Facebook or LinkedIn ("Social Media Platforms"), The Pictsweet Company may receive aggregate information and analysis about visitors’ usage of our pages on such Social Media Platforms. You may choose to provide Personal Information through Social Media Platforms, including without limitation your name, phone number, or address when you communicate with us on the Social Media Platforms, post suggestions or comments for us, or through other such interactions on the Social Media Platforms. This Policy does not cover the privacy and security practices of the Social Media Platforms on which The Pictsweet Company has pages, including without limitation Facebook and LinkedIn. Please carefully review the privacy policies and terms of service on such Social Media Platforms before using, visiting, or interacting with others on such Social Media Platforms. Please remember that any information you share on our pages or in general on Social Media Platforms becomes public information, and you should exercise caution when deciding whether to disclose your Personal Information in such a manner. In addition, when you interact with the Site through Social Media Platforms or third-party social media applications by sharing products or content through Social Media Platforms, or by sharing or liking such products or content, our third-party providers may combine information concerning such activities with other information about you such as your user name, gender, referring website, geographic location, and other information obtained through other third-party websites you visit as well as your public profile(s) on such Social Media Platforms.

Usage Information

This can be Personal Information and non-Personal Information that is collected about you when you are using the Site, and this may include:

• Information about your interactions with the Site, which includes the data and time of any information you enter into our Site.
• User content you post to our Site including messages you send and/or receive in the Forums and your interactions with our customer service team.
• Technical data which may include URL information, cookie data, web beacons and other tracking technology information, your IP address, the types of devices you are using to access or connect to our Site, unique device IDs, device attributes, network connection type (e.g., Wi-Fi, 3G, LTE, Bluetooth) and provider, network and device performance, browser type, language, and operating system. Further details about the technical data that is processed by us can be found below.

The Site may use cookies, unique identifiers and similar technologies to collect information over time and across different websites when you use or visit our Site. The Pictsweet Company or its third-party partners use common tracking tools to collect information about the pages you view, our Site functions that you access, the buttons and icons you click, and to remember your login information and website settings to make it easier and more efficient for you to use our Site, and to provide advertising content that we think may be of interest to you.

Cookies. 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 identify returning visitors and tell us things such as 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 "Your Rights and Choices Regarding Your Information" below.

Pixels, Web Beacons. We or third-party partners may use invisible pixels or beacons on our Site to count how many users access or use certain pages, features or content. This information is collected and reported in the aggregate. We may use this information to improve our current Site offerings, develop new products or services, and target information to you that may be helpful and useful to you based upon your use of our Site.

Anonymized Information

We use anonymized and aggregated information that may be created or derived from your Personal Information or usage of our Site for purposes that include data analysis, improving our Site, advertising, and developing new features and functionality within our Site.

4. Sharing Your Information

We share 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. However, we do share personal information with certain third parties in order to operate our business (for example, to market our products and services, including to personalize advertising that is targeted to you). Some state laws may define this as a “sale” of data even though we do not exchange data for money. In connection with our Site, we may share 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). For more information about Google Analytics, please visit www.google.com/policies/privacy/partners.
• Marketing service providers we use to communicate with you.
• Advertising service providers we use to assist us in providing personalized advertising.
• Hosting providers that provide database storage for our business.
• Other third parties that you expressly request us to share your Personal Information with.

Additionally, we will share 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 share 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.

The retention period for storage of each category of Personal Information is as follows:

1. Website Inquiry Information: 26 months
2. Mailing List Registration Information: 26 months
3. Job Application Information: 26 months
4. Location Information: 26 months
5. Social Media Platforms: 26 months
6. Usage Information: 26 months
7. Anonymized Information: 26 months

7. Your Rights and Choices Regarding Your Information

Marketing Preferences

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 "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 getting marketing communications from us, we will remove your information from our opt-out databases.

As noted above in "The Information We Collect About You," 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 Platform 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, Including Updates to This California Privacy Policy Notice

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 request the following information regarding our use of your Personal Information:
  1. Categories of your Personal Information that we have collected
  2. Purposes for which we have collected or used such Personal Information
  3. Categories of sources for the Personal Information we have collected about you
  4. Categories of third parties with whom we have disclosed your Personal Information
  5. Categories of personal information disclosed about you for a business purpose
  6. If we have sold your Personal Information, a list identifying the Personal Information categories that each category of third party obtained.
• The right to receive a copy of your Personal Information.
• The right to request correction of your inaccurate Personal Information.
• The right to request us to erase your Personal Information when we no longer need such data in connection with our Site (subject to certain exceptions that may apply under applicable law).
• The right to opt out of sales or sharing of your Personal Information. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting our contact page.

* 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 through the following:

• Phone: 1-800-527-0986
• Email: webmaster@pictsweet.com
• Address:
  The Pictsweet Company
  ATTN: Data Privacy
  Ten Pictsweet Drive
  Bells, TN 38006-0199

Please note that if you are exercising the right to opt out, you may also submit your request through our contact page.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. Please understand that we are required to verify your request and may require you to provide some information to enable us to carry out such verification. 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. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

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 ("Children" or "Child"). By using the Site, you represent that you are at least 13 years old. If you do not meet this age 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’s Online Privacy Protection Act ("COPPA"), which applies to websites that direct their services to children under the age of thirteen (13), please visit the Federal Trade Commission’s website.

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. Sensitive Personal Information

Subject to the following paragraph, we ask that you not send us, and you not disclose, any sensitive personal information as this term is defined under applicable data protection and privacy laws (for example, social security, state ID, or passport numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, sexual orientation, biometrics or genetic characteristics, criminal background, trade union membership, or precise geolocation) on or through the Site or otherwise to us.

If you send or disclose any sensitive personal information to us, you consent to our processing and use of such sensitive personal data in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive Personal Information, you must not submit such content to our Site.

13. 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.