WEBSITE AND STORE PRIVACY NOTICE
Last modified: May 23, 2018
Ben’s Garden, Inc. and its affiliates (collectively, “Ben’s Garden”) respect your concerns about privacy. This Privacy Notice applies to personal information we collect (i) on this website, (ii) at Ben’s Garden Stores, Ben’s Garden Outlet Stores (collectively, the “Stores”), and (iii) through the other channels described below. Ben’s Garden is responsible for this website.
The Privacy Notice describes the types of personal information we collect on this site, in our Stores, and in other ways discussed below, how we may use that information and with whom we may share it. The notice also describes the measures we take to protect the security of the personal information. We also tell you how you can reach us to ask us to (i) access, change, or not use the personal information you have provided to us; (ii) withdraw any consent you previously provided to us; (iii) tell us to refrain from communicating with you about our products or services; and (iv) answer any questions you may have about our privacy practices.
Information We Collect and How We Use It
Individuals may choose to provide personal information (such as name, contact details, and payment information) through this website, in our Stores, and through the other channels described below. Here are the ways you may provide the information and the types of information you may submit. We also tell you how we may use the information.
You may be able to purchase Ben’s Garden products and gift cards on this website. To process your purchase, we ask for information such as your name, billing and shipping address, telephone number, email address, and payment card information. We use this information to process your purchase, confirm your order, and deliver the items to you. If you give us permission, we also may use your contact information to communicate with you about our products, services, and promotions.
If you purchase an item or gift card on this site or ask us to deliver your purchase to someone else, we ask for the recipient’s name, postal address, and email address. We use this information to send the gift card or item to the recipient. If you ask us to do so, we also may use this information to notify the recipient of your gift before it arrives.
You may be able to register to create an account on this website. To do so, we ask for information such as your name and email address. You also may provide your age and gender.
Through the “My Account” feature, you can Store billing and shipping information, so you won’t have to enter it again when you make another purchase on this site. You also can Store payment card information and details of your past purchases. In addition, you can save your credit card information on your account for faster checkout. To use this feature, we ask you to provide your credit card information and the corresponding billing address.
You can also use the “My Account” feature to create a wish list of products you want and share your list by email with friends and family. If you choose to share your list, we ask for your name and email address and the recipient’s email address. This information is used only to email your list to your desired recipients.
You can create and save an address book on your account. You can delete entries in the address book at any time. We will not use or disclose the information you delete from your address book.
Surveys, Sweepstakes, and Promotions
On this website, you may be able to participate in surveys, sweepstakes, and other promotions. If you choose to participate in these promotions, we may ask you for information such as your name, email address, postal address, and telephone number. We use the information you provide to administer our contests, sweepstakes and other promotions. We also may use the information to communicate with you about our products, services, and promotions, but only if you have given us your consent to do so.
You may be able to sign up on this site to receive electronic newsletters and promotional emails from Ben’s Garden, including new ideas, special offers and event information. To sign up, we may ask you for information such as your name, email address, postal address, telephone number, age, gender, shopping preferences and email preferences. We use this information to send you communications about our products and services, invitations to specials sales and events at Stores located near you, and notices of new arrivals. We also use this information to tailor our newsletters to reflect your preferences. You can choose at any time not to receive marketing emails from us by clicking on the unsubscribe link within our marketing emails. You also may use the email preferences section of the “My Account” feature to opt out of receiving marketing emails or to specify which, if any, communications you would like to receive from us. There is no charge to you to unsubscribe.
You may be able to sign up to receive communications about our products and services through your mobile device by submitting your mobile telephone number online or by texting us. If you sign up for mobile communications, we may send you autodialed marketing text messages about our products, services and promotions. It is your responsibility to notify Ben’s Garden in the event that you disconnect your mobile number or change carriers. In the U.S., you may opt out of receiving text message communications on your mobile device by sending a text message with the word “STOP” to short code 89448. You will receive one additional text message, confirming that your request has been received. Outside the U.S., you may opt out of receiving these communications by contacting us as specified in the “How to Contact Us” section below. Ben’s Garden does not charge you to unsubscribe. Depending on the terms of your mobile phone contract, you may incur charges for receiving and sending text messages on your mobile device. Ben’s Garden is not responsible for these charges. Message frequency varies per month. Consent is not a condition of purchase. Autodialed marketing messages will be sent to the mobile number you provide at opt-in. Message and data rates may apply. Text HELP to 89448 for help. The wireless carriers are not liable for delayed or undelivered messages.
You may be able to submit comments to blogs we host on this website. You may include personal information in your comment, and you also may submit your name with your comment. We use your name to identify you as a commenter.
Email to a Friend
You may be able to share certain content from this website with your friends. To send information to your friends, we ask for your friends’ and your email addresses. We use this information only to fulfill your request. We do not retain the information you provide in connection with this feature, except to send the requested content. We will not include any other advertisements within the messages sent to your friends.
If you communicate with us through the “Contact Us” link on this site, we may ask you for information such as your name, email address, ZIP code, and telephone number. We use this information to respond to and communicate with you about your questions and comments.
Other Site Features
We offer visitors to this website various features for their information and enjoyment, which we may change from time to time. We may ask you to submit certain personal information so we can provide you with these features and send you communications about our products, services, and promotions.
Information Collected by Automated Means
We obtain certain information by automated means when you visit our website, such as through cookies, web beacons, and web server logs. The information we collect in this manner includes the IP address of the device you use to connect to the internet, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on our site, dates and times of website visits, and the pages accessed. By collecting this information, we learn how to best tailor our website to our visitors and understand what products and services you might prefer. Both we and others (such as our service providers) may collect personal information about our visitors’ online activities over time and across third-party websites.
Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Without cookies, however, you may not be able to take full advantage of all our site features. For example, if you turn off cookies or refuse them, you will not be able to make purchases on the site.
Certain pages on this website contain “web beacons” (also known as internet tags, pixel tags, and clear GIFs). Web beacons are used for internal purposes, such as to obtain the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, and the type of browser used to view the page. We also retain service providers who use web beacons to assess the effectiveness of our email communications and learn what pages our visitors viewed.
We use information collected through these automated means for purposes such as (i) customizing our users’ visits to our website, (ii) delivering content tailored to our users’ interests and the manner in which our users browse our sites, and (iii) managing our sites and other aspects of our business. To the extent required by applicable law, we will obtain your consent before collecting information using cookies or similar automated means.
We also may use third-party web analytics services, such as those of Adobe Analytics and Google Analytics, to measure the effectiveness of our advertising and determine how visitors use this website. These service providers’ tools, including cookies and web beacons, allow us to collect information such as the state and ZIP code from which our visitors come and the IP addresses of our visitors’ computers. To opt out of aggregation and analysis of data collected by Adobe Analytics and Google Analytics, please click here and here.
We may collect information about your online activities on our website to provide you with advertising about products and services tailored to your individual interests. We also may obtain information for this purpose from third-party websites on which our ads are served. This section of our Privacy Notice provides details and explains how to exercise your choices.
You may see certain ads on other websites because we work with advertising partners (including advertising networks) to engage in remarketing and retargeting activities. Our advertising partners allow us to target our messaging to users through demographic, interest-based, and contextual means. These partners track your online activities over time and across websites by collecting information through automated means, including through the use of third-party cookies, web server logs, and web beacons. They use this information to show you advertisements that may be tailored to your individual interests. The information our advertising partners may collect includes data about your visits to websites that participate in the relevant advertising networks, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on our website and on third-party websites that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts. For example, we utilize Netmining’s targeted advertising services to show you our ads on other websites based on your prior visits to our site and other online activity. You can opt out of this feature by clicking here.
You also may opt out of ad network interest-based advertising generally through the Network Advertising Initiative website or by visiting http://www.aboutads.info/choices/.
Here are some of the ways we collect personal information in our Stores and a description of how we use the information:
When you buy products or obtain services in our Stores, we ask you for information we need to process your purchase or provide you with the services you requested. Depending on the payment method you use, and as permitted by applicable law, we may ask for information such as your name, mailing address, telephone number, driver’s license or ID number, passport number, and checking account information or payment card information. We also collect information about your purchase, such as the items you bought, the price of the items, the payment method you used, and if the product was on sale. We use this information to process your transaction.
You may join our Customer Registry at our Stores. To join, we ask for your name, postal address, email address, and mobile and home telephone numbers. You also may choose to provide us with your birth date and gender. We use this information to communicate with you about our products, services and promotions, and for other marketing and Customer Assistance purposes.
Customer Satisfaction Surveys
When you buy products or obtain services in our Stores, we may ask you to complete a customer satisfaction survey. If you choose to do so, you may provide information such as your name, email address, telephone number, age, gender, and other demographic information, in addition to your comments. Providing any of this information is optional. We use the information you provide to improve our products and services, and enhance your shopping experience.
Ben’s Garden Credit Card
Other Ways We Collect Personal Information
In-Store Wi-Fi Data Collection
In certain Stores, we use a service that analyzes Wi-Fi signals from mobile devices to measure Store occupancy and to identify customer traffic patterns in the Store. The service determines the location of a smartphone or wireless device by observing Wi-Fi or Bluetooth signals that are broadcast from that device. Individual devices are identified by a media access control (“MAC”) address that was assigned to the device when it was manufactured. For the service to collect information from your device, the device’s Wi-Fi must be turned on while you are in the Store. If your device’s Wi-Fi function is enabled, you will receive a pop-up message that asks whether you agree to allow your device’s Wi-Fi data to be collected while you are connected to the in-Store Wi-Fi network. The service provider that collects information from mobile devices in our Stores hashes MAC addresses to anonymize the addresses before using them for analysis purposes. The service provider’s reports to us contain only aggregated statistics about visitors to the Store. If you change your mind after agreeing to allow your device’s Wi-Fi data to be collected, you can opt out by turning off your device’s Wi-Fi function or by clicking here.
We use QR codes in connection with certain promotions, contests, and special events. If you scan our QR code, you will get an invitation on your mobile device to join our mailing list. To sign up, we ask you for information such as your name, mailing address, email address, telephone numbers, and age. We use the information to communicate with you about our products, services, and promotions.
You may call our Customer Assistance line for information about our products or personal shopping advice. If you do so, we may ask you for information such as your name, email address, postal address, telephone number, and, if you choose to make a purchase, your payment card information. We use this information to respond to your request and process your transaction.
Our products are available for sale in many department Stores. Personal information collected in these department Stores is not provided to Ben’s Garden. This Privacy Notice does not address the information practices of department Stores in which our products are sold. Department Stores may have their own privacy notices or policies, which we strongly suggest you review when you provide them with your personal information. We are not responsible for the department stores’ personal information practices.
Information We Share
We do not sell or otherwise disclose personal information about our customers, except as described here. We may share the personal information you provide to us with our affiliates worldwide, licensees, and joint venture partners for the purposes described in this Privacy Notice. We also may share the information with our service providers who perform services on our behalf based on our instructions. These service providers are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.
As described above, if you apply for a Ben’s Garden credit card at one of our Stores, we may provide the information on your application to the credit card issuer to fulfill your request.
We also may disclose information about you (i) if we are required to do so by law or legal process (such as a court order), (ii) in response to a request by law enforcement authorities, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. We also reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with our Privacy Notice. Following such a sale or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.
Links to Other Sites
This website may contain links to other sites for your convenience and information. These sites may be operated by companies not affiliated with Ben’s Garden. Linked sites may have their own privacy policies, which we strongly suggest you review if you visit any linked websites. We are not responsible for the content of any websites that are not affiliated with Ben’s Garden, any use of those sites, or the privacy practices of those sites.
How We Protect Personal Information
We maintain appropriate administrative, technical, and physical safeguards to protect the personal information you provide on this website or in our Stores against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure or use and other unlawful forms of processing. We use Secure Sockets Layer (“SSL”) technology to protect the transmission over the internet of your payment card data. You can check the security of your connection by looking at the URL line of your browser. When accessing a secure site, the first characters of the site address change from “http” to “https.” If you are using a web browser or firewall that does not permit communications through secure sites, you will not be able to make purchases on our site.
We strive to protect the confidentiality and security of Social Security numbers (“SSNs”) in our possession, custody, or control by employing reasonable safeguards seeking to (i) restrict employee access to and use of SSNs, (ii) prevent unauthorized third-party access to SSNs, and (iii) prohibit unlawful disclosure of SSNs.
Transfer of Personal Information to Other Countries
We may transfer the personal information we collect about you to recipients in countries other than the country in which you originally provided it. These countries may not have the same data protection laws as the country in which you provided the information. When we transfer your information to recipients in other countries, we will protect that information as described in this Privacy Notice and will comply with applicable legal requirements providing adequate protection for the transfer of personal information to recipients in countries other than the one in which you provided the information.
If you are located in the European Economic Area (“EEA”), with respect to transfers of personal information to the U.S., Ben’s Garden is certified under the EU-U.S. Privacy Shield framework developed by the U.S. Department of Commerce and the European Commission regarding the transfer of personal information from the EEA to the U.S.
Access and Correction
Subject to applicable law, we provide you with access to personal information we have retained about you and the ability to review, correct, update, block, or delete the information where it is inaccurate. Subject to applicable law, we may limit or deny access to personal information where providing such access is unreasonably burdensome or expensive under the circumstances. Please submit your request to the address specified in the “How to Contact Us” section below. Please include your name, email address, and postal address in your request.
We offer you certain choices about how we communicate with you and what information we collect from you. You may withdraw any consent you previously provided to us or object at any time on legitimate grounds and free of charge to the processing of your personal information, and we will apply your preferences going forward.
You can choose not to receive marketing communications from us by clicking on the unsubscribe link in our marketing emails, clicking here, or contacting us as specified in the “How to Contact Us” section below. Please include your name, email address and postal address if you send us your request by email or postal mail. Our website is not designed to respond to “do not track” signals received from browsers.
If you are a California resident, you may ask us to refrain from sharing your information with certain of our affiliates and other third parties for their marketing purposes.
To opt out of aggregation and analysis of data collected by Adobe Analytics and Google Analytics, please click here and here. To opt out of Netmining’s targeted advertising services, click here. To learn how to opt out of ad network interest-based advertising generally, click here or visit http://www.aboutads.info/choices/.
To opt out of Wi-Fi data collection in our Stores after you have opted in, either turn off your device’s Wi-Fi function or click here.
This website is not directed to children under the age of 13 and we do not knowingly collect personal information from children under the age of 13 on the site. If we become aware that we have inadvertently received personal information from a visitor under the age of 13 on this site, we will delete the information from our records.
Updates to Our Privacy Notice
This Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our personal information practices or relevant laws. We will post a prominent notice on the site to notify you of any significant changes to our Privacy Notice and indicate at the top of the notice when it was updated.
How to Contact Us
If you have any questions or comments about this Privacy Notice, or if you would like us to update information we have about you or your preferences, please contact us as indicated below:
Ben’s Garden, Inc., Attention: Chief Privacy Officer, c/o Legal Department, 42 Grand Street, New York, NY 10013 USA. E-mail: firstname.lastname@example.org.