Privacy policy

Perfect Plants Nursery LLC-Privacy Statement

Effective January 1st, 2024

This Privacy Statement applies to your interaction with Perfect Plants Nursery as a prospective, current, or former Perfect Plants Nursery customer. It describes how Perfect Plants Nursery collects, uses, shares, and protects personal information from and about you, along with choices you can make about such information. This Privacy Statement is not a contract and does not create any legal rights or obligations.

What Information We Collect

We collect the following categories of personal information in order to provide products and services to you, to communicate with you, to enhance our products, services, and operations, and for other operational, legal, and compliance purposes:

  • Identification information that can be used to identify you, such as your name, alias, address, phone number, email address, payment information, login and access credentials, signatures, or other identifiers. We may also collect online identifiers, such as your IP address, when you browse our websites or use our applications.
  • Commercial information, such as products or services you purchased or considered purchasing.
  • Online activities information, such as browsing history, search history, and other information when you interact with our websites, applications, and advertisements. We, and our third-party partners, may also use analytics tools to collect information about your keystroke activity and rhythms, mouse movements, scrolling and clicks when you use our websites or mobile applications.
  • Geolocation data, including precise geolocation data if you allow our application to collect it for purposes such as helping our website tell you which plants grow in your planting zone or for analytic purposes.
  • Protected class information under state or federal laws, such as age, gender, and family status.
  • Education information, such as when you respond to a customer survey.
  • Sensitive Personal Information, such as precise geolocation, race and ethnicity information, and payment card information when permitted by law. We use the information to provide goods or services you request (e.g., with your consent, we use precise geolocation to calculate the grow zone you're browsing from, so the products you view tell you whether they can grow in your zone. ). We may also use the information so that we can provide relevant products or services to you. In addition, where permitted by law, we use the information to prevent, detect, protect against, or respond to security incidents, identity theft, fraud, and illegal activity.

What Are the Sources of Your Information

We collect different types of information about you from a number of sources, including information you provide to us, information we automatically collect, information we obtain from other sources (specified below), and information we derive or infer about you.

Information You Provide

You may choose to provide us with information when you interact with us. Examples include:

  • Identification information. You may provide your contact information in case we need to reach out to you. You may also set up your login and access credentials when creating or accessing your Perfect Plants login account. To complete transactions, we collect your payment information (e.g., credit or debit card numbers) and signatures.
  • Commercial information. You may provide or generate commercial information regarding your Perfect Plants purchases, returns, exchanges, warranties, and rebates.
  • Protected class information under state or federal law or other sensitive personal information. For example, you may provide your protected demographic information, including age, gender, race and ethnicity and marriage and family status, when you complete a survey from us.
  • Your preferences and inferences. You may let us know your preferences in a survey, contest, promotion or sweepstakes, or any other contents you submit, such as product reviews.
  • Education information. You may provide education information in surveys.

Information We Collect by Automated Means

We collect information by automated means online and offline. When you use our websites or mobile applications, Perfect Plants and our partners may collect certain information by using Cookies and other Technologies. 

As described under the “What Information We Collect” section, we collect identification information (e.g. your IP address, device ID, cookie ID, mobile advertising identifier, or pixel identifier), online activities, geolocation data, and audio, electronic, video or image information via automated means.

Information We Collect from Other Sources

  • Identification information. We may collect your contact information from Perfect Plants affiliates, acquired businesses, business partners, public sources or other individuals, such as through “Affiliate Program” programs or if someone purchases a product and asks that it be delivered to you.
  • Commercial information. We may obtain your commercial information, such as your purchase history, from Perfect Plants affiliates, acquired businesses or business partners. 
  • Inferences or preference information about you, protected class information under state or federal laws, sensitive personal information, professional or employment-related information, education background, and geolocation information. We may collect inferences or preference information about you from business partners, such as data

suppliers and data analytics or survey vendors. We may use such information to conduct aggregated analyses of our customer composition, and we may collect your interest and preference information to recommend products or services that may interest you.

Information We Generate or Derive

  • Inferences or preference information about you. We may generate or derive some information about you through manual or automated means based on other information we collect. For instance, we may analyze your information and infer your shopping preferences to provide tailored recommendations to you. We may also conduct analyses based on aggregated or de-identified information. We may connect information we collect about you from the means described above if we can identify you as a Perfect Plants customer, so that we can provide a personalized experience regardless of how you interact with us.

Why We Collect Your Information

We use your personal information for various business or commercial purposes, including fulfilling products and services, communicating with you, supporting and enhancing our business functions, and for other legal, compliance, and security purposes.

Fulfill Products, Services, and Transactions

We may use your identification information, commercial information, online activities, geolocation information, audio/video, geolocation, sensitive personal information, and other personal information to provide products and services to you, such as:


  • Provide and deliver products and services, fulfill your orders and transactions, and manage returns and exchanges
  • Process, record, and track your purchases, payments, returns, warranties, and rebates
  • Process payment
  • Create and manage your account registrations or benefit or reward program enrollment, such as your Perfect Plants account
  • Conduct and administer contests, surveys, and sweepstakes
  • Provide you with in-website recommendations for plants that grow in your grow zone
  • Fulfill benefits associated with your membership or other use of our products and services
  • Identify and verify your identity when needed to provide you with products and services or access to our systems

Facilitate Customer Communication and Outreach

We may use your all of the categories of information described under “What Information We Collect” section to facilitate and tailor our outreach to you, such as:

  • Communicate with you through various channels with transactional or promotional information, such as transaction confirmation and reminder, newsletters, coupons, and other messages
  • Evaluate and respond to your requests, inquiries, and applications
  • Administer programs for product reviews and surveys as submitted by you and other customers

Enhance Our Products, Services and Operations

We may use all of the categories of information described under “What Information We Collect” section to enhance our products, services and operations, such as:

  • Conduct research and internal analytics, develop new products and services, perform market research and data analytics, and analyze our products, services, websites, and applications
  • Customize your experiences online, including customized advertisements and offers
  • Determine and manage the effectiveness of our advertising and marketing
  • Administering our websites and applications, and perform accounting, auditing, billing, reconciliation, and collection activities

Comply with Legal, Compliance, Law Enforcement and Security Requirements

We may use identification information, commercial information, online activities, geolocation, and audio, electronic, video, image and other personal information for legal, compliance, fraud prevention and security purposes, such as:

  • Comply with and enforce applicable legal requirements, industry standards and our policies and terms. 
  • Assist law enforcement and respond to regulatory inquiries
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity

How We Share Your Information

We share your personal information with unaffiliated entities (companies outside the Perfect Plants family) with your proper implied or express consent. Specifically, we share your personal

information to conduct business with advertising providers and business partners, comply with legal requirements, and transfer our business.

Product or Service Providers and Business Partners

We may disclose your personal information to companies that provide various services to us in areas, such as order processing and fulfillment, information technology, marketing, customer service, data analytics, research and enhancement, fraud prevention, and legal, compliance and risk management. We may also disclose your personal information to product suppliers for purposes such as post-sale services or recalls. These companies may need access to information about you in order to perform their functions but are generally not authorized to use the information we disclose to them for any other purpose.

In limited cases, we may disclose information about you to a third party who may also use the information for their own specific purposes. For instance, we may provide your information to a vendor that offers additional product warranty coverage, to a business partner who jointly provides or promotes a product or service to you, to a loyalty program partner that offers additional benefits to you, or to a social media or online advertising technology company to serve targeted advertising about products and services available at Perfect Plants to you.

Legal, Enforcement, Security and Investigation

We may disclose information about you (1) if we believe we are required to do so by law, regulation or legal process, such as a court order or subpoena; (2) as we deem appropriate or necessary in response to requests by government agencies, such as law enforcement authorities or tax authorities; (3) when we believe disclosure is appropriate or necessary to protect the rights, property or safety of Perfect Plants, our customers or others, including to prevent physical, financial or other harm, injury or loss or to collect debt you owe; or (4) in connection with an investigation of suspected or actual unlawful activity.

Sale or Transfer of Business or Assets

We 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 (including, without limitation, in the event of a reorganization, dissolution, or liquidation).

Categories of Personal Information Disclosed for Business Purposes

We disclose all of the categories of personal information described under the “What Information We Collect” section for business purposes, including fulfilling products, services and transactions, facilitating customer communication and outreach, enhancing our products, services and operations, and comply with legal, compliance, law enforcement and security requirements.

Examples of the types of vendors we disclose personal information to for these purposes include

analytics and research vendors, warranty services companies, order processing and fulfillment vendors, fraud prevention, legal, compliance and risk management vendors, information technology vendors, financial institutions, and marketing and advertising vendors.

Categories of Personal Information Shared with Third Parties

We share your personal information with digital advertising partners for purposes including online targeted marketing and measuring the effectiveness of such marketing. Certain digital advertising partners combine the information into a customer profile. We may also disclose your information to our business partners who may use it for additional purposes relevant to our products or services (e.g., joint marketing, joint product/services offering).


Categories of Third Parties and Purposes of Sharing

Categories of Personal Information

Financial Institutions

(e.g., for joint marketing and analytics on private-labeled credit cards)


  • Identifiers
  • Commercial Information
  • Inferences

Marketing and Advertising Networks and Social Media

(e.g., for targeted advertising of products and services available at

Perfect Plants)

  • Identifiers
  • Online Activities
  • Commercial Information
  • Professional or Employment-Related Information
  • Protected Classes Under the California or Federal Law (e.g., age range, gender)
  • Inferences

Fraud Prevention Vendors

(e.g., for detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity

  • Identifiers
  • Commercial Information
  • Online Activities
  • Geolocation Information
  • Audio, Electronic, Video or Image Information




Categories of Third Parties and Purposes of Sharing

Categories of Personal Information

and prosecuting those responsible for that activity)

  • Professional or Employment-Related Information
  • Protected Class Information Under the California or Federal Law
  • Sensitive Personal Information (Payment Card Information)

Your Privacy Rights and Choices

Privacy Rights for Residents of Certain States

Residents of certain states have rights to access, delete, correct, or opt-out from certain types of processing or sharing of their personal information. Depending on your state of residency and subject to certain legal limitations and exceptions, you may be able to exercise some or all of the following rights:

  • Access your personal information. You may request to access a copy of your personal information we maintain about you.

In addition, in California, you may request to learn more about the categories and specific pieces of personal information we collect about you, the categories of sources from which personal information is collected, and the categories of entities with whom we share personal information. You can also learn about categories of entities who may use your personal information for additional purposes relevant to our products or services (e.g., joint marketing, joint product/services offering) for valuable considerations. The information may be delivered by mail or electronically at your request.

  • Correct your personal information. You may request to correct inaccurate personal information we maintain about you. If you would like to change information related to your order or services, please contact Perfect Plant’s Customer Service Team. 
  • Delete your personal information. You may request that Perfect Plants delete your personal information we maintain about you. This may impact our capability to provide products or services to you. Please also note, we need to keep certain information when permitted by law to complete the transactions, detect security incidents, prevent fraudulent or illegal activities, identify and repair errors, comply with laws and regulations, and for other solely internal and lawful purposes.
  • Opt-out from sale of your information. We may disclose your personal information we maintain about you to our business partners who use it for additional purposes yet relevant to our products or services (e.g. joint marketing, joint product/services offering). These disclosures may be deemed as a "sale" under certain privacy laws (e.g. California) if such disclosure is for any valuable consideration. We do not, however, disclose your information to third parties for purposes unrelated to our products and services in exchange of monetary value. You may opt out from “sale” of your personal information.
  • Opt-out from the sharing of  your information for targeted advertising. We use certain advertising cookies, pixels or tags to serve targeted online ads and to measure their effectiveness, including ads that are selected based on personal information obtained from your activities over time and across nonaffiliated or distinctly-branded websites, applications, or services. You can opt-out from the sharing of your personal information for targeted advertising.
  • Limit the use and disclosure of sensitive personal information. In certain states, such as Virginia, we collect and process “sensitive personal information” with your opt-in consent. For certain other states, such as California and Utah, you may request Perfect Plants to limit the use and disclosure of your sensitive personal information to certain purposes that are permitted by law, such as providing products or services, detecting security incidents and protecting safety, preventing fraud or illegal actions, and maintaining the quality of services we provide. Please note that the definition of sensitive personal information varies by state, so your rights with respect to specific types of information will depend on your state of residency.
  • Appeal your request. Residents of certain states may appeal a decision to not take action on your privacy right request within a reasonable time after your receipt of the decision.

Depending on your state of residency you may also have the right to not receive retaliatory or discriminatory treatment in connection with a request to exercise the above rights. However, the exercise of the rights described above may result in a different price, rate or quality level of product or service where that difference is reasonably related to the impact the right has on our relationship or is otherwise permitted by law.

Below is a summary of your privacy rights based on your state of residency:

  • California Residents: Right of access, correct or delete personal information, right to opt-out of “sale” of personal information, right to opt-out of “sharing” of personal information for targeted advertising, limit the use of sensitive personal information, no discrimination.
  • Colorado, Connecticut, and Virginia Residents: Right of access, correct or delete your personal information, right to opt-out of sale of personal information for money, right to opt-out of targeted advertising, no discrimination, right to appeal. (Effective 1/1/23 in Virginia and 7/1/23 in Colorado and Connecticut)
  • Utah Residents: Right of access or delete personal information, right to opt-out of sale of personal information, right to opt-out of targeted advertising, no discrimination. (Effective 12/31/23)

How to Submit Privacy Request(s)

  • Access, correct, or delete personal information. To access, correct or delete your personal information, please email Contact@myperfectplants.com or call 850-997-3008. We need your contact information, such as name, address, phone number, and email, to submit your request and verify your identity for access or deletion requests.

For your information security and privacy, we may work with an identity verification business partner or require you to log into your Perfect Plants online account (if you have one) to verify requestor identity. With your consent, we may send you a text to your mobile number to verify your identity. Our ID verification service provider may also present you with several questions to which only you may know the answers.

  • Opt-out from “sale,” or limit the use and disclosure of sensitive personal information. To opt-out from “sale,” or to limit the use and disclosure of sensitive personal information, please submit an opt-out request via email to Contact@myperfectplants.com or call 850-997-3008.

Nevada Residents. Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain “covered information” that a website operator has collected or will collect about the resident. We do not sell your covered information, as defined by Chapter 603A of the Nevada Revised Statutes. If you reside in Nevada, you have the right to submit a request to contact@myperfectplants.com to opt out of the sale of covered information. Please include “Nevada Rights Request” in the subject line.

  • Opt-out from sharing of personal information for targeted advertising. To opt-out from sharing or targeted advertising, please adjust your cookie preference for Perfect Plants site.  The opt-out is associated with the browser that you use to set those preferences.
  • Opt-out Preference Signals. You may also institute opt-out preference signals such as the Global Privacy Control for requests to opt-out from “sale” or opt-out from sharing of personal information for targeted advertising (on the browsers and/or browser extensions that support such signals). The opt-out applies to your browser and not to you as an individual.
  • Appeal. To appeal a decision to not take action on your privacy right request, please Email us at contact@myperfectplants.com
  • Authorized Agent. You may designate an agent to submit privacy requests on your behalf, but for your protection, we may need to verify your identity directly with you before fulfilling certain requests, and we will deliver your personal information directly to you (if requested). We need your agent’s contact information, and your agent needs to have your information ready when submitting the request.

We respond to requests to exercise privacy rights in accordance with our legal obligations, but please note that not all of these rights may be available to you depending on where you live.

When we are not legally required to do so, we strive to comply with reasonable requests, but there may be a delay in responding to such requests. In certain circumstances, we may decline a privacy rights request, particularly where you are not a resident of one of the eligible states or where we are unable to verify your identity.

Your Privacy Right Under the California Shine the Light Act

How to Know If My Information Has Been Disclosed for Direct Marketing Purposes: Subject to certain limitations under California Civil Code § 1798.83, if you are a California resident and have an established business relationship with us, you may ask us to provide you with (i) a list of certain categories of personal information that we have disclosed to certain third parties for their direct marketing purposes during the immediately preceding calendar year and

(ii) the identity of certain third parties that received personal information from us for their direct marketing purposes during that calendar year. To make such a request, please contact us as follows:

Perfect Plants Nursery

Privacy Office – California Privacy Rights PO Box 442

Lloyd, FL 32337

Additional Privacy Choices

In addition to the rights described above, we also make the following privacy choices available:

Perfect Plants Online Account

You may access or modify your online account profile information and view your order history when you log into your online account on www.myperfectplants.com

Email

To stop receiving marketing emails, you may click on the "Unsubscribe" link in any marketing email you receive from us and update your preferences on the resulting webpage. You can also email contact@myperfectplants.com with the phrase “REMOVE FROM NEWSLETTER LIST” in the subject line. To provide products and services, we may continue to send transactional emails.

Mobile

Text messages. We may send text messages with your proper consent. To stop receiving

marketing text messages from Perfect Plants, please reply STOP to the Perfect Plant’s marketing text message. Please note this preference will only apply to the phone number in receipt of the text.

Push notifications. To opt-out from Perfect Plants push notifications, please adjust the permissions in your mobile device. This opt-out does not apply to in-app notifications.

Geolocation location. To stop collecting precise location information by our mobile applications, please adjust your mobile device setting.

Interest-Based and Other Targeted Advertising

You can adjust your cookie preference with the browser that you use to set those preferences, not with you as an individual. If you clear cookies on your browser after opt-out, your browser will no longer remember your preference, and you will need to reset your preference.

How We Share Information Collected in the Programs. We share information collected in Programs for purposes and to unaffiliated entities.  We may use and share all categories of information collected through the Programs described above with advertising vendors to provide targeted advertising about our products and services relevant to you. You may opt out of targeted advertising by following the steps in the How to Submit Privacy Request(s) section. Our tailored offers and promotions may not be accessible if you opt out from targeted advertising.

How to Opt Out of the Programs.

To opt-out of ongoing discount, loyalty or rewards programs associated with your online account, you may contact customer service to deactivate the account and remove you from our email list. To opt-out of the program and forgo any ongoing incentives, you may unsubscribe from our marketing communications for communication-based incentives. For California residents, you may email Contact@myperfectplants.com with the subject line “Financial Incentive Opt-Out” (please include your name, address, email and the name of the applicable program).

How We Protect Your Information

We maintain administrative, technical, and physical safeguards designed and intended to protect personal information against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure or use. Despite these safeguards, due to inherent uncertainty in the use of the internet and information systems and the potential for unlawful attacks by third parties, we cannot guarantee that the use of our systems, websites or applications will be completely safe or secure.

How We Retain Your Information

We retain personal information only for as long as is reasonably necessary to fulfill the purpose for which it was collected, comply with our legal obligations, resolve disputes, and enforce our agreements. To determine the appropriate duration of the retention of personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of personal information and if we can attain our objectives by other means, as well as our legal, regulatory, tax, accounting, and other applicable obligations.

Once retention of the personal information is no longer necessary for the purposes outlined above, we will either delete or de-identify the personal information or, if this is not possible (for example, because personal information has been stored in backup archives), then we will store and protect the personal information until deletion or deidentification is possible.

Other Important Considerations

Cookies and Other Technologies

Cookies refer to small packets of data that websites send to your computer or other internet- connected devices. Perfect Plants and our business partners use them for different purposes. These technologies can uniquely identify your browser and log information, such as your device type, system and browser information, IP address, system language, location and your interactions with the site. Like other websites, we need some essential cookies for our website to function properly. We also use some functional cookies to pre-populate your log-in ID to make it easier for you, or to help us remember where you left off when you shopped, so you do not have to restart all over again. We may use browser cookies, flash cookies and other types of local storage. We, and our third-party partners, may also use analytics tools to collect information about your keystroke activity and rhythms, mouse movements, scrolling and clicks when you use our websites or mobile applications.

Perfect Plants and our business partners also use cookies with other technologies, such as tags, beacons or pixels. They allow us to count visitors to our web pages, evaluate the effectiveness of our promotional campaigns or recommend relevant products and services to you when you browse social media or other websites. We think these technologies create meaningful interactions with you and are helpful, but you can let us know that you prefer otherwise by opting-out from these advertising cookies and technologies by visiting the Perfect Plants Privacy Statement.

Interest-Based Advertising and Other Targeted Advertising

We collect data about your activities on our websites and applications for use in providing tailored advertising, and we may share information about activities on our websites with advertising networks administered by third parties. These ad networks track your online activities over time and across websites by collecting information through automated means, and they use this information to show you advertisements that are tailored to your individual interests. As a result, you may see certain ads on other websites based on prior activities on our websites and vice versa. We may also combine information about your online activities with your activity in a Perfect Plants store using our mobile applications.

We may also utilize third-party services that may allow us to associate your prior Perfect Plants online transaction data, operating system, user-agent string, IP address, internet browser, installed fonts and similar information with a pseudonymized ID, which can then be used to target Perfect Plant’s advertising to you on other websites and online platforms.

To provide you with a consistent shopping experience, we may also associate various devices you utilize (e.g., smartphones, tablets and desktop computers) by using the information we collect about you. We may combine information we collect from your devices with other information we have about you, such as your Perfect Plants account information, your interaction with our sites, apps and services and your transaction history.

The Digital Advertising Alliance (DAA) has created guidance for online advertisers and

provided a mechanism for such advertisers to comply with users’ choices regarding interest- based ads. 

Social Media Widgets

Our online services may include social media features (e.g., a Facebook “Like” button). These features are connected to third parties and may allow such third parties to collect certain information, such as your IP address and which pages you visit on our websites. These social media features are not operated by Perfect Plants.  Your interactions with these features are governed by the privacy policies of the company providing the features.

Links to Other Websites

Our websites may link to other websites for your convenience and information. For instance, they may link to websites of product suppliers, manufacturers, and university websites. We are not responsible for the content or privacy practices of any website that we do not control and that does not point to this Privacy Statement.

Scope

When we use the term “personal information” in this Privacy Statement, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual within the context of the individual’s role as a member of our Personnel or a related person. It does not include aggregated or de-identified information that is maintained in a form that cannot reasonably be used to infer information about, or otherwise be linked to, a particular individual. Where we maintain de-identified data, we will maintain and use the data in de-identified form and not attempt to re-identify the data except as required or permitted by law.

The Privacy Statement covers the privacy practice of Perfect Plants Nursery, LLC and its U.S.

operating subsidiaries and affiliates (“Perfect Plants”), except as outlined below. It applies to personal information about a prospective, current or former Perfect Plant’s customer, visitor or business partner.

In some cases, we may provide additional details about privacy practices specific to a particular operation or location. For example, some of our websites may provide additional privacy details unique to that website, or some stores may post additional privacy details specific to that store or an event.

How to Contact Us

If you have questions or comments about this Privacy Statement or if you would like us to update the information we have about you or your preferences, please contact us as indicated below.

Perfect Plants Nursery

Privacy 

PO Box 442,

Lloyd, FL 32337

Updates

This Privacy Statement may be updated periodically and without prior notice to you to reflect changes in our information practices or relevant laws. We will post a notice on Myperfectplants.com and other websites that point to this Privacy Statement to notify you of any substantive changes to the way we collect and use information. We will indicate at the top of the Privacy Statement when it was last updated.