Privacy

WEBSITE PRIVACY POLICY

Your privacy is important to us. To better protect your privacy, we provide this Privacy Policy, which explains our online information practices and the choices you can make about the way in which your information is collected and used on this website, located at berrymaterial.com (this “Website”). This Privacy Policy does not apply to information that we may collect or that you provide to us through other means, such as email, text messages, or through paper.

Please see our Terms and Conditions for additional information applicable to your use of our Website. [The Terms and Conditions limit our liability to you.] This Privacy Policy is incorporated by reference into and made a part of our Terms and Conditions. By accessing or using any areas of our Website, you expressly consent to the provisions of the Privacy Policy and to our collection, storage, use and disclosure of information obtained from you as described in this Privacy Policy.

THE INFORMATION WE COLLECT

You do not have to give us personally identifiable information in order to access and browse our Website. However, while on our Website, you may be able to order and buy products, enter promotions, sweepstakes or other contests, participate in a survey, complete a questionnaire or other “information request” form, or otherwise communicate with us through the Website. Some personally identifiable information is collected automatically through use of cookies and similar data collection tools.  (See “Use of Cookies” below.)

In order to utilize, participate in or otherwise access such products, services or other offerings, you may be required to provide us with your personally identifiable information, which is information that, alone or in combination with other information, allows us to identify you, such as your name, address, phone number, e mail address, contact preferences, credit card information, financial information or information relating to a support or service issue.

If you provide us with your personally identifiable information, you are giving us permission to use that information for the specific purpose for which it is provided and for any other purpose described in this Privacy Policy, which are described in detail below under “How We Use the Information”.

Users unwilling to provide personally identifiable information online can choose not to provide such information, and in some (but not all) situations users may be able to work with a sales representative or customer service representative to utilize our services or other site offerings without providing personally identifiable information.

IN ADDITION, IF YOU DO PROVIDE US WITH YOUR PERSONALLY IDENTIFIABLE INFORMATION, YOU HAVE THE ABILITY TO PREVENT US FROM SHARING YOUR INFORMATION WITH THIRD PARTIES IF YOU WISH, AS DESCRIBED BELOW UNDER “Your Options Regarding Personally Identifiable Information”.

We also may collect, store and use certain non-personally identifiable information we receive when you visit our Website, and we may de-identify (remove all identifying information) or aggregate data and information provided by or collected from multiple users (which may include you) in a manner that is not personally identifiable to any individual user. All non-personally identifiable information we collect and all aggregated/compilations of data we create are our exclusive property. Nothing in this Privacy Policy limits our right to use any such non-personally identifiable or aggregated information in any way (including, but not limited to, monitoring user traffic patterns, analyzing and quantifying user preferences, improving the design and content of our Website, and enabling us to personalize your user experience) or prohibits us from sharing non-personally identifiable or aggregated information with third parties.

HOW WE USE THE INFORMATION

We use the information we collect, including personally identifiable Information, to operate our business, including the Website.  You agree that we may use the information we collect as follows:

• Operate, improve, and personalize the Website.
• Provide use of and access to the Website and services offered through the Website, including your uses.
• Customize, measure, and improve the Website and the services offered through the Website.
• Provide offers and content that we think users will like.
• As described when we collect the information.
• Provide customer service to you.
• Contact you by either email, telephone (which may include using autodialed or pre-recorded calls), or text (SMS) messages (if applicable) to confirm orders, request your evaluation of our products and services, resolve disputes, collect fees, troubleshoot problems with our goods and services, and for other purposes authorized by law. Text (SMS) message and data rates may apply.
• Check and verify personally identifiable Information with third parties as necessary.
• Customize our advertising and marketing communications.
• Customize, measure, and improve our content and advertising based on users’ ad customization preferences.
• Contact you by either postal mail, email, telephone, (which may include using autodialed or pre-recorded calls), or text (SMS) messages (if applicable) to inform you about our goods and services, special offers, contest and prize communications, and other promotions offered by us or our business partners. Text (SMS) message and data rates may apply.
• For our legal, accounting, and other administrative purposes.
• Prevent, detect, investigate, and mitigate fraud, security breaches, potentially prohibited or illegal activities
• Protect the rights or property of us, our employees, our customers, or other users.
• Enforce our Terms and Conditions or other applicable agreements or policies.
• To create de-identified or aggregate data.

Generally, you may not opt-out of our use of information collected from you, including personally identifiable information, except as required by applicable law.  (Please see “Unsubscribe Requests” below for information on how to stop receiving certain email communications from us.)

HOW WE SHARE THE INFORMATION

Information about our customers is an important part of our business, and we share personally identifiable information collected on our Website with unaffiliated third parties only as described below. (Please see “Your Options Regarding Personally Identifiable Information” below for information on how to avoid having your personally identifiable information shared by us.)

• Business Providers; Unaffiliated Businesses: At times, we may provide products, services or offerings on our Website in cooperation with an unaffiliated third party, and we may share personally identifiable information that you provide in connection with any such products, services or offerings with the unaffiliated third party(ies) involved in your particular product, service or offering (collectively, “Business Providers”). For instance, when you express interest in products, services or other items that we offer (for example, by completing a request for or information regarding such services), we will share your request with the Business Providers with which we partner to offer you those products, services and other offerings. By electing to participate or otherwise expressing interest in any such product, service or offering conducted in conjunction with any Business Provider, you expressly authorize us to provide your personally identifiable information to those Business Providers. Please be aware that the Business Providers with whom we share your personally identifiable information may retain or use your information whether or not you use their services, and the privacy and information sharing practices of such Business Providers may differ from those described in this Privacy Policy. If you prefer not to be contacted by any such Business Provider or other third party with whom we share your personally identifiable information, you may follow the “unsubscribe” instructions provided in any email you receive from any such third party. In addition, you may opt out of our sharing your personally identifiable information with Business Providers and other third parties by following the instructions described below under “Your Options Regarding Personally Identifiable Information”.
• Third Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples may include fulfilling orders, sending postal mail and e-mail, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments and providing customer service. In connection with their performance of these functions on our behalf, we may share personally identifiable information with such companies and individuals as needed for them to perform their functions.
• Third Party Promotions: We may send offers to selected groups of customers on behalf of unaffiliated businesses that want to market their products or services to you, and as part of these promotional offers we may sell or disclose certain of your personally identifiable information to such unaffiliated businesses. If you prefer not to be contacted by any such business with whom we share your personally identifiable information, you may follow the “unsubscribe” instructions provided in any email you receive from any such third party. In addition, you may opt out of our sharing your personally identifiable information with such businesses by following the instructions described below under “Your Options Regarding Personally Identifiable Information”.
• In-House Promotions: We may on occasion combine information we receive online with outside records to enhance our ability to market our products and services that may be of interest to you. If you have signed up to receive our e-mails or SMS/text messages and prefer not to receive marketing information from us, please follow the “unsubscribe” instructions provided on any marketing e-mail you receive from us or by following the instructions described below under “Unsubscribe Requests”.
• Protection of Our Website and Others: We reserve the right to release personally identifiable information to unaffiliated third parties when we believe its release is appropriate to comply with the law, enforce or apply our Website Terms and Conditions and other agreements, or protect the rights, property or safety of our company, our users or others. This includes exchanging information with other unaffiliated third parties in connection with fraud protection and credit risk reduction.  We will disclose personally identifiable information as we deem necessary to respond to a subpoena, regulation, binding order of a data protection agency, legal process, governmental request, or other legal or regulatory process. We may also share personally identifiable information as required to pursue available remedies or limit damages we may sustain.
• Engage in Transactions.  We may disclose personally identifiable information to engage in transactions you have requested.  For example, we may disclose your payment information to banks or payment processors to process your payments for our goods or services, and we may disclose personally identifiable information in order to identify you in connection with communications with us.
• Administrative Purposes.  We may also disclose your personally identifiable information for various administrative purposes, as allowed by law.  These may include disclosure of your payment history to a credit reporting agency.
• Corporate Changes. We may transfer information, including personally identifiable information, in connection with a merger, sale, acquisition, or other change of ownership or control by or of us or any affiliated company (in each case whether in whole or in part).
• With Your Consent: We may share personally identifiable information with unaffiliated third parties to whom you expressly ask us to send your information. Other than as set out above, you will receive notice and have the opportunity to withhold consent when personally identifiable information about you might be shared with unaffiliated third parties.

YOUR OPTIONS REGARDING PERSONALLY IDENTIFIABLE INFORMATION

Except where we believe the release of your personally identifiable information is necessary or appropriate (a) to allow third party service provider functions on our behalf, (b) to comply with law, enforce or apply our Website Terms and Conditions and other agreements, or protect the rights, property or safety of our company, our users or others, (c) engage in transactions, or (d) related to corporate changes, you may opt out of our sharing of your personally identifiable information with unaffiliated third parties by sending us an email with “OPT OUT” in the subject line.  Any such opt-out request will only apply to sharing of your personally identifiable information within a reasonable time after we have received the request and will not apply in situations in which we have already relied on the right to share your information.

Some web browsers incorporate a “Do Not Track” (DNT) or similar feature that signals to digital services that a visitor does not want to have his or her online activity tracked. If a digital service that responds to a particular DNT signal receives the DNT signal, the browser can block that digital service from collecting certain Personal Information about the browser’s user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, we and many other digital service operators do not respond to DNT signals. For more information about DNT signals, visit http://allaboutdnt.com.

THIRD PARTY ONLINE ADVERTISING

We use third-party advertising companies to provide advertisements to you when you visit our Website. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to show you advertisements tailored to your interests on this and other websites and other interactive media and/or to keep track of your response to each ad. For more information on this practice, or to opt out of having this information used by these companies, please visit the Network Advertising Initiative here: http://www.networkadvertising.org/managing/opt_out.asp.  After opting out, an “opt-out” cookie will be placed on the user’s device indicating that the user does not want to receive interest-based advertisements.  If a user deletes cookies generally, the user will need to opt-out again.  Opting out of interest-based advertising does not mean users will no longer see advertisements from us or on the Website; rather, opting out means that the online ads presented will not be based on the user’s particular interests.  In addition, even after opting out of receiving interest-based advertisements, cookies and other data collection tools on the Website may collect information about users’ activities on the Website, including for analytics, fraud prevention and any other purpose permitted under the NAI Code of Conduct.

USE OF COOKIES

“Cookies” are simple text files stored on your computer for use by a browser. Cookies are not themselves personally identifiable information, but may be linked to personally identifiable Information that you provide to us through your interaction with the Website. Certain Website features may only be available through the placement of a cookie. We may use “cookies” to assist in data collection and to track visitor Website usage and trends to help us better serve our customers. The use of cookies is a standard practice among Internet Websites; most Internet browsers permit a user to accept, decline or delete cookies.  If you decline or delete cookies, certain Website features may be unavailable to you.

COLLECTION OF INFORMATION BY THIRD-PARTY SITES AND AD SERVERS

Our Website may contain links to other websites whose information practices may be different than ours. Our Terms and Conditions, Privacy Policy and procedures may or may not be consistent with the policies and procedures of such third party websites, and when you visit such websites our Terms and Conditions and Privacy Policy do not apply to personally identifiable information and other data collected by such third party. You should consult, read and understand the privacy notices of such third parties before choosing to provide personally identifiable information on any such linked websites.

Our Website may also use a third party ad server to present the advertisements that you may see on our Website. These third party ad servers may use cookies, Web beacons, clear .gifs or similar technologies to help present such advertisements, and to help measure and research the advertisements’ effectiveness. The information collected by these third parties may allow them to track information about you over time and across different website.  The use of these technologies by these third party ad servers is subject to their own privacy policies and is not covered by our Privacy Policy.

REMARKETING

This website uses Google AdWords & Facebook remarketing tags

This website uses the Google AdWords remarketing service and Facebook to advertise on third party websites (including Google and Facebook) to previous visitors to our site. It could mean that we advertise to previous visitors who haven’t completed a task on our site, for example using the contact form to make an inquiry. This could be in the form of an advertisement on the Google search results page, a site in the Google Display Network, or somewhere on Facebook. Third-party vendors, including Google and Facebook, use cookies to serve ads based on someone’s past visits to the Website. Of course, any data collected will be used in accordance with our own privacy policy and Google’s and Facebook’s privacy policy.

You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.

You can set preferences for how Facebook advertises to you by visiting the Facebook Ads preferences page.

OUR COMMITMENT TO SECURITY

We have in place what we believe to be reasonable physical, electronic and managerial procedures to safeguard and help prevent unauthorized access of, maintain data security for and correctly use the personally identifiable information you have provided or that we otherwise collect on our Website. HOWEVER, WHILE SUCH EFFORTS ARE INTENDED TO ENSURE THE CONFIDENTIALITY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION AVAILABLE TO US AS A RESULT OF YOUR USE OF OUR WEBSITE, WE CANNOT AND DO NOT WARRANT OR GUARANTEE THE ABSOLUTE SAFETY AND SECURITY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.

HOW YOU CAN ACCESS OR CORRECT INFORMATION

You may obtain information regarding the personally identifiable information that you provide or we collect about you via our Website to view and request that we correct any factual errors in such information. Access to personally identifiable information that you provide or we collect via our Website may be accessible for a limited period of time after the point of collection. For example, if you created a password-protected account within our Website, you may return to that portion of the Website to review the personally identifiable information you provided. Alternatively, you may request information about or corrections to your personally identifiable information by sending a letter or an e-mail to the street or e-mail address for our business headquarters, the contact information for which can be found via the “Contacts” page accessible on our Website homepage.  While we will evaluate your request that we correct any factual errors in your personally identifiable information, we have no obligation to change or delete any information.

To request, edit, or delete your data please fill out our Personal Data Request or Contact Us.

USAGE TERMS

Access to and use of this Website is subject to compliance with this Website’s Terms and Conditions.

UNSUBSCRIBE REQUESTS

To unsubscribe from email communications from us, please send us an email from the email account to which you wish to unsubscribe with “UNSUBSCRIBE” in the subject line.

CHILDREN

The Website is not intended for use by or targeted to children.  If you are under the age of majority in your place of residence, you may use the Website only with the consent of or under the supervision of your parent or legal guardian.  We do not knowingly solicit or collect information from children.  Consistent with the requirements of the Children’s Online Privacy Protection Act (COPPA), if we learn that we have received any information directly from a child under age 13 without first receiving his or her parent’s verified consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the child that he or she cannot use the Website and subsequently we will delete that information.

LOCATION OF SERVICES

Any information, including personal identifiable information, collected through the Website is processed in the United States by us or by a service provider acting on our behalf.  When you use the Website you consent to the processing of your information in the United States.  The Website is hosted in the United States.

DISCLAIMER

As noted in this Privacy Policy, we take our commitment to protection of your privacy seriously. However, NOTHING IN THIS PRIVACY POLICY IS INTENDED TO CREATE OR PROVIDE ANY RIGHT OF ACTION FOR VIOLATION.

MISCELLANEOUS

Access to and use of this Website is subject to compliance with this Website’s Terms and Conditions.

This Privacy Policy is governed by the laws of the state in which our business is located, and you hereby consent to the exclusive jurisdiction and venue of state and federal courts located in that state for all disputes arising out of or relating to this Privacy Policy.

You agree that any and all causes of action arising out of or relating to this Privacy Policy shall be resolved individually, without resort to any form of class action.

If for any reason a court of competent jurisdiction finds any provision of this Privacy Policy, or portion thereof, to be unenforceable, all other terms and conditions shall remain in full force and effect.

EFFECTIVE DATE AND CHANGES

The Effective Date of this Privacy Policy is set forth at the bottom of this Privacy Policy. We reserve the right to amend, change, modify, add to or delete this Privacy Policy from time to time in any manner and for any reason. Such amendments, changes, modifications, additions or deletions shall be effective immediately upon posting, unless otherwise indicated.  To the extent allowed by applicable law, any change will apply to information, including personally identifiable information, obtained prior to the effective date of the change, except as specified in the Privacy Policy. Use of the Website following such posting constitutes your acceptance of the revised Privacy Policy.

QUESTIONS

If you have any questions, please contact us at our business headquarters, the contact information for which can be found via the “Contacts” page accessible on our Website homepage.

Effective Date: 12/26/2019