Last Updated: April 9th, 2022
Please read this Policy carefully, because by using the Site, you are acknowledging that you understand and agree to the terms of this Policy, and consent to the manner in which we may collect, use and disclose the foregoing information. If you do not agree to the terms of this Policy, please do not use the Site.
We reserve the right to change the provisions of this Policy at any time. We will alert you that changes have been made by indicating on the Policy the date it was updated. We encourage you to review this Policy from time to time to make sure that you understand how any Personal Information you provide will be used. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes.
This Policy applies solely to information collected by the Site. It will notify you of the following:
What Information Do We Collect?
- Personal Information You Provide to Us – We only have access to and collect personal information (such as your name, date of birth, social security number, credit card number, mailing or billing address, telephone number, or email address, and email preferences (collectively, “Personal Information”) that you voluntarily give us via email or other direct contact from you. We will not sell or rent your Personal Information to anyone. We are the sole owners of the Personal Information collected on this Site.
- Information Collected by Automated Means – Whenever you use the Site, we, as well as any of our third-party advertisers and/or service providers, may use a variety of technologies that automatically collect information about how the Site is accessed and used (“Usage Information”). Usage Information may include, in part, browser type, operating system, the page served, the time, how many users visited the Site, and the website you visited immediately before the Site. This statistical data provides us with information about the use of the Site, such as how many visitors visit a specific page on the Site, how long they stay on that page, and which hyperlinks, if any, they “click” on. Usage Information helps us to keep the Site fresh and interesting to our visitors and to tailor content to a visitor’s interests. Usage Information is generally non-identifying, but if we associate it with you as a specific and identifiable person, we treat it as Personal Information.
- Device Identifiers – In the course of collecting Usage Information we may also collect your IP address, MAC Address or other unique identifier (each a “Device Identifier”) for the computer, mobile device, Wi-Fi card, or other technology (collectively, “Device”) you use to access the Site. A Device Identifier is a number that is automatically assigned to your Device when you access a web site or its servers. Our computers identify your Device by its Device Identifier. When you visit the Sites, we may view your Device Identifier. We use this information to identify repeat visitors to our Site. We also may use this information to send you targeted advertisements and to enhance the Site. We may associate your Device Identifier with your Personal Information.
The technologies used on the Site, including Device Identifiers, to collect Usage Information may include, without limitation:
- Web Beacons – We may also include web beacons (also known as web bugs, Internet tags, pixel tags, tracking pixels and clear GIFs) with the content and ads that we deliver to you, which we will use to collect information regarding your interaction with our content and ads. A web beacon is a transparent graphic image placed on a web page or in an email, which indicates that a page or email has been viewed or that an email has been forwarded. In addition, a web beacon allows third parties to obtain information such as 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, the type of browser used to view the page, and the information in cookies set by the third party. A web beacon may also tell your browser to get content from another server.
Cookies and web beacons (together, “Site Cookies”) may enable us to track and target the interests of our users to enhance the experience on our Site, track user actions/behavior on our Site and track the effectiveness of ads.
How Do We Use Your Information?
We will use your information to respond to you regarding the reason you contacted us. We will also use your information as follows:
- Registration – A user may need to first complete a registration form in order to use the Site. During registration, a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our Site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.
- Orders – We may request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we will use this contact information to contact you.
- Surveys and contests – From time-to-time, our Site may request information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this Site.
- Customer Service – Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this Policy.
- Chat – Our Site may use chat functionality to enable direct communication with you through our Site. We will primarily use such information to assess your needs and to gain your contact information so that we may contact you to further discuss our products and/or services.
Do We Share Your Information?
We will not trade, rent, share or sell your Personal Information to third parties unless you ask or authorize us to do so.
Unless you ask or provide your consent to do so, we will not share your Personal Information with any third party outside of our organization, other than with our service providers, including as necessary to fulfill your request, e.g. to ship an order. Only employees who need the Personal Information to perform a specific job (for example, billing or customer service) are granted access to Personal Information. The computers/servers in which we store Personal Information are kept in a secure environment.
We may share aggregated demographic information with our partners and advertisers. This is not linked to any Personal Information that can identify any individual person.
We will disclose Personal Information when we believe in good faith that such disclosures (a) are required by law, including, for example, to comply with a court order or subpoena, or (b) will help to: enforce our policies; enforce contest, sweepstakes, promotions, and/or game rules; protect your safety or security, including the safety and security of property that belongs to you; and/or, protect the safety and security of our Site or third parties. In addition, if Payless Hardware, Rockery, and Nursery or all of its assets are acquired, all of the data collected by us through the Site and through other means and services provided by us would be among the transferred assets.
Your Privacy Rights — Access to and Control Over Information
We offer you choices regarding the collection, use, and sharing of your Personal Information. If you receive promotional communications from us, you may indicate a preference to stop receiving further promotional communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the promotional email you receive or by contacting us directly at the email address or phone number given on our Site. We do not charge for this service, and your opt-out request will be processed within 30 days of the date on which we receive it.
You can do the following at any time by contacting us via the email address or phone number given on our Site:
- See what data we have about you; if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Notify us if you do not want us to share your Personal Information for marketing and promotional purposes.
How to Opt-Out of Targeted Advertising
You can set most web browsers to notify you if you receive a cookie, or you may choose to block cookies, though either of those actions may affect the use of our Site. If you prefer to not receive targeted advertising, you can opt out of some network advertising programs that use your information. To do so please visit the Digital Advertising Alliance (DAA) Opt-Out Page: http://www.aboutads.info/choices/. Please note that even if you choose to remove your information (via opting out), you will still see advertisements while you are browsing online. However, the advertisements you see may be less relevant to you and your interests. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The DAA Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies’ pages where you can opt-out of receiving targeted advertisements from companies.
You can also find out more about your ‘Do Not Track’ options by visiting http://www.allaboutDNT.com.
Does This Policy Apply to Other Websites Linked To Or From the Site?
Do We Collect Information From Children Under the Age of 13?
The Site is not intended for use by children under the age of 13, and Payless Hardware, Rockery, and Nursery does not knowingly collect or use any Personal Information from such children. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make commercially reasonable efforts to delete such Personal Information from our database.
What Steps Do We Take To Protect Your Information?
We take measures designed to protect your Personal Information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. We provide physical, electronic, and procedural safeguards to protect Personal Information we process and maintain. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other types of misuse. To protect the confidentiality of Personal Information maintained in your account, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Site by any person using your password. Please advise us immediately if you believe your password has been misused.
This Policy and the privacy practices of Payless Hardware, Rockery, and Nursery will be subject exclusively to the laws of the State of California in the United States. Payless Hardware, Rockery, and Nursery makes no representation that this Policy and our practices comply with the laws of any other country or jurisdiction. Users of the Site who reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If you reside outside of the United States, by using the Site, you consent to the transfer, processing, and use of your information outside of your country.