Updated August 18, 2021
This website privacy statement (“Website Privacy Statement”) describes the practices of Backyard Farms, LLC (“Operator”, “we”, “us”, or “our”) regarding Personal Information collected via its websites at backyardfarms.com (the “Site”). This Website Privacy Statement applies only to Personal Information that we gather or collect via the Site. It does not apply to any information collected offline or otherwise outside of the Site.
By accessing or otherwise using the Site, you agree to comply with, and be bound by, the Website Privacy Statement and also the Website Terms and Conditions of Use (the “Terms of Use“). Please carefully both the Website Privacy Statement and the Terms of Use carefully and do not continue to access or use the Site if you do not agree to all terms of both documents.
1. What Information Do the Site Collect?
When you visit our Site, we may collect two types of information about you: (1) information that can be used to specifically identify you by name (“Personal Information”), and (2) information related to your activities on the Site that we automatically collect as you interact with the Site, e.g., cookies (“Website Usage Information”).
(a) Personal Information You Voluntarily Provide. Generally, you can visit the Site without telling us who you are and without giving us Personal Information. We collect Personal Information at the Site is if you voluntarily fill out a form on the Site, register, subscribe to a newsletter, send us a message, or if you use another feature on the Site. We will collect whatever Personal Information you voluntarily provide (e.g., name, phone number, postal address, e-mail address, credit card number, cardholder name, expiration date). If you fill out an online form, we will collect whatever information you enter into the form and whatever data, files, or materials you upload. Likewise, if you send us a message via the Site (e.g., by entering it on a “Contact Us” page, or similar), you may be sending us your name, e-mail address, and any other information, including Personal Information, you choose to include in that communication. Please note that information submitted to the Site via a “Contact Us” form or similar function may not receive a response. You are under no obligation to provide Personal Information, but if you elect not to provide it, you may be unable to use certain features of the Site or to communicate with us via the Site.
(b) Information We Automatically Collect When You Visit and Use the Site. When you visit the Site, we and our service providers may use a variety of technologies that automatically or passively collect, or store certain Website Usage Information related to your activities on the Site. Website Usage Information may include your IP address or other unique identifier; your device functionality (e.g., browser, operating system, hardware, mobile network information); the URL that referred you to our Site; the areas within the Site that you visit and your activities there; your device location and characteristics and certain other device data, including the time of day and other information. We and our service providers may use a variety of technologies to collect or store Website Usage Information. These technologies may set, change, alter or modify settings or configurations on your device. These technologies currently include, without limitation, cookies (a small data file placed on your computer when you visit the Site). For details about cookies, please read our Cookie Declaration.
In the future, the technologies may include web beacons (small graphic images or other web programming code that may be included in our web pages and e-mail messages), embedded scripts (code that is designed to collect information about your interactions with the Site, such as which links you click on), ETags, or similar and technologies. Third party service providers may use such technologies with our Site and may collect information about you, including Personal Information, without notice to you.
Where allowed by law, by using the Site, you consent to potentially encountering third party tracking technologies when using our Site and accept that our statements in this Website Privacy Statement do not apply to the tracking technologies or practices of such third parties. We are not responsible for any such third-party technologies or activities arising out of them. We are not responsible for the effectiveness of or compliance with any third party’s opt-out options. Website Usage Information typically is anonymous information not associated with you or your name. However, if Website Usage Information is combined with your Personal Information in a manner that it is directly associated with your name, it will be treated as Personal Information under this Website Privacy Statement.
(c) Children. The Site do not offer products or services to children and we do not knowingly collect any Personal Information from children younger than the age of thirteen (13). We will delete any Personal Information collected that we later determine to be from a person younger than the age of thirteen (13).
2. How do we use the Information Collected?
We may use your Personal Information or Website Usage Information for various purposes, but it is primarily used to communicate with you and to transact business with you. For example, we use such information to: (1) respond to your inquiries and personalize your experience on the Site (your information helps us to better respond to your individual needs); (2) improve our Site (we continually strive to improve our Site offerings based on the information and feedback we receive from you) or our products and services; (3) provide you with information about products, services, and special offers and other information you request; (4) solicit information from you, manage your account (if any) and process payment transactions; (5) for internal business purposes; (6) for recruitment purposes and processing of employment applications, such as when the information is provided via an online employment application (even though the Site are not our normal employment application conduit); (7) administer a contest, promotion, survey or other Site feature. In addition, Website Usage Information we collect may be used for a number of purposes, such as system administration, to help us understand the demographics of visitors to the Site, to enhance the performance and usefulness of the Site, and to audit use of the Site.
3. Sharing of Personal Information with Third Parties. We may share Personal Information with third parties under various circumstances. These include, for example:
(a) When You Request Information from or Provide Information to Third Parties. You may be presented with an option on the Site to receive certain information or marketing offers directly from third parties, or to have us send certain information to third parties, or give them access to it. In those instances, your Personal Information and other information may be disclosed to third parties and all the information you disclose will be subject to the privacy policies and practices of such third parties. In addition, third parties may store, collect, or otherwise have access to your information when you interact with their tracking technologies, content, tools, apps, or ads on the Site or link to them from our posting or content sharing tools. We are not responsible for the privacy policies and practices of such third parties and therefore you should review their privacy policies prior to requesting information from or otherwise interacting with them.
(b) Third Parties Providing Services on Our Behalf. We may share Personal Information with third parties who perform services on our behalf. This includes, without limitation, third parties that: host the Site; operate certain functions or features of the Site; archive data; send communications; analyze data; and provide other services or functions on our behalf, including credit card processing, business analytics, customer service, marketing, distribution of surveys or contests, employment or hiring-related activities, data security functions, and fraud prevention.
(c) Affiliates, Business Transfers and Corporate Changes. We reserve the right to share Personal Information with our affiliates and in connection with a corporate divestiture, merger, consolidation, or restructuring, the sale of substantially all of our ownership interests and/or assets, or other corporate change, including, without limitation, during the course of any due diligence process or in the event of bankruptcy, insolvency, or dissolution.
(d) Administrative and Legal Reasons. We may also disclose and transfer Personal Information to third parties: (i) in the event we are required to do so to satisfy an applicable law or regulation, to respond to a court order, subpoena, discovery request, or other legal process, or if in our good faith opinion such disclosure is required by law; (ii) at the request of governmental authorities conducting an audit, investigation or other inquiry; (iii) to verify or enforce compliance with other agreements or policies governing the Site, or applicable laws, rules, and regulations; or (iv) whenever we believe disclosure is necessary to limit our legal liability or to protect or enforce the rights, interests, or safety of our company, customers or the Site, its users or other third parties; and in connection with our Terms of Use and other agreements. We also reserve the right to investigate, prevent, or take action regarding illegal or suspected illegal activities and to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful.
(e) Sweepstakes, Contests and Promotions. We may offer sweepstakes, contests, and promotions (any, a “Promotion”) through the Site that may require registration. By participating in a Promotion, you are agreeing to official rules that govern it, which may contain specific requirements of you, such as, allowing the Promotion sponsor to use your name, voice and likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of the Promotion, including in connection with winner selection, prize fulfillment and as required by law or permitted by the official rules, such as on a winners list.
(f) Sharing of Non-Personal Information. We may also share non-personally identifiable information, such as Website Usage Information, aggregated user statistics, and anonymous information derived from Personal Information (e.g., de-identified user information), with third parties for any purpose.
In addition, we may share information we have collected about you, including Personal Information, as disclosed at the time you provide the information or as otherwise described in this Website Privacy Statement.
4. User Generated Content.
The Site may permit you to submit ideas, photographs, data, music, video, audio recordings, user profiles, graphics, questions, comments, suggestions, or other content, including Personal Information (collectively, “User Content”), such as on blogs, message boards and forms. We or others may store, display, reproduce, publish, distribute, or otherwise use User Content online or offline in any media or format currently existing or hereafter developed and may or may not attribute it to you. Others may have access to this User Content and may have the ability to share it with third parties. Please think carefully before deciding what information you share, including Personal Information, as User Content. Please note that, in such circumstances, we do not control who will have access to the information that you choose to submit, and we cannot ensure that parties who have access to it will respect your privacy or keep it secure. We are not responsible for the accuracy, use or misuse of any User Content that is received from third parties through the Site.
5. Third Party Content and Links on the Site.
The Site may contain content that is supplied by third parties and those third parties may collect Usage Information when pages from the Site are served to you. In addition, when you are on the Site you may be directed to other sites operated and controlled by third parties that we do not control. We are not responsible for the data collection and privacy practices used by any of these third parties or their sites and they may be tracking you across multiple sites and sharing the results with us and/or others. We encourage you to note when you leave our Site and to review the third-party privacy policies of all third-party locations and exercise caution in connection with them.
6. Security.
We use commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission, or electronic storage of information can be guaranteed to be completely secure. Please consider this prior to submitting Personal Information to us via the Site.
7. Changes to the Website Privacy Statement.
We reserve the right to change this Website Privacy Statement at any time without notice to you. Any changes will be effective immediately upon the posting of the revised Website Privacy Statement. However, we will not use previously collected Personal Information in a manner materially different than represented at the time it was collected without your consent.
8. Severability.
To the extent any provision of this Website Privacy Statement is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.
9. Contact Us; Questions.
If you have questions about these Sites or this Website Privacy Statement you may contact us via:
Backyard Farms, LLC
c/o Mastronardi Produce Limited
2100 Road 4 East
Kingsville, Ontario N9Y 2E5
Canada
Customer Service: 1-844-GROWN-4-U (1-844-476-9648)
privacy@sunsetgrown.com