PRIVACY POLICY
PRIVACY POLICY
Last Updated: December 11, 2024
10&8 Partners LLC, including its parent, affiliated, and subsidiary companies, (collectively, “COMPANY,” “our,” “we” or “us”), is a leading provider of retail tree and plant products at our various locations in the United States. We respect your privacy. We created this Privacy Policy to help you become familiar with how we collect, use, disclose, share, and protect Personal Data (defined below) and otherwise comply with applicable consumer privacy laws, including the choices we offer with respect to your Personal Data. We encourage you to read this Privacy Policy in full before using www.golfnutapp.com or any other COMPANY website (collectively, the “Website” or “Websites”), or any other online service (e.g., mobile apps) that posts a link to this Privacy Policy, opening our emails or otherwise submitting Personal Data to us (collectively, the “Service” or our “Services”).
This policy also explains the rights of California residents regarding the collection, use, sale, and sharing of their personal information under the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020 (CPRA). We may update and make changes to this policy, so we encourage you to review it periodically.
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Key Terms.It would be helpful to start by explaining some key terms used in this policy:
We, us, our
10&8 Partners LLC and any affiliates and/or subsidiaries.
Personal information
Any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked with a particular consumer or household.
Sensitive personal information
Personal information revealing a consumer’s social security number, driver’s license and passport numbers, account numbers and credentials, precise geolocation, racial or ethnic origin, religious beliefs, or union membership, personal information concerning a consumer’s health, sex life, or sexual orientation, contents of a consumer’s mail, email and text messages where the business is not the intended recipient, genetic data, biometric information, and citizenship or immigration status.
Biometric Information
An individual’s physiological, biological, or behavioral characteristics, including information about an individual’s deoxyribonucleic acid (DNA), that is used or is intended to be used singly or with each other or with other identifying data, to establish individual identity. Biometric information includes, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information.
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Personal Information We Collect AboutYou. In the preceding 12 months, we have collected the following categories and specific types of consumer personal information:
Categories of Personal Information Specific Types of Personal Information Collected dentifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers)
Name, title, addresses, email addresses, telephone numbers, facsimile number, and IP address
Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, their name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Payment card information, financial account information, purchases, special requests, delivery details, and communications you have with us.
Characteristics of protected classifications under California or federal law
Age
Commercial information (e.g., records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies)
None
Biometric information
None
Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer’s interaction with an Internet Website, application, or advertisement)
None
Geolocation data
Yes
Audio, electronic, visual, thermal, olfactory, or similar information
Video and audio
Professional or employment-related information
None
Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (FERPA)
None
Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes
Information we collect about you while you use our Websites such as the pages, services, or areas of our Websites that you visit, your location, or which link has brought you to our Website. This information may be identifiable to you if you register at our Website.
Usage Information may include IP address, device identifier, browser type, operating system, information about your use of the Service, the device you use, the web page you visited before coming to our sites, and identifiers associated with your devices and you (depending on their settings) may also transmit location information to the Service.
The methods that may be used on the Services to collect Usage Information include cookies, web beacons (also known as “tracking pixels”), embedded scripts, location-identifying technologies, device recognition technologies, in-app tracking methods, device and activity monitoring and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect information about interactions with the Website or e-mails, including information about your browsing and purchasing behavior. Such Tracking Technologies may include:
Cookies:We use “cookies” to store specific information about you. A “cookie” is a small text file that is sent to your browser and stored on your device, such as session ID cookies or tracking cookies. Tracking cookies remain longer and help in understanding how you use the Services and enhance your user experience. Cookies may remain on your hard drive for an extended period of time. If you use your browser’s method of blocking or removing cookies, some but not all types of cookies may be deleted and/or blocked and as a result, some features, and functionalities of the Services may not work.
Web Beacons (“Tracking Pixels”):Web beacons are small graphic images, also known as “Internet tags” or “clear gifs,” embedded in web pages and e-mail messages. Web beacons may be used, without limitation, to count the number of visitors to the Service, to monitor how users navigate the Service, and to count content views.
Embedded Scripts:An embedded script is programming code designed to collect information about your interactions with the Service. They are temporarily downloaded onto your computer from MVN’s web server, or from a third party with which MVN works and are active only while you are connected to the Service and deleted or deactivated thereafter.
Device Recognition Technologies:Device Recognition Technologies, including application of statistical probability to data sets, as well as linking a common unique identifier to different device use (e.g., Facebook ID), attempt to recognize or make assumptions about users and devices to identify a user across devices (e.g., that a user of multiple devices is the same user or household) (“Cross-device Data”).
Device and Activity Monitoring:Such technologies may monitor, and may record, certain interactions with the Service, including without limitation, keystrokes, and/or collect and analyze information from your device, such as, without limitation, your operating system, plug-ins, system fonts, and other data, for purposes such as identification, security, fraud prevention, troubleshooting, tracking and/or improving the Services and customizing or optimizing your experience on the Services.
Some information about your use of the Service and certain other online websites may be collected using Tracking Technologies across time and Services and used by us and third parties for purposes such as to associate different devices you use and deliver relevant ads and/or other content to you on the Website and certain other online websites, in accordance with applicable data protection laws.
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How Your Personal Information is Collected. We collect most of this personal information directly from you at the www.golfnutapp.com or on the mobile application itself. However, we may also collect information from the following categories of sources:
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Publicly accessible sources (e.g., property records);
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Third party (e.g., sanctions screening providers, credit reporting agencies, customer due diligence providers, advertising networks, internet service providers, social networks, data analytics providers, government entities, and data brokers);
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Third party with your consent (e.g., your bank);
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Cookies on our website;
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Automated information collection;
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Our IT systems, including:
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Automated monitoring of our websites and other technical systems, such as our computer networks and connections, email and instant messaging systems; and
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Why We Use Your Personal Information.We collect and share consumer personal information for the following business purposes:
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Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards;
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Helping to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for these purposes;
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Debugging to identify and repair errors that impair existing intended functionality;
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Short-term, transient use, including, but not limited to, non-personalized advertising shown as part of a consumer’s current interaction with the business, provided the consumer’s personal information is not disclosed to another third party and is not used to build a profile about the consumer or otherwise alter the consumer’s experience outside the current interaction with the business;
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Performing services on behalf of the business, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of the business or service provider;
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Providing advertising and marketing services, except for cross-context behavioral advertising, to the consumer;
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Undertaking internal research for technological development and demonstration;
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Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business;
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To comply with our legal and regulatory obligations;
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For the performance of our contract with you or to take steps at your request before entering into a contract;
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For our legitimate interests or those of a third party; or
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Where you have given consent.
A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.
The table below explains what we use (process) your personal information for and our reasons for doing so:
What we use your personal information for Our reasons To provide products and/or services to you
For the performance of our contract with you or to take steps at your request before entering into a contract
To prevent and detect fraud against you or 10&8 Partners LLC
For our legitimate interests or those of a third party, i.e., to minimize fraud that could be damaging for us and for you
Conducting checks to identify our customers and verify their identity
Screening for financial and other sanctions or embargoes
Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business, e.g., under health and safety regulation or rules issued by our professional regulator
To comply with our legal and regulatory obligations
Gathering and providing information required by or relating to audits, enquiries, or investigations by regulatory bodies
To comply with our legal and regulatory obligations
Ensuring business policies are adhered to, e.g., policies covering security and internet use
For our legitimate interests or those of a third party, i.e., to make sure we are following our own internal procedures so we can deliver the best service to you
Operational reasons, such as improving efficiency, training, and quality control
For our legitimate interests or those of a third party, i.e., to be as efficient as we can so we can deliver the best service for you at the best price
Ensuring the confidentiality of commercially sensitive information
For our legitimate interests or those of a third party, i.e., to protect trade secrets and other commercially valuable information
To comply with our legal and regulatory obligations
Statistical analysis to help us manage our business, e.g., in relation to our financial performance, customer base, product range or other efficiency measures
For our legitimate interests or those of a third party, i.e., to be as efficient as we can so we can deliver the best service for you at the best price
Preventing unauthorized access and modifications to systems
For our legitimate interests or those of a third party, i.e., to prevent and detect criminal activity that could be damaging for us and for you
To comply with our legal and regulatory obligations
Updating and enhancing customer records
For the performance of our contract with you or to take steps at your request before entering into a contract
To comply with our legal and regulatory obligations
For our legitimate interests or those of a third party, e.g., making sure that we can keep in touch with our customers about existing orders and new products
Statutory returns
To comply with our legal and regulatory obligations
Ensuring safe working practices, staff administration and assessments
To comply with our legal and regulatory obligations
For our legitimate interests or those of a third party, e.g., to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you
Marketing our services [and those of selected third parties] to:
—existing and former customers;
—third parties who have previously expressed an interest in our services;
—third parties with whom we have had no previous dealings.
For our legitimate interests or those of a third party, i.e., to promote our business to existing and former customers
Credit reference checks via external credit reference agencies
For our legitimate interests or those of a third party, i.e., to ensure our customers are likely to be able to pay for our products and services
External audits and quality checks, e.g., for accreditations and the audit of our accounts
For our legitimate interests or a those of a third party, i.e., to maintain our accreditations so we can demonstrate we operate at the highest standards
To comply with our legal and regulatory obligations
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Who We Share Your Personal InformationWith. In the preceding 12 months, we have sold or shared consumers’ personal information with:
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Our affiliates, including companies within the 10&8 Parnter’s group;
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Service providers we use to help deliver our [products and/or services] to you, such as payment service providers, warehouses, and delivery companies;
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Other third parties we use to help us run our business, such as marketing agencies or website hosts;
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Third parties approved by you, including social media sites you choose to link your account to or third-party payment providers;
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Credit reporting agencies;
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Our insurers and brokers;
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Our bank[s];
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External auditors;
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Google Analytics / Apple Analyticals
We only allow our service providers to handle your personal information if we are satisfied, they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers, contractors, and third parties to ensure they can only use your personal information to provide services to us and to you.
We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.
We may also need to share some personal information with other parties, such as potential buyers of some or all of our business or during a re-structuring. We will typically anonymize information, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.
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Categories of Personal Information WeSold or Shared.In the preceding 12 months, we have sold or shared the following categories of personal information:
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Identifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers);
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Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, their name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information;
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Characteristics of protected classifications under California or federal law;
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Commercial information (e.g., records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies);
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Biometric information;
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Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer’s interaction with an Internet Website, application, or advertisement);
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Geolocation data;
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Audio, electronic, visual, thermal, olfactory, or similar information;
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Professional or employment-related information;
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Education information, defined as information that is not publicly available personally identifiable information as defined in the FERPA;
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Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; and
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Sensitive personal information
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Categories of Personal Information WeDisclosed for a Business Purpose.In the preceding 12 months, we have disclosed the following categories of personal information for a business purpose:
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Identifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers);
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Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, their name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information;
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Characteristics of protected classifications under California or federal law;
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Commercial information (e.g., records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies);
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Biometric information;
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Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer’s interaction with an Internet Website, application, or advertisement);
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Geolocation data;
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Audio, electronic, visual, thermal, olfactory, or similar information;
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Professional or employment-related information;
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Education information, defined as information that is not publicly available personally identifiable information as defined in the FERPA; and
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Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
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Sensitive personal information
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How Long Your Personal Information Will Be Kept.We will keep your personal information while you have an account with us or while we are providing [products AND/OR services] to you. Thereafter, we will keep your personal information for as long as is necessary:
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To respond to any questions, complaints or claims made by you or on your behalf;
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To show that we treated you fairly; or
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To keep records required by law.
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We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information
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Your Rights Under the CCPA/CPRA.You have the right under the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020 (CPRA), and certain other privacy and data protection laws, as applicable, to exercise free of charge:
Disclosure of Personal Information We Collect About You
You have the right to know, and request disclosure of:
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The categories of personal information we have collected about you, including sensitive personal information;
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The categories of sources from which the personal information is collected;
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Our business or commercial purpose for collecting, selling, or sharing personal information;
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The categories of third parties to whom we disclose personal information, if any; and
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The specific pieces of personal information we have collected about you.
Please note that we are not required to:
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Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
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Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or
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Provide the personal information to you more than twice in a 12-month period.
Disclosure of Personal Information Sold, Shared, or Disclosed for a Business Purpose
In connection with any personal information we may sell, share, or disclose to a third party for a business purpose, you have the right to know:
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The categories of personal information about you that we sold or shared and the categories of third parties to whom the personal information was sold or shared; and
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The categories of personal information that we disclosed about you for a business purpose and the categories of persons to whom the personal information was disclosed for a business purpose.
You have the right to opt-out of the sale of your personal information or sharing of your personal information for targeted behavioral advertising. If you exercise your right to optout of the sale or sharing of your personal information, we will refrain from selling or sharing your personal information, unless you subsequently provide express authorization for the sale or sharing of your personal information.
To opt-out of the sale or sharing of your personal information, click on the Do Not Sell or Share My Personal Information link here:www.golfnutapp.com
Right to Limit Use of Sensitive Personal Information
You have the right to limit the use and disclosure of your sensitive personal information to the use which is necessary to:
Perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services;
To perform the following services: (1) Helping to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for these purposes; (2) Short-term, transient use, including, but not limited to, non- personalized advertising shown as part of a consumer’s current interaction with the business, if the consumer’s personal information is not disclosed to another third party and is not used to build a profile about the consumer or otherwise alter the consumer’s experience outside the current interaction with the business; (3) Performing services on behalf of the business, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of the business; and (4) Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business; and
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As authorized by further regulations.
You have a right to know if your sensitive personal information may be used, or disclosed to a service provider or contractor, for additional, specified purposes.
To limit the use of your sensitive personal information, visit our homepage and click on the “Limit the Use of My Sensitive Personal Information” link here: www.golfnutapp.com
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
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Delete your personal information from our records; and
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Direct any service providers or contractors to delete your personal information from their records.
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Direct third parties to whom the business has sold or shared your personal information to delete your personal information unless this proves impossible or involves disproportionate effort.
Please note that we may not delete your personal information if it is reasonably necessary to:
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Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
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Help to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for those purposes;
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Debug to identify and repair errors that impair existing intended functionality;
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Exercise free speech, ensure the right of another consumer to exercise their right of free speech, or exercise another right provided for by law;
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Comply with the California Electronic Communications Privacy Act;
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Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
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Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
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Comply with an existing legal obligation; or
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Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Right of Correction
If we maintain inaccurate personal information about you, you have the right to request us to correct that inaccurate personal information. Upon receipt of a verifiable request from you, we will use commercially reasonable efforts to correct the inaccurate personal information.
Protection Against Retaliation
You have the right to not be retaliated against by us because you exercised any of your rights under the CCPA/CPRA. This means we cannot, among other things:
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Deny goods or services to you;
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Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
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Provide a different level or quality of goods or services to you; or
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Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Please note that we may charge a different price or rate or provide a different level or quality of [goods and/or services] to you, if that difference is reasonably related to the value provided to our business by your personal information. We may also offer loyalty, rewards, premium features, discounts, or club card programs consistent with these rights or payments as compensation, for the collection of personal information, the sale of personal information, or the retention of personal information.
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How to Exercise Your Rights.If you would like to exercise any of your rights as described in this Privacy Policy, you can do so here: www.golfnutapp.com You may also email us at or mailing us at 1182 Pestana Avenue Manteca, CA 95336
Please note that you may only make a CCPA/CPRA-related data access or data portability disclosure request twice within a 12-month period.