Privacy policy

Privacy Policy

Last Updated: January 31,2025

Introduction

This Privacy Policy (“Policy”) explains how Pistil Home & Garden LLC (“PHG,” “we,” “us,” or “our”) collects, uses, shares, and processes information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, as defined by applicable privacy laws (“Personal Information”) when you use or access PHG’s website to which this Policy is linked (the “Site”); contact us, including via any written, electronic, and oral communications, online or offline; or place an order or otherwise make a purchase from us (collectively, the “Services”). Personal Information does not include data that has been effectively irreversibly anonymized or aggregated so that it can no longer enable us or others, whether in combination with other information or otherwise, to identify an individual.

By accessing and using the Services or otherwise providing information to us, you have consented to the terms of this Privacy Policy, and consent to our privacy practices described herein including our use and disclosure of your Personal Information. If you do not agree to the terms and conditions of this Privacy Policy, then please do not provide us with your Personal Information. Please note, however, that if you choose to limit the Personal Information that you provide to us while using the Services, you may not be able to use or participate in certain features of the Services.

Policy Modification: We may change this Policy from time to time, to reflect how we process your data, and if we make changes, we will revise the effective date or last modified date at the top of this Policy. If we make changes that materially affect your privacy rights, we will attempt to provide advanced notice (in nearly contemporaneous disclosures) or otherwise via the Services or by some other means of contact so that you have a reasonable opportunity to review the changes before you continue to use the Services.If you do not agree with a future, modified version of this Policy, then please stop using the Services and the Services at such future time.

1. How We Collect and Use Your Personal Information

We collect certain Personal Information when you use the Services.Your Personal Information is collected and used by us to support various business purposes. The purposes and types of information we collect are listed in the chart below and should be understood to include uses of your Personal Information that are compatible with the purposes listed.

During your use of the Services, we collect Personal Information in various ways, including

• Directly from you when you provide it to us; and
• Automatically as you use the Services.

1. Information Provided by You

We may collect the following types of Personal Information and other information directly from you when you use the Services, for example to make a purchase, fill in contact forms on the Services, or communicate with our team.We may collect the following types of Personal Information:

• Registration Information. We collect information on you in order to set up an account or make a purchase. This may include your name, postal address, email address, phone number, login name and password;
• Payment information. When you add a credit card or payment method to your account, a third party that handles payments for us will receive your card information. To keep your financial data secure, we do not store full credit card information on our servers; such information is securely processed and stored by Lightspeed,30
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• our payment processor. For more information on Shopify’s privacy practices, please visit: https://www.shopify.com/legal/privacy.
• Information in Customer Records, including name, postal address, phone number and customer ID, and transaction details, including return and refund details, any gift card number, and order history.
• Location Data, including an IP address-based level for assisting with fulfillment of orders.
• Your Communications with Us, including communications via email, phone, text messaging, social media, regular mail, instant chat, the Services, or other customer service platform.

Please note: When communicating with us (whether by text message, email, or through the Services or other means), please do not send us any sensitive information pertaining to yourself or others. We do not intend to collect or store sensitive information or special categories of information.

1. Information Automatically Collected by the Services
   1. 1.2.1.As you navigate through and interact with the Site, we may use cookies, tags, web pixels, and similar automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns.
      • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of the Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Site.
      • Web Beacons. Pages of the Site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
   2. 1.2.2.Information collected via these technologies may include:
      • Usage Details. Details of your visits to the Site, including traffic data, generalized location data, logs, other communication data, and the resources that you access and use on the Site.
      • Device Information. Information about your computer or mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number.
      • Location Information. Real-time information about the location of your device. You may be able to adjust the settings of your device so that information about your physical location is not sent to us or third parties by changing the relevant preferences and permissions in your device or browser settings, such as by (a) disabling location services within the device settings; or (b) denying certain websites or mobile applications permission to access location information.
   3. 1.2.3.This information may be used in connection with:
      • Analytics & Optimization.Collection of this information helps us to deliver a better and more personalized service, including by: (i) enabling us to estimate our audience size and usage patterns; (ii) storing information about your preferences to customize the Site to your individual interests; (iii) speeding up your searches; and (iv) recognizing you when you return to the Site.We may use third-party service providers to monitor and analyze the use of the Site, such as Google Analytics.Such service providers often have their own separate privacy practices.
      • Security.Collection of this information helps us to maintain the security of the Site.

1. Purpose of Collection

We may process your Personal Information for the following purposes:

• Provide the Services. We may use your Personal Information to provide the Services and any other services you may request from us.
• Monitor the Services. We collect your Personal Information for monitoring purposes to help us diagnose problems with our servers, administer and troubleshoot the Services, calculate usage levels, analyze industry standards, and analyze transactions, trends, and statistics regarding the use of the Services.
• Respond to Inquiries and Fulfill Requests.We may use your Personal Information to respond to your inquiries and to fulfill your requests for information.
• Communicate with You.We may use your Personal Information to send you marketing information about the Services, special promotions, and other items that may be of interest to you.
• Improve the Services.We may use your Personal Information to make the Services more stable and user-friendly, to analyze service issues, improve the design and content of the Services, personalize your experience, analyze how the Services is used, offer new services, and to develop new marketing programs relating to the Services.
• Customer Service. We may use your Personal Information when contacting you regarding customer service, the Services, or in response when you provide feedback. We may also use your information to send administrative emails regarding the Services or to inform you of any changes to this Privacy Policy, our Terms, or our third-party partner’s Terms.
• Support Business Operations. We may use your Personal Information to support our internal and business operations, including marketing, security, and advertising.
• Enforce Agreements. We may use your Personal Information to enforce separate agreements between you and us, enforce this Privacy Policy, our Terms of Service, or our third-party partner’s terms, or in connection with a transaction with a similar effect.
• Fulfill Other Purposes. We may use your Personal Information to fulfill: (a) any other purpose for which you provide it; (b) any legal or regulatory requirements and any of our internal policies; (c) other purposes disclosed at the time of collection; (d) any other purpose with your consent; and (e) any other purposes set forth in this Privacy Policy.

1. Sharing Your Personal Information

We may disclose and share your Personal Information with other parties as described below.

• Service Providers & Contractors: We may share your information with third-party service providers who assist us in operating our website, conducting our business, or serving you. These service providers are obligated to protect your information and use it only for the purposes for which it was provided.
• Financial institutions and payment processors. We may disclose certain Personal Information to financial partners as necessary to fulfill your order
• Analytics & Advertising Partners. We may share Personal Information, including without limitation your contact information, with entities that perform marketing or data aggregation services on our behalf, or with which we or an affiliate has joint marketing arrangements.We may share Personal Information, including without limitation your device information, location, usage data, and IP address, to analytics-based technologies to assist with personalization, advertising, and marketing.
• In the Event of Merger, Sale, Divestitures, or Change of Control. We reserve the right to transfer Personal Information to a buyer or other successor in interest that acquires rights to that information as a result of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of us or substantially all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about you is among the assets transferred.
• With Your Consent. We may share your Personal Information for other purposes pursuant to your consent or at your direction.
• Other Disclosures. We may disclose Personal Information if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) conform to legal requirements and comply with any court order, law, or legal process, including responding to any government, law enforcement, or regulatory request; (ii) enforce our agreements, including between you and us, and any other documents included or referenced therein (all of which are incorporated into and made a part of this Policy by reference); (iii) fulfill the purpose for which you provide it; (iv) detect, prevent, or otherwise address fraud or security issues; or (v) protect against harm to our, your, or third parties’ rights, property, or safety.

1. Your Choices

Your browser may provide you with the option to refuse some or all browser cookies, or to remove cookies from your browser. You can exercise your preferences in relation to cookies on the Site by taking steps outlined below.

• First-Party Cookies. You can use the browser with which you are viewing the Site to enable, disable or delete cookies. To do this, follow the instructions provided by your browser (usually located within the "Help", "Tools" or "Edit" settings). Please note, if you set your browser to disable cookies, you may not be able to access certain secure areas of the Site.Also, if you disable cookies, other parts of the Site may not work properly. You can find more information about how to change your browser cookie settings at https://www.allaboutcookies.org .

• Third-Party Cookies. If you wish to opt in or opt out of third-party advertising networks and similar entities that use advertising cookies, then please visit https://www.aboutads.info/choices. For more information about third-party advertising networks and similar entities that use these technologies, please see https://www.aboutads.info/consumers.

• DNT Signals.Some browsers have a “Do Not Track” (DNT) feature that lets you tell websites and online services that you do not want to have your online activities tracked. The initiative, however, has not reached a consensus as to exactly what technical or other actions those parties receiving the signal should take. As such, we do not monitor or respond to DNT browser signals.If a standard is adopted that we must follow in the future, then we will inform you about that practice in a revised version of this Policy.
• Unsubscribing from Marketing Communications. If you do not want us to use your email account to send you marketing emails or non-transactional promotional materials, please directly click on the unsubscribe link at the bottom of any of our email messages to you.

1. Security Precautions

We take the security of your Personal Information seriously and have implemented appropriate technical and organizational measures to protect it from unauthorized access, disclosure, or destruction. While we implement these measures, please note that 100% security is not possible, and we cannot guarantee that the security measures we have in place to safeguard Personal Information will never be defeated or fail, or that those measures will always be sufficient or effective.

1. Retention

We may retain your Personal Information, including any correspondence you have with us, only for as long as is necessary for the purposes set out in this Policy, including retaining Personal Information to comply with our legal obligations, to resolve disputes, for information security purposes, and to enforce our legal rights, terms, or policies.

1. Third-Party Websites

The Services may contain links to third-party sites or apps, or vice versa. This Policy does not apply to those third-party sites or apps. We recommend that you read the privacy statements of any other sites or apps that you visit, as we are not responsible for the privacy practices of those sites or apps.

1. Children

The Services are not directed to, and we do not knowingly collect Personal Information from, children under the age of 13 or minors (as defined by applicable laws). If you are a minor, please do not attempt to fill out our forms or send any Personal Information about yourself to us. If a minor has provided us with Personal Information without parental or guardian consent, the parent or guardian should contact us immediately to remove the relevant Personal Information and unsubscribe the minor.If we become aware that a minor has provided us with Personal Information, we will take steps to promptly delete such information from our files.

1. Extraterritorial Transfers of Personal Information

The Services are hosted in the United States.Please also note that if you are providing data or using the Services from outside of the U.S., your Personal Information will be accessed and transferred to the United States. The United States may have data protection laws that are less protective than the laws of the jurisdiction in which you reside.For such data transfers, we rely on your consent.If you do not want your information transferred to, processed, accessed, or maintained in the United States, then you should immediately cease accessing the Services and using the Services.

1. Contact Us

If you have any questions or concerns regarding any privacy-related information included in, or omitted from, this Privacy Policy, then please contact us.You may submit any privacy-related inquiries or complaints to us via email at [insert email].