Effective Date: October 21, 2020
Thanks for visiting Johnny Appleseed Organic™ (“Johnny Appleseed Organic”, “we”, “us” or “our”) respects your privacy. When it comes to your personal information, we believe in transparency, not surprises. That’s why we’ve set out here what personal information we collect, what we do with it and your choices and rights.
If you are in California, the “California Residents” section below provides additional information in accordance with the CCPA.
1. Some key terms
3. Personal information we collect
We collect various personal information regarding you or your device. This includes the following:
Information you provide to create an Account, specifically email address, first name and last name. If you make a purchase, we receive a portion of your payment information from our payment processor (such as the last four digits, the country of issuance and the expiration date of the payment card) and we ask you to select your jurisdiction.
Your marketing preferences.
The emails and other communications that you send us or otherwise contribute, such as customer support inquiries.
Information you share with us in connection with surveys, contests or promotions.
Information from your use of the Services. This includes: IP addresses, preferences, web pages you visited prior to coming to our sites, information about your browser, network or device (such as browser type and version, operating system, internet service provider, preference settings, unique device IDs and language and other regional settings), information about how you interact with the Services (such as timestamps, clicks, scrolling, browsing times, searches, transactions, referral pages, load times, and problems you may encounter, such as loading errors).
Information we get from our partners to support our marketing initiatives, improve our Services and better monitor, manage and measure our ad campaigns, such as details about when a partner of ours shows you one of our ads on or via its advertising platform.
Other information you submit to us directly or through Third Party Services if you use a Third Party Service to create an Account (based on your privacy settings with such Third Party Service).
4. How we collect personal information
We obtain personal information from various sources. We do this in three main ways:
You provide some of it directly (such as by registering for an Account).
We record some of it automatically when you use our Services (including with technologies like cookies).
We receive some of it from third parties (like when you register for an account using a Third Party Service or when you make payments to us using our payment processor or via a mobile app store).
We’ve described this in more detail below.
a. Personal information you provide
When you use our Services, we collect information from you in a number of ways. We also maintain your marketing preferences and the emails and other communications that you send us or otherwise contribute, such as customer support inquiries. You might also provide us with information in other ways, including by responding to surveys, submitting a form or participating in contests or similar promotions.
Sometimes we require you to provide us with information for contractual or legal reasons. For example: we ask you to select your jurisdiction when you sign up for make a purchase or sign up for Paid Services to determine if, and how much, tax we need to collect from you. We’ll normally let you know when information is required, and the consequences of failing to provide it. If you do not provide personal information when requested, you may not be able to use our Services if that information is necessary to provide you with the service or if we are legally required to collect it.
b. Personal information obtained from your use of our Services
When you use our Services, we collect information about your activity on and interaction with the Services, such as your IP address(es), your device and browser type, the web page you visited before coming to our sites, what pages on our sites you visit and for how long and identifiers associated with your devices. If you’ve given us permission through your device settings, we may collect your location information in our mobile apps.
c. Personal information obtained from other sources
If you use a Third Party Service (such as Google) to register for an Account, the Third Party Service may provide us with your Third Party Service account information on your behalf, such as your name and email address (we don’t collect or store passwords you use to access Third Party Services). Your privacy settings on the Third Party Service normally control what they share with us. Make sure you are comfortable with what they share by reviewing their privacy policies and, if necessary, modifying your privacy settings directly on the Third Party Service.
5. How we use your personal information
We use the personal information we obtain about you for the following purposes:
Provision of the Services. Create and manage your Account, process payments and respond to your inquiries.
Communicating with you. Communicate with you, including by sending you emails about your transactions and Service-related announcements.
Surveys and contests. Administer surveys, contests and other promotions.
Promotion. Promote our Products and Services and send you tailored marketing communications about products, services, offers, programs and promotions of Johnny Appleseed Organic and our partners and measure the success of those campaigns.
Advertising. Analyze your interactions with our Services and third parties’ online services so we can tailor our advertising to what we think will interest you. For example, we may decide not to advertise our Products or Services to you on a social media site if you already made a purchase or signed up for Paid Services or we may choose to serve you a particular advertisement based on what we think may interest you based on other information we hold about you.
Customizing the Services. Provide you with customized services. For example, we use your location information to determine your language preferences or display accurate date and time information.
Improving our Services. Analyze and learn about how the Services are accessed and used, evaluate and improve our Services (including by developing new products and services and managing our communications) and monitor and measure the effectiveness of our advertising. We usually do this based on anonymous, pseudonymized or aggregated information which does not focus on you individually.
Security. Ensure the security and integrity of our Services.
Third party relationships. Manage our vendor and partner relationships.
Enforcement. Enforce our Terms of Service and other legal terms and policies.
Protection. Protect our and others’ interests, rights and property (e.g., to protect our Users from abuse).
Complying with law. Comply with applicable legal requirements, such as tax and other government regulations and industry standards, contracts and law enforcement requests.
We process your personal information for the above purposes when:
Consent. You have consented to the use of your personal information in a particular way. When you consent, you can change your mind at any time.
Performance of a contract. We need your personal information to provide you with services and products requested by you, or to respond to your inquiries. In other words, so we can perform our contract with you or take steps at your request before entering into one. For example, we need your email address in order to add you to our subscription newsletter service and to send product purchase confirmations and tracking information.
Legal obligation. We have a legal obligation to use your personal information, such as to comply with applicable tax and other government regulations or to comply with a court order or binding law enforcement request.
Legitimate interests. We have a legitimate interest in using your personal information. In particular, we have a legitimate interest in the following cases:
To operate the Johnny Appleseed Organic business and provide you with tailored advertising and communications to develop and promote our business.
To analyze and improve the safety and security of our Services - we do this as it is necessary to pursue our legitimate interests in ensuring the Johnny Appleseed Organic Website is secure, such as by implementing and enhancing security measures and protections and protecting against fraud, spam and abuse.
To provide and improve the Services, including any personalized services - we do this as it is necessary to pursue our legitimate interests of providing an innovative and tailored offering to our Users on a sustained basis.
To comply with a court order or binding law enforcement request.
To anonymize and subsequently use anonymized information.
Protecting you and others. To protect your vital interests, or those of others.
Others’ legitimate interests. Where necessary for the purposes of a third party’s legitimate interests, such as our partners who have a legitimate interest in delivering tailored advertising to you and monitoring and measuring its effectiveness or our Users who have a legitimate interest in having their sites function properly and securely and analyzing the usage of their sites so they can understand trends and improve their services.
6. How we share your personal information
We share personal information in the following ways:
Affiliates. We share personal information with our affiliates when it is reasonably necessary or desirable, such as to help provide services to you or analyze and improve the services we or they provide.
Business partners. We may share personal information with business partners. For example, we may share your personal information when our Services are integrated with their Third Party Services, but only when you have been informed or would otherwise expect such sharing.
Third Party Plugins and Social Networks. We may share personal information with website plugins, social media platforms or similar Third Party Services to improve your experience, at your direction, or when you intentionally interact with the plug-in. For example, when you use a Third Party Service to create or log in to your Account, we may share your personal information with that Third Party Service.
Service providers. We share personal information with our service providers that perform services on our behalf. For example, we may use third parties to help us provide customer support, manage our advertisements on other sites, send marketing and other communications on our behalf or assist with data storage.
Process payments. We transmit your personal information via an encrypted connection to our payment processor.
Following the law or protecting rights and interests. We disclose your personal information if we determine that such disclosure is reasonably necessary to comply with the law, protect our or others’ rights, property or interests (such as enforcing our Terms of Service) or prevent fraud or abuse of johnnyappleseed.com. In particular, we may disclose your personal information in response to lawful requests by public authorities, such as to meet national security or law enforcement requirements.
Advertising. We share personal information with third parties so they and we can provide you with tailored advertising and measure and monitor its effectiveness.
Business Transfers. If we're involved in a reorganization, merger, acquisition or sale of some or all of our assets, your personal information may be transferred as part of that deal or the negotiation of contemplated deals.
7. Your rights and choices
Where applicable law requires (and subject to any relevant exceptions under law), you may have the right to access, update, change or delete personal information.
You can access, update, change or delete personal information either directly in your Account or by contacting us at email@example.com to request the required changes. You can exercise your other rights (including deleting your Account) by contacting us via your Account or at the same email address. Please note that we may need to verify your identity in connection with your requests, and such verification process may, if you do not have access to your Account, require you to provide us with additional information (e.g., government identification). Even if you have access to your Account, we may request additional information if we believe it’s necessary to verify your identity. If we are unable to verify your identity or request, we may not, in accordance with applicable law, be able to fulfill your request.
You can also elect not to receive marketing communications by changing your preferences in your Account or by following the unsubscribe instructions in such communications.
Please note that, for technical reasons, there is likely to be a delay in deleting your personal information from our systems when you ask us to delete it. We also will retain personal information in order to comply with the law, protect our and others’ rights, resolve disputes or enforce our legal terms or policies, to the extent permitted under applicable law.
You may have the right to restrict or object to the processing of your personal information or to exercise a right to data portability under applicable law. You also may have the right to lodge a complaint with a competent supervisory authority, subject to applicable law.
Additionally, if we rely on consent for the processing of your personal information, you have the right to withdraw it at any time and free of charge. When you do so, this will not affect the lawfulness of the processing before your consent withdrawal.
8. How we protect your personal information
We maintain administrative, technical and physical safeguards that are intended to appropriately protect against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse and any other unlawful form of processing, of the personal information in our possession.
9. How we retain your personal information
The precise periods for which we keep your personal information vary depending on the nature of the information and why we need it. Factors we consider in determining these periods include the minimum required retention period prescribed by law or recommended as best practice, the period during which a claim can be made with respect to an agreement or other matter, whether the personal information has been aggregated or pseudonymized, and other relevant criteria. For example, the period we keep your email address is connected to how long your Account is active, while the period for which we keep a support message is based on how long has passed since the last submission in the thread.
Please note that in the course of providing the Services, we collect and maintain aggregated, anonymized or de-personalized information which we may retain indefinitely.
10. California Residents
This Section 13 is only applicable to you if you are a resident of the state of California in the US (“California Residents”) and only applies to personal information for which Johnny Appleseed Organic is a “Business” (as defined in the CCPA), but does not apply to personal information we collect from you in the course of our provision of services to you where you are an employee, owner, director, officer or contractor of a company, partnership, sole proprietorship, non-profit or government agency. It applies to personal information we collect from California Residents on or through our Services and through other means (such as information collected offline or in person).
a. Categories, business and commercial purposes, sources and third parties
Identifiers, such as your name and email address.
Commercial information, such as transaction data.
Financial data, such as partial payment information we receive from our payment processor.
Internet or other network or device activity, such as browsing history.
Location information, such as general information inferred from an IP address.
Sensory information, such as recordings of support calls.
Other information that identifies or can be reasonably associated with you.
We collect personal information directly from you (either directly or through a Third Party Service), automatically through your use of the services, and from third parties such as business partners, service providers, and payment processors.
We collect personal information for the following business purposes: (i) providing the Services (including without limitation maintaining your Account, processing and fulfilling orders, and administering surveys and contests); (ii) providing customer support for the Services; (iii) operating the Services (including without limitation managing third party relationships and enabling usage of our service providers); (iv) communicating with you; (v) customizing the Services; (vi) securing and protecting the Services (including without limitation auditing the Services, bug and fraud detection, debugging and repair of errors and the detection, protection and prosecution of security incidents or illegal activity); (vii) enforcing our terms and policies; (viii) complying with law; (ix) verifying your identity; and (x) other business purposes about which we may notify you from time to time.
We collect personal information for uses that advance our commercial or economic interests such as: (i) promoting surveys and contests; (ii) promoting and advertising the Services; (iii) customizing the Services; (iv) improving our Services; (v) communicating with you about relevant offers from third parties; and (vi) other commercial purposes about which we may notify you from time to time.
b. Your requests
Subject to certain exceptions and restrictions, the CCPA provides California Residents the right to submit requests to a business which has collected their personal information: (i) to provide them with access to the specific pieces and categories of personal information collected by the business about such California Resident, the categories of sources for such information, the business or commercial purposes for collecting such information, and the categories of third parties with which such information was shared; and (ii) to delete such personal information (each, a “California Request”). We need certain types of information so that we can provide our Services to you. If you ask us to delete some or all of your information, you may no longer be able to access or use the Services.
If you are a California Resident, please follow the instructions in the “Your rights and choices” section above to submit California Requests and please make sure you note that you are a California Resident when you do so. California Residents may designate an authorized agent to make California Requests on their behalf. In order to designate an authorized agent to make a California Request on your behalf, you or your agent must provide proof that the agent has been authorized by you to act on your behalf, such as written authorization signed by you authorizing that agent to act on your behalf. We reserve the right to request additional information from you and/or individuals purporting to be authorized agents, such as when we suspect fraud.
c. Do not sell my personal information
California residents may opt out of the "sale" of their personal information. The CCPA broadly defines "sale" in a way that may include allowing third parties to receive certain information such as cookie identifiers, IP addresses and/or browsing behavior to add to a profile about your device, browser or you. Such profiles may enable delivery of interest-based advertising by such third parties within their platform or on other sites.
Depending on how you use the Services, we may share the following categories of information for such interest-based advertising which may be considered a sale (as defined by the CCPA): identification and demographics; device information and identifiers, such as IP address and unique advertising identifiers and cookies; connection and usage information, such as browsing history or app usage; and inference data.
If you would like to opt out of Johnny Appleseed Organic’s use of your information for such purposes (to the extent this is considered a sale), you may do so within the Services.
d. We do not discriminate against you
You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights. Johnny Appleseed Organic does not discriminate against California Residents for exercising their rights.
12. Who is Johnny Appleseed Organic?
When we say “Johnny Appleseed Organic” (or “we”, “us” or “our”), we mean: Johnny Appleseed Orchards, LLC. if you are a resident of or have your principal place of business in the United States of America or any of its territories or possessions (the “US”).
13. How to contact us
Johnny Appleseed Orchards, LLC
Attention: Legal - Privacy
8555 Plummer Road
Jacksonville, FL 32219