PRIVACY POLICY

BETTERFUL | 05.02.24

PRIVACY NOTICE

ACM Permanent Crops, LLC, d/b/a betterful (“betterful,” “we,” “us,” or “our”) values the trust you place in us when you use our affiliated websites and online services (collectively, our “Websites”). This Privacy Policy describes our collection, use, disclosure, and retention of information we collect from or about you. This Privacy Policy applies to our Websites that post or link to it, regardless of how you access or use them, including through mobile devices.

BY USING OUR WEBSITES, YOU ARE ACCEPTING THE TERMS OF THIS PRIVACY POLICY AND YOU ARE CONSENTING TO OUR COLLECTION, USE, DISCLOSURE, AND RETENTION OF INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.

If you do not agree to the terms of this Privacy Policy, please do not use our Websites. We may make changes to this Privacy Policy from time to time. We will post any changes to our Websites. Your continued use of our Websites following the posting of any changes will mean you accept those changes.

This Privacy Policy does not apply to information that you may submit to us offline, or to third-party websites or mobile applications that may link to the Websites or be linked to on the Websites. We are not responsible for the actions or privacy practices of third-party websites and applications; please consult those websites and applications directly to understand their privacy practices.

INFORMATION WE COLLECT ABOUT YOU

We collect, process, and retain information from you and any devices you may use when you use or interact with our Websites, and in other ways described below.

Information You Give Us: We receive and store information provided to our Websites or given to us in any other way, including your name, shipping address, phone number, email address, payment information, photo, and information about your store and teammates.

Information We Automatically Collect: We receive and store certain types of information whenever you use our Websites. Our Websites may use “cookies,” tagging and other tracking technologies to help enable us to enhance or personalize your online experience. This information includes computer and connection information such as statistics on your page views, traffic to and from our Websites, referral URL, ad data, your IP address, general location, device identifiers, transaction history, and your web log information.

Location Information: When you visit our Websites, we may receive information about the specific location of your device, including a unique identifier for your device. Location information allows us to provide location-based services, such as advertising, search results, and other personalized content. We will only collect precise geo-location information with your consent; however, some services or features may not function properly without this information. See the Your Choices section below for more information.

Information From Social Media: When you interact with us or our Websites on a social media platform, we may collect the personal information that you make available to us, including your account ID, username, and other information included in your posts.

Information From Other Sources: We may supplement the information we collect with information offline or from third parties. This Privacy Policy does not apply to this other information.

HOW WE USE INFORMATION WE COLLECT FROM OR ABOUT YOU

We use the information we collect from or about you to help us personalize and continually improve your experience on the Websites, including providing our products or services, responding to requests for information, analyzing and compiling trends and statistics, and communicating with you. For information about how to manage information about you and the choices you have, see the Your Choices section below.

We also may use information about you to: provide, maintain, and improve the Websites and for internal or other business purposes; fulfill your requests for information; communicate with you; detect, investigate, and prevent activities that may violate our policies or be fraudulent or illegal; optimize, perform analysis, or improve our Websites, products, and operations; provide and ship the products that you order; provide customer support; send you offers or other communications about our products, such as special or promotional events; administer contests, sweepstakes, promotions, and surveys; and post user generated content provided by users.

We may use the information from one portion of the Websites on other portions of the Websites, and we may combine information gathered from multiple portions of the Websites. We also may use or combine information that we collect offline or we collect or receive from third-party sources for many reasons, including to enhance, expand, and check the accuracy of our records. Additionally, information collected from a particular browser or device may be used with another computer or device that is linked to the browser or device on which such information was collected.

We may retain information we collect from or about you for as long as reasonably required to satisfy the purposes for which we have collected the information, or as required by law, whichever is longer. This means we will retain information about you both while you are an active user of our Websites and after you cease to be an active user.

HOW WE SHARE YOUR INFORMATION WITH OTHERS

We share information we collect from or about you with our affiliates. We may also share information from or about you with third parties as described below. In addition, we may share information that does not personally identify you, such as aggregate information, de-identified information, device identifiers, or other unique identifiers with third parties. For information about how to manage information about you and the choices you have related to this sharing, see the Your Choices section below.

Third-Party Service Providers: We engage third-party service providers to perform functions on our behalf such as hosting, content management, technical integration, marketing, analytics, customer service, fraud protection, payment processing, fulfillment and shipping. These third parties may have access to information about you when needed to perform their functions.

Business Partners: We may share information that personally identifies you with business partners who provide products and services that we think you may be interested in.

Sale, Assignment or Change of Control: We may change our ownership or corporate organization while providing the Websites. We may transfer information about you in connection with, or during negotiations of, any merger, acquisition, sale of assets, or any line of business, change in ownership control, or financing transaction. Under such circumstances, we will request the acquiring party to follow the practices described in this Privacy Policy with respect to previously collected information. Nevertheless, we cannot promise that an acquiring party or the merged entity will have the same privacy practices or treat information about you in the same way as described in this Privacy Policy.

Law Enforcement, Legal Process, and Emergency Situations: We may also use or disclose information we collect from or about you if required to do so by law or on the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or our Websites; (b) protect and defend our rights or property, the Websites, or our users; (c) respond to a third party that alleges that you have infringed their intellectual property rights; or (d) act to protect the personal safety of us, users of the Websites, or the public.

Public Areas, Interactive Features and Activities: Please remember that any information you share in public areas or on social sharing features, becomes public and anyone may take and use that information. Please be careful about what you disclose and do not post any information or photos that you expect to keep private. Please consult the applicable guidelines, if any, for use of these features. We cannot control who views information that you post in public areas of the Websites and are not responsible for how third parties, including other users may use or disclose information that you post or otherwise share with other users or third parties.

COOKIES AND OTHER TRACKING TECHNOLOGIES

Like many websites, we use tracking technologies such as cookies, web beacons, and similar technologies to record your preferences, track the use of our Websites, and measure exposure to our online advertisements. We may also use these technologies to monitor traffic, improve the Websites, and make it easier to use and more relevant. Most web browsers automatically accept cookies but, if you prefer, you can usually modify your browser setting to disable or reject cookies. In addition, you may also render some web beacons unusable by rejecting or removing their associated cookies. If you delete your cookies or if you set your browser to decline cookies, some features of the Websites may not work or may not work as designed.

We use third-party analytics services on the Websites, including Google Analytics. These analytics service providers use cookies or other tracking technologies to help us analyze how users interact with and use our Websites, compile reports about activity on Websites, and provide us other services. The technologies may collect information such as your IP address, time of visit, whether you are a return visitor, any referring website, and other information. We do not use these analytics service providers to gather information that personally identifies you. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt out of tracking of analytics by Google click here.

We work with third-party companies who provide advertisements on our Websites and other third-party websites. These third parties may use these technologies to collect information about you when you use the Websites. They may collect information about your online activities over time and across different websites and other online services. They may also use persistent identifiers to track your Internet usage across other websites in their networks beyond our Websites. They may use this information to provide you with interest-based advertising or other targeted content. We do not knowingly provide these entities with information that personally identifies you. However, such third parties may have sufficient data from other sources to be able to personally identify you. Some content, applications, and advertisements on the Websites may be served by unaffiliated third parties. We do not control these third parties’ tracking technologies or how they may be used. We are not responsible for the content or privacy practices on any website not operated by us to which our Websites links or that links to our Websites.

Your browser or device may include “Do Not Track” functionality. Our information collection, disclosure practices, and the choices that we provide, will continue to operate as described in this Privacy Policy, whether or not a Do Not Track signal is received.

YOUR CHOICES ABOUT HOW INFORMATION ABOUT YOU IS USED AND SHARED

In many instances, you have choices about the information you provide and how we use that information. These choices are described below.

Marketing Emails: By providing us with an e-mail address, you acknowledge that we may use your e-mail address to communicate with you. While you cannot opt-out of receiving notifications and other service-related communications regarding your account or your transactions, you can opt-out of receiving promotional and other marketing emails from us by using the “unsubscribe” feature in our marketing e-mails.

Third-Party Business Partners: You can opt out of the information we share with third-party business partners for their own marketing purposes by sending us an email at info@eatbetterful.com and include “Opt-out of business partner marketing” in the subject line.

Precise Location Information: Most mobile devices allow you to control or disable the use of precise location services by any application on your mobile device through the device’s settings menu.

Interest-Based Advertising Choices: You also have choices related to interest-based advertising. Many browsers automatically accept cookies, but you can usually modify your browser’s setting to decline cookies if you prefer. Note that if you choose to remove cookies, you may remove opt-out cookies that affect your advertising preferences.

Many of the third-party advertisers that place tracking tools on our Websites are members of programs that offer you additional choices regarding the use of information about you for advertising. You can learn more about the options available to limit these third parties’ use of your information by visiting the websites for the Network Advertising Initiative, Digital Advertising Alliance, and Facebook. Similarly, you can learn about your options to opt-out of mobile tracking by certain advertising networks through your device settings. For more information about how to change these settings, see the support information for Apple, Android or Windows devices.

Please note that opting-out of participating advertising networks services does not mean that you will not receive advertising while using our Websites or on other websites, nor will it prevent the receipt of interest-based advertising from third parties that do not participate in these industry programs.

OTHER IMPORTANT INFORMATION

Users Under Eighteen: Our Websites are intended for users ages 18 and older only. If we become aware of information in our database that was collected from a child under 18, we will delete such information.

Users Outside of the United States: If you use our Websites outside of the United States, you understand and consent to the transfer of information we collect from or about you to, and the collection, processing, and storage of information about you in, the U.S. and elsewhere. The laws in the U.S. and these countries may be different from the laws of your country.

Users in California

Your California Privacy Rights: If you are a California resident and customer, California law permits you to request certain information regarding the disclosure of your information about you by us and our related companies to third parties for the third parties’ direct marketing purposes. To make such a request, please send your request to info@eatbetterful.com and “California Shine the Light” in the subject line.

California Consumer Privacy Act

The California Consumer Privacy Act (“CCPA”) provides California residents with rights to receive certain disclosures regarding the collection, use, and disclosure of information about them, as well as rights to know/access, correct, delete, and limit disclosure of personal information. You have the right to be free from discrimination based on your exercise of your CCPA rights. To the extent that we collect personal information that is subject to the CCPA, that information, our practices, and your rights are described below.

Notice at Collection Regarding the Categories of Personal Information Collected

You have the right to receive notice of certain information about our data collection, use, and disclosure. The following table summarizes the categories of personal information we collect; the categories of sources of that information; whether we disclose, sell, or share that information to service providers or third parties, respectively; and the criteria we use to determine the retention period for such information. The table also summarizes the categories of “sensitive” personal information that we collect, the purposes for which such information is used, and whether we sell or share such information.  The categories we use to describe personal information are those enumerated in the CCPA. We collect this personal information for the purposes described above in “How We Use Information we Collect from or About You.”

CategoryInformation TypeSourceWe disclose to:We sell to/share with:
Identifiers  Contact information or personal characteristics (name; email address; postal address; telephone number; signature)Social media handlesYou; our social media pages; third party subscription service providersService ProvidersBusiness partners  
Financial InformationPayment card dataBank account informationCredit informationYouService ProvidersNot sold/shared
Commercial Information  Transaction information Billing and payment recordsOrder historyYouService ProvidersNot sold/shared
Geolocation InformationPrecise (information that describes location with more precision than ZIP code, e.g., GPS data)Coarse (information that describes location at ZIP code-level or less precision)You; our analytics and advertising partnersService ProvidersAdvertising partners
Internet or Electronic Network Activity InformationIP addressDevice identifier (e.g., MAC)Advertising identifier (e.g., IDFA, AAID)Information provided in URL string (e.g., search keywords)Cookie or tracking pixel informationInformation about your interaction with our website, app, email correspondence, or productsBrowsing historySearch historyDiagnostic information (e.g., crash logs, performance data)You; our analytics  and advertising partnersService ProvidersAdvertising partners
Audio, Electronic, Visual, Thermal, Olfactory, or Similar InformationCall recordings PhotographsYouService ProvidersNot sold/shared
Content of CommunicationsContents of phone calls, emails, or text messagesPhotosYouService ProvidersNot sold/shared

We determine the retention period for each of the categories of personal information listed above based on (1) the length of time we need to retain the information to achieve the business or commercial purpose for which it was obtained, (2) any legal or regulatory requirements applicable to such information, (3) internal operational needs, and (4) any need for the information based on any actual or anticipated investigation or litigation.

Entities to whom we disclose information for business purposes are service providers, which are companies that we engage to conduct activities on our behalf. We restrict service providers from using personal in-formation for any purpose that is not related to our engagement.

Entities to whom we “sell” or with whom we “share” information are third parties. Under the CCPA, a business “sells” personal information when it discloses personal information to a company for monetary or other benefit. A company may be considered a third party either because we disclose personal information to the company for something other than an enumerated business purpose under California law, or because its contract does not restrict it from using personal information for purposes unrelated to the service it provides to us.  A business “shares” personal information when it discloses personal information to a company for purposes of cross-context behavioral advertising.

Your rights under the CCPA

  • Opt out of sale or sharing of personal information: You have the right to opt out of our sale or sharing of your personal information to third parties. To exercise this right, please visit our Do Not Sell or Share My Personal Information webpage or contact us. Your right to opt out does not apply to our disclosure of personal information to service providers.
  • Know and request access to and correction or deletion of personal information: You have the right to request access to personal information collected about you and information regarding the source of that personal information, the purposes for which we collect it, and the third parties and service providers to whom we sell, share, or disclose it. You also have the right to request in certain circumstances that we correct personal information that we have collected about you and to delete personal information that we have collected directly from you. Please contact us to exercise these rights.

Financial incentives

  • We may offer you the opportunity to participate in special promotions and programs from time to time. Your participation is voluntary. If we provide this offer, we will obtain your consent to collect your Personal Information in connection with your participation. The category of Personal Information we collect is Personal Identifiers (including ZIP code), gender, age, and audio and visual information that you share with us, which we use to facilitate your participation in the program and to market to you. If we run the program jointly with a business partner, we may disclose the information to that business partner.
  • You may opt in to the program using the means we present to you, such as an online registration page, at the time we make the offer. You may opt out of the program at any time.
  • The program we offer may qualify as a financial incentive program (FIP) under California law. We are required to explain how the value you receive from FIPs is reasonably related to the value that we receive from the Personal Information you provide to us. We use the Personal Information you provide to market to you, including by sending you direct marketing emails. We disclose the Personal Information you provide to business partners because it gives them an opportunity to find new audiences that may like their products. These activities generate revenue for us that we believe is reasonably related to the benefit you receive from participating in the program. Our good faith estimate of the value of your Personal Information is $1.00. We calculated that value using expenses related to the collection of consumers’ personal information. We believe this value is reasonable because it is based on the average expenses associated with recently run sweepstakes.

Colorado, Connecticut, Utah, and Virginia

Residents of the States of Colorado, Connecticut, Utah, and Virginia have the following rights:

  • Opt out of “sales” of personal information and use of their personal information for “targeted advertising,” as those terms are defined under applicable law. 
  • Opt out of “profiling” under certain circumstances, as defined under applicable law. (Residents of Colorado, Connecticut, and Virginia only.)
  • Confirm processing of and access to personal information under certain circumstances.
  • Correct personal information under certain circumstances. (Residents of Colorado, Connecticut, and Virginia only.)
  • Delete personal information under certain circumstances.

Residents of these states can exercise their rights by contacting us using one of the methods listed below.

Nevada

Residents of the State of Nevada have the right to opt out of the sale of certain pieces of their information to third parties. Currently, we do not engage in such sales. If you are a Nevada resident and would like more information about our data sharing practices, please contact us.

For questions about our Privacy Policy, you can contact us at info@eatbetterful.com.

Making a request to exercise your rights

Submitting requests: You may request to exercise your rights by submitting the form on this page or making a request using the contact information above.

If you are a resident of California, Colorado, or Connecticut, you may, under certain circumstances, authorize another individual or a business, called an authorized agent, to make requests on your behalf. 

We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.

Verification: We must verify your identity before responding to your request. We verify your identity by asking you to provide personal identifiers that we can match against information we may have collected from you previously. We may need to follow up with you to request more information to verify identity.

We will not use personal information we collect in connection with verifying or responding to your request for any purpose other than responding to your request.

Appeals

Residents of California, Colorado, Connecticut, and Virginia have the right to appeal a denial of their request by contacting us as described in the notice of denial.

All rights reserved.