Privacy Policy

PRIVACY POLICY

Version 2-1-2023

Grow West® (“Grow West” “we” “us,” or “our”) is committed to safeguarding the information entrusted to us by users of our Website, our employees and our customers (“you,” “your” or “User”).  This Privacy Policy provides you with necessary information about the personal information we collect, how this information may be used by Grow West, your privacy rights and our obligations in accordance with the California Consumer Privacy Act of 2018 (“CCPA”) and the California Privacy Rights Act of 2020 (“CPRA”).

1. PROTECTION OF PERSONAL INFORMATION

Information about Users that is maintained on Grow West’s or Grow West’s provider’s systems is protected using industry standard security measures. In order to secure your Personal Information, access to your data is password-protected, and sensitive data is protected by SSL encryption when it is exchanged with the Website.  However, no security measures are perfect or impenetrable, and Grow West cannot guarantee that the information submitted to, maintained on or transmitted from its systems will be completely secure. Grow West is not responsible for the circumvention of any privacy settings or security measures contained on the Website by any Users or third parties.  Within our organization, we use a reasonable standard of care to store and protect from disclosure any personal information collected using the principles of least-privileged access and by limiting access to personal information and sensitive information to individuals with a ‘need to know’.

2. CHILDREN’S PRIVACY

The Website is not directed at children under 13 years of age, and Grow West does not knowingly collect Personal Information from children under 13 years of age via the Website.  If you believe we have information about a child under 13 through improper means, please notify us at privacy@GrowWest.com.

3. THE INFORMATION GROW WEST COLLECTS

We collect personally identifiable information (“Personal Information”) as necessary to enable us to provide services to you, to manage and operate our business, and to comply with our legal and regulatory obligations.  While not all of the information that we collect from you is personally identifiable, it may be associated with personally identifiable information that you provide us through the Website.  The Personal Information that we may collect on or through the Website, from customer purchases, credit or prepays, applicants for employment, and other Users can include some or all of the following:  (1) a first and last name; (2) a home or other physical address, including street name and name of a city or town; (3) an email address; (4) a telephone number; (5) any other identifier that permits the physical or online contacting of a specific individual; (6) passwords, logins, individual device identifiers, geo-location statistics, check-ins, page views, commercial purchase history, online activity and other information about how you interact with the Website; (7) professional or employment-related information, non-public education information, and inferences drawn from these and other categories of information used to create a consumer profile; and (8) any other information or content you may voluntarily provide. Additionally, Grow West may collect, store and analyze pesticide and adjuvant use and permit data made available from government databases and agronomic data from growers in select programs.

3.1. Special Notification About Conference Calling or Webinars. Webinars offered as a service to Users or customers or services to facilitate conference calls (“Web Conferencing”) are hosted by unaffiliated third-party vendors, and not by us.  These third-party vendors may require users to provide Personal Information including name and email address. Please note that this Personal Information is collected by the vendors and not by Grow West. We encourage you to read the privacy statements of our vendors, which control how such vendors handle Personal Information provided by you to register for Web Conferencing.

3.2.  Employment Candidates. If you are a potential candidate for employment with Grow West, we may also have received professional or employment-related information about you from third parties such as recruiters or external websites. We will use the Personal Information we receive to contact you about a potential opportunity or in evaluating your candidacy.

3.3.  Sensitive Personal Information.   The CPRA defines “sensitive personal information” is further defined as (1) a social security number , drivers license, state identification card or passport number; (2) a user’s account log-in, financial account, debit or credit card number combined with any required security or access code, password or credentials allowing access to an account; (3) a consumer’s precise geolocation; (4) biometric information for the purpose of identifying a user; and (5) a consumer’s genetic data.  At times we may collect sensitive personal information for the purposes of creation and use of a account with Grow West, for the extension and maintenance of credit with Grow West (after receiving your explicit consent); to comply with our legal and regulatory obligations; and/or for the purposes of the prevention or detection of an unlawful act or for preventing fraud.

4. HOW PERSONAL INFORMATION IS COLLECTED

We collect most Personal Information directly from you.

4.1.  List of Sources.  We may also collect Personal Information  from the following: publicly accessible sources; directly from a third party for background checks; a  third party such as a bank, financial institution or advisor, with your consent for the purposes of issuing credit; our intranet if utilizing the Company Wi-Fi, our website, or through the use of Cookies (see 4.1 below for more information); or door entry systems, reception logs closed circuit TV and access systems in use at our facilities.  Lastly, Grow West uses dashboard cameras (“dash cams”) in certain of its commercial vehicles.  Those dash cams may collect and retain information (including personal information) about users such as drivers and passengers of the vehicles, and other individuals such as employees and members of the public whose images may be captured by the dash cams. and/or dash cams.

4.2.  Cookies.  The Website uses cookies and web log files to track usage.  A cookie is a tiny data file that resides on your device web browser that allows us to recognize you when you use the Website using the same web browser. Like the information you enter during account registration, cookie and log file data us used to customize your experience using the Website.  One type of cookie, known as a “persistent” cookie, is set once you have logged in to the Website.  The next time you use the Website, the persistent cookie will allow us to recognize you so you will not need to log in before using the Website.  Another type of cookie, called a “session” cookie, is used to identify a particular session with the Website. Session cookies expire after a short time or when you close the Website.  You can choose to disable cookies, however this will prevent you from utilizing certain functionality of the Website. Grow West does not recognize “do not track” signals.

5. USE OF INFORMATION

Grow West may share Personal Information collected through your use of this Website with its partners and affiliates.

5.1.  Use of Personal Information.  Ways in which we may use your Personal Information are:

    • for business and accounting purposes;
    • to understand your use of the Website and to make improvements to our Website and our other current and future products and services;
    • to register you for online activities such as online ordering, mobile registration, or any other online interactive activities;
    • to respond to specific requests from you;
    • to provide tailored information and features regarding your use of the Website;
    • to provide any necessary notices to you if situations prompt such notification;
    • to administer the Website in general and protect the security or integrity of the Website as necessary;
    • in the case of dash cams, to protect Grow West’s assets and property, to prevent or detect criminal offenses, as evidence in legal matters and claims, to determine whether there has been a breach of health and safety rules, and to augment driver training;
    • to promote and market Grow West and its related sponsors, partners and businesses, and various products and services and to assist in the business planning, marketing, advertising and sales efforts of the foregoing parties; and
    • to ensure compliance with certain terms and conditions and agreements entered between you and Grow West as well as to prevent unauthorized use or disclosure of Content downloaded or otherwise accessed via the Website.

5.2.  Communications And Promotions.  Grow West may communicate with you through email and notices via the Website.  These may include a series of welcome emails which help inform new Users about various features of the Website, emails and confirmations regarding actions taken by you on the Website or orders placed by you through the Website, and notices relating to the proper functioning of the Website or your account.  Grow West may use your Personal Information to send you promotional information, products and services offered by third parties that Grow West feels may be of interest to you.  The Personal Information you provide will allow Grow West to alert you to new developments, features and enhancements, special offers, upgrade opportunities, news and general offers.  We may send Grow West electronic communications via email, including emails sent using a third-party mail distribution service, or via the Website that may contain information regarding third-party products or services; however, this doesn’t mean that we’ve traded your Personal Information to any party.  We will not sell or rent your email address to unaffiliated third parties for their email marketing purposes without your consent.

5.3.  Third Party Use Of Information.  Grow West may share Personal Information with third parties under the following circumstances: (1) at the request of law enforcement or governmental agencies or in connection with a court order, subpoena, government investigation, litigation (including alternative dispute measures) or when otherwise required by law; (2) in the event of a potential sale, merger, acquisition, or similar event relating to Grow West or the Website; (3) working with third-party companies to support or perform various functions of the Website’s technical operation or execute a specific promotion or program; (4) to facilitate your transactions with our third-party partners; (5) to establish, protect or exercise Grow West’s legal or other rights, to defend against a legal claim or as otherwise allowed by law; (6) to protect the rights, property or safety of a user or any other person; and (7) to investigate or prevent a violation by you of any contractual or other relationship with us or the perpetration of any illegal or harmful activity.  Grow West may also disclose aggregated, anonymous data based on information collected from you to business partners.

5.4.  Finance And Credit Matters.  Grow West business customers who seek credit terms, prepay agreements, financing terms, fill agreements or other arrangements by which credit is extended or payment terms including discounts are offered by Grow West are subject to these additional provisions.  We may retain your information in our records for so long as it is needed for the credit and financing decisions above. Your consent remains valid after termination of our relationship with you.  On behalf of your business, you authorize us and our affiliates to collect, use and disclose your personal information, including financial, account or billing information, including tax identification number, social security number, or credit/debit card information; proof of identification, including driver’s license number, or state/national government-issued identification for all of the purposes listed below:

    • To assess your creditworthiness;
    • To verify your identity and service and collect your account;
    • To initiate, maintain and develop our business relationship with you in connection with offering and servicing of products, services and credit;
    • To interact with your third party billing and invoicing system when directed by you; and
    • To monitor your purchasing history.

5.5.  Interaction With Other Services.  The Website may contain links to other applications, websites and services that may not be owned or operated by Grow West. Grow West cannot control, nor are we responsible for, the privacy practices or content of external services and applications.  You access and utilize such content and websites entirely at your own risk and expense.  We encourage you to read the privacy statements of each and every external application, website and or service that collects personally identifiable information from you.  This Privacy Policy applies solely to Personal Information collected on this Website.

6. ADDITIONAL PRIVACY RIGHTS APPLICABLE TO CALIFORNIA RESIDENTS

DISCLOSURE, OPT-OUT

6.1.  Right of Access.  You have the right to access Personal Information which we may collect or retain about you. If requested, we shall provide you with a copy of your Personal Information which we collect as permitted by the CCPA/CPRA.  You also have the right to receive your Personal Information in a structured and commonly used format so that it can be transferred to another entity (“data portability”).

Grow West retains Personal Information in accordance with legally required time frames and limits the retention of sensitive personal information to shortest period necessitated for any business relationship with you.  California residents have the right to submit certain requests relating to their Personal Information, as described below, no more than twice in a 12-month period.

6.2.  Right to Know.  California residents with an established a business relationship with us have the non-waivable right to receive a copy, in a usable format, of your Personal Information.  In accordance with law, Grow West will respond to the request for following types of information within 10 business days of receipt and our full response will be provided within 45 calendar days of receipt, subject to a possible 45-day extension.

    • The categories of and the specific Personal Information we may collect (Section 3);
    • The categories of sources from which we may collect your Personal Information (Section 4);
    • The business purpose(s) for collecting or sharing your Personal Information (Section 5);
    • The categories of Personal Information we may disclose for business purposes (Section 5); and
    • The categories of third parties to whom we may share your Personal Information (Section 5).

6.3.  Right to Opt-Out.  You always have the option to opt-out of having your Personal Information disclosed by Grow West to third parties that are not agents or service providers of Grow West.  Otherwise, Grow West will retain your Personal Information for as long as your account and use of the Website remain active and for a period of time after that in order to provide you with the unique functionality of the Website.  If you would like to opt-out of such further disclosures or direct marketing, please contact us at privacy@growwest.com or use the opt-out link in the Website. The Opt-Out Choices below provide instructions to opt-out of certain direct communications.

Postal Lists – To remove your name and postal address from postal lists that we use for direct marketing purposes, please email us at privacy@growwest.com. or send a letter addressed to us at the address below.

Email – You can opt-out from any email newsletter or commercial email list and prevent the collection of related email response information by our email service providers by using the unsubscribe link at the bottom of each message.  If you no longer want to receive third-party email offers that you requested through the Website, follow the advertiser’s unsubscribe link or opt-out instructions that should be included in every commercial message you receive.

Interest-Based Advertising – To opt-out of our use of your online viewing behavior data to serve interest-based advertising on third-party websites and email newsletters, please email us at privacy@growwest.com.  Note that you must opt-out separately from each computer or device and browser that you use to access our services and if you clear your cookies, you will need to repeat the opt-out process.  If you would like to opt out of the cookies set by these third-party companies, you can do so by the following the options provided by the Network Advertising Initiative at:  http://www.networkadvertising.org/optout_nonppii.asp   Please note that, even if you so opt-out, your Personal Information may still be disclosed to third parties to the extent that you affirmatively provide it to third parties using the Website (e.g., by posting it using functionality in the Website).

6.5.  Do Not Sell.  Grow West does not sell Personal Information.

6.6.  Do Not Share or Disclose My Sensitive Personal Information.  You have the right to limit how your Sensitive Personal Information is disclosed or shared with third parties, as defined in the CCPA/CPRA (see Sections 5.3 and 5.4 above regarding use).  Grow West does not use Sensitive Personal Information for the purpose of inferring characteristics about you, or for any other reasons other than conducting business with you.  For this reason, we do not treat the Sensitive Personal Information we collect as subject to a limit the use of Sensitive Personal Information request and, therefore, we do not offer a way for you to submit such a request.

6.7.  Right to Delete.  You may request that Grow West delete specific elements of your Personal Information. We honor such requests, unless an exception applies, such as when the information is necessary to complete the transaction or contract for which it was collected, or when it is being used to detect, prevent, or investigate security or liability incidents, comply with laws, identify and repair bugs or ensure another consumer’s ability to exercise their free speech rights or other rights provided by law.

6.8.  Right to Correction.  In certain circumstances, you have the right to request correction of any inaccurate Personal Information. Upon verifying the validity of a verifiable consumer correction request, we will use commercially reasonable efforts to correct your Personal Information as directed, taking into account the nature of the Personal Information and the purposes of maintaining your Personal Information.

6.9.  Exercising Your Rights.  If you are a California resident, you can exercise your rights, email us at privacy@growwest.com or by phone at (530) 662-5442.  However, if your requests are manifestly unfounded or excessive, in particular because of their repetitive character, we may:

    • Charge a reasonable fee taking in account the administrative costs of providing the information or taking the action requested; or
    • Refuse to act on the request and notify you of the reason for refusing the request.

6.10.  Verification of Requests.  We will require your name, e-mail, phone number, and address and will attempt to match our records based on that information.  Where we have reasonable doubts concerning the identity of the person making the request, we may request additional information necessary to confirm their identity.

7. ADDITIONAL PRIVACY RIGHTS APPLICABLE TO NEVADA RESIDENTS

Nevada users may request that Grow West refrain from the sale of their Personal Information. Under the Nevada law, “sale” means the disclosure of covered information for monetary consideration to a recipient that then licenses or resells the information to another person. Generally, Grow West does not sell or license covered information.  Please use the contact information at the end of this Privacy Policy to submit do-not-sell requests to us.

8. MODIFICATIONS AND REVISIONS

Grow West reserves the right, at its discretion, to change, modify, add or remove portions of this Privacy Policy at any time by posting such changes to this page. You understand that you have the affirmative obligation to check this Privacy Policy periodically for changes, and you hereby agree to periodically review this Privacy Policy for such changes.  Use of the Website constitutes your express acceptance of and consent to the terms herein and continued use of the Website following the posting of changes to this Privacy Policy constitutes an acceptance of those changes.  If you do not agree with the terms of this Privacy Policy, please do not provide Grow West with any personal information or continue to use the Website.

9. CONTACT

If you have any further questions, please contact us at privacy@GrowWest.com

Grow West
201 East Street
Woodland, CA 95776

Tel: (530) 662-5442

Grow West is registered trademark of The Lyman Group, Inc.
Grow West is a trade name for The Lyman Group, Inc. and The Tremont Group, Incorporated.

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