PRIVACY POLICY

We respect the privacy of our users. This Privacy Policy (“Policy”) describes our privacy practices concerning information collected in connection with the Herbsmith family of websites, including without limitation; Herbsmith (located at www.herbsmithinc.com), Herbsmith Wholesale (located at www.wholesale.herbsmithinc.com), Herbsmith Rx (www.herbsmithrx.com), and Herbsmith Rx Wholesale (www.wholesale.herbsmithrx.com) (the “Sites”).

This Policy is intended to explain the conditions under which Herbsmith, Inc. collects, uses, and discloses personal and other information in connection with the Platforms, and your rights in relation to that information. By visiting any using our you are agreeing to the terms of this Policy.

The personal and other information that we collect about you is controlled by Herbsmith, Inc., which is headquartered in the United States at 455 E. Industrial Drive, Hartland, WI 53029.

What Personal and Other Information We Collect About You

Herbsmith collects both “personal information” and “non-personal information” about Site users. For purposes of this Policy, “non-personal information” is information that Herbsmith cannot directly associate with a specific person without the aid of additional information. By contrast, “personal information,” is information such as a name or email address that Herbsmith can directly associate with a specific person or entity without additional information. When we combine non-personal information with personal information, we treat all of the combined information as personal information.

Personal information. You can visit the Sites without submitting any personal information. However, in order to subscribe to our services or purchase products, you will be required to provide personal information. For example:

Orders. If you purchase a product or service from us, we request certain personal information from you on our order form. You must provide personal contact information (such as name, email address, and shipping address) and financial information (such as a credit card number and expiration date).

Feedback. Our online contact form also contains a “message” field through which you may submit additional personal information.

We may combine personal information collected through the items above with other information that we or third parties collect about you in other contexts—such as our communications with you via email or phone, or your customer service records. We will treat such combined information as personal information and protect it in accordance with this Policy.

Surveys, Contests, and Promotions. From time to time, Herbsmith may ask Sites users to participate in surveys, contests, or promotions. Such surveys, contests, and promotions may be used to collect both personal and non-personal information. Participation is completely voluntary, and you therefore have a choice whether or not to disclose your information.

Log data. When you use the Sites, we automatically receive and record certain information from your computer (or other device) and your browser. This may include such data as your IP address and domain name, the pages you visit, the date and time of your visit, the files that you download, the URLs from the websites you visit before and after navigating to the Sites, your software and hardware attributes (including device IDs), your general geographic location (e.g., your city, state, or metropolitan region), and certain cookie information (see below). To obtain such information, we may use web logs or applications that recognize your computer or device and gather information about its online activity.

Cookies. We also use cookies in conjunction with the Sites. Cookies are small files that are stored on your computer or other device by your web browser. A cookie allows the Sites to recognize whether you have visited before and may store user preferences and other information. For example, cookies can be used to collect information about your use of the Sites during your current session and over time (including the pages you view and the files you download), the operating system and browser type of your computer or other device, your Internet service provider, your domain name and IP address, your general geographic location, the website that you visited before navigating to the Sites, and the link you used to leave the Sites. If you are concerned about having cookies on your computer or device, you can set your browser to refuse all cookies or to indicate when a cookie is being set, allowing you to decide whether to accept it. You can also delete cookies from your computer or device. However, if you choose to block or delete cookies, certain features of the Sites may not operate correctly.

Web beacons. We also may use an application known as a “web beacon” (also known as a “clear gif” or “web bug”). A web beacon is an electronic file that usually consists of a single-pixel image. It can be embedded in a web page or in an email to transmit information, which could include personal information. For example, it allows an email sender to determine whether a user has opened a particular email.

Third-party online tracking and behavioral advertising. We also may partner with certain third parties to collect, analyze, and use some of the personal and non-personal information described in this section. For example, we may allow third parties to set cookies or use web beacons on the Sites or in email communications from Herbsmith. This information may be used for a variety of purposes, including online behavioral advertising, as discussed below (see the section entitled “How we share personal and non-personal information with third parties”).

How We Use the Personal and Non-Personal Information That We Collect

Herbsmith uses the information that we collect for a variety of purposes. If we have personal information about you, we may use it, for example: to respond to your questions or requests concerning the Sites or other services offered by Herbsmith or our partners; to fulfill the terms of any agreement you have with us; to fulfill your requests for our services and orders for products or otherwise complete a transaction that you initiate; to send you information about our services, the status of any orders, and other topics that are likely to be of interest to you, including newsletters, updates, or other communications; to authenticate billing and identification information; to deliver confirmations, account information, notifications, awards, service-related announcements, and similar operational communications; to improve or personalize your user experience; to improve the quality of our products and services; to comply with legal and/or regulatory requirements; and to manage our business.

We use the non-personal information that we collect for such purposes as: counting and recognizing users of the Sites; analyzing users’ demographics, interests, and behavior, including how they use the Sites and various Sites features; improving the Sites and enhancing users’ experiences with the Sites; researching and creating new products and services or improving our existing products and services; enabling additional website and application analytics and research concerning the Sites; and managing our business. Herbsmith may link non-personal information gathered using cookies and web beacons with personal information. But in that event, we will treat the combined information as personal information.

We also may use the personal and non-personal information that we collect to send you promotional communications, including emails or postal mail about the products and services offered by Herbsmith or our partners. Although we hope you will find our promotional emails of interest, you may opt out of receiving them by sending an email to webadmin@herbsmithinc.com with “optout” in the subject line, or by clicking on the “unsubscribe” link in any promotional email. Promotional emails will also have instructions for opting out of that type of communication in the future.

We also provide you the opportunity to opt-out of having your personal information used for certain purposes when we ask for this information. For example, if you purchase a product/service but do not wish to receive any additional marketing material from us, you can indicate your preference on our order form.

How We Share Personal and Non-Personal Information with Third Parties

We share your personal information and non-personal information with other parties for a variety of purposes, as described below.

Analytics and online behavioral advertising. We partner with certain third parties to collect the non-personal information discussed above and to engage in analysis, auditing, research, and reporting. These third parties may use web logs or web beacons, and they may set and access cookies on your computer or other device. In particular, as of the effective date of this Policy, certain of the Sitess and Apps use such third party services as Google Analytics and Facebook retargeting to help collect and analyze certain information for the purposes discussed above.

The Sites also enables third-party tracking mechanisms to collect your non-personal information for use in online behavioral advertising. For example, third parties may use the fact that you visited the Sites to target online ads for Herbsmith services to you on non-Herbsmith websites or services. In addition, our third-party advertising networks might use information about your use of the Sites to help target non-Herbsmith advertisements based on your online behavior in general.

Third-party service providers and business partners. Herbsmith also uses other third-party service providers to help us manage and improve the Sites and other Herbsmith services. These service providers may collect and/or use your personal or non-personal information to assist us in achieving the purposes discussed above in the section entitled “How we use the personal and non-personal information that we collect.” For example, we use third parties to help us target and implement our email communications and direct mailings, to verify your identity and address for shipping purposes, to ship our products, and to process your credit card information. We also use third-party platforms to help us manage our relationships with the people and companies that use our services.

We also may share your personal or non-personal information with other third parties when necessary to fulfill your requests for services; to complete a transaction that you initiate; to meet the terms of any agreement that you have with us or our partners; or to manage our business.

Your direct sharing of information on the Sites. Certain features of our Sites make it possible for you to share comments or feedback publicly with all other users of the Sites. Any information that you submit through such features will be available to the public at large and potentially accessible through third-party search engines. Such information can be read, collected, and/or used by others, and it could be used to send you unsolicited messages if you disclose personal information. Accordingly, please take care when using these features of the Sites.

Your direct sharing of personal information through third-party websites and services. The Sites may enable you to share directly personal information with websites or online services operated by third parties. For example, the Sites contain links to third-party websites that incorporate comment and social media features. The Sites may also contain a Facebook “like” button, a Twitter “follow” button, or similar features. If you choose to use these features, you may disclose your personal information not just to those third-party websites and services, but also to their users and the public more generally. Because these third-party websites and services are not operated by Sites, we are not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your personal and non-personal information will be subject to the privacy policies of the third party websites or services, and not this Policy.

Third-party plugins. The Sites integrates certain third-party plug-ins (such as a Facebook “like” button). Even if you do not click on these plug-ins, they may collect information about you, such as your IP address and the pages that you view. They also may set and/or access a cookie. These plugins are governed by the privacy policy of the company providing them.

Legal purposes. We also may use or share your personal or non-personal information with third parties when we believe, in our sole discretion, that doing so is necessary:

  • to comply with applicable law or a court order, subpoena, or other legal process;
  • to investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of our terms and conditions, or situations involving threats to our property or the property or physical safety of any person or third party;
  • to establish, protect, or exercise our legal rights or defend against legal claims; or
  • to facilitate the actual or proposed financing, securitization, insuring, sale, assignment, bankruptcy, or other disposal of all or part of our business or assets.

Aggregated information. From time to time, Herbsmith may also share de-identified and aggregated information about Sites users, such as by publishing a report on trends in the usage of the Sites.

Security

Herbsmith uses commercially reasonable physical, electronic, and procedural safeguards to protect your personal information against loss or unauthorized access, use, modification, or deletion. When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). However, no security program is foolproof, and thus we cannot guarantee the absolute security of your personal or other information.

Reviewing and Updating Your Information

If you want to learn more about the personal information that Herbsmith has about you, or you would like to update or change that information, or deactivate your account, please contact us by email at webadmin@herbsmithinc.com.

Note that deactivating your account does not cause your account information to be deleted from our servers. You can request such deletion by emailing our Customer Support team at mail@herbsmithinc.com.

Children's Privacy

The Sites is not directed to children under the age of 13, and Herbsmith will never knowingly collect personal or other information from anyone it knows is under the age of 13. Persons over 13 but under 18 years of age may use the Sites only in conjunction with and under the supervision of a parent or legal guardian.

Changes to this Policy

We reserve the right to amend this policy at any time. We will post all changes to this policy on this website, so you should review the policy periodically. Any such amendments to this policy may apply to information we collect in the future as well as any information we obtained prior to such amendment. If we make a material change to this policy, we will provide appropriate notice as required by law.

Questions or Comments

If you have any questions or comments regarding our Policy, please contact us at:

455 E. Industrial Drive

Hartland, WI 53029

Phone: 800-624-6429

E-mail: mail@herbsmithinc.com.

Effective date: May 16, 2018.