Privacy Policy

Last Updated: May 21, 2024.

Southern Branch Nursery & Wild Works of Whimsy (“Company” or “Southern Branch Nursery” or “Wild Works of Whimsy) collects and uses personal information in order to provide its products and services. This Privacy Policy describes the personal information we collect, the purposes for which we use it, the parties with whom we may share it, and your choices with respect to such information. For purposes of this Privacy Policy, “personal information” means any information that relates to you as an individual and could reasonably be used to identify you. This Privacy Policy applies to our collection and use of personal information through this website and any related websites, applications, tools, or platforms, as well as through any other means where a link or reference to this Privacy Policy is provided.  To the extent permitted by applicable law, your use of Company’s products and services constitutes your acknowledgment and/or consent to the practices described in this Policy.

This Privacy Policy incorporates the our Terms of Use at (the “Terms”). Capitalized terms that are not defined in the Privacy Policy have the meaning given to them in the Terms.

I. The information that we collect:

Company collects personal information:

a. When you provide it to us.

This may include your:

●name

● contact information, such as your email address and phone number

● home/office address

●age or date of birth

● survey information

● marketing preferences

● education or experience history

● customer service communications

●any other information that you provide to us when you complete forms, including on our website, surveys, or otherwise provide us with information 

 

b.    When you use our products or services, or visit our website(s).

This may include your:

● order and usage history

● transaction information

●location data, which we may collect through our apps (if applicable) or when you access our website using a mobile device

●information created when you communicate using our products or services, including the content of such communications and the time/date of the communications.

●information automatically collected when you visit our website(s) using your computer or mobile device, including your IP address or other device address or ID, web browser and/or device type, hardware and software settings and configurations, the web pages or sites that you visit just before or just after visiting the Site, the pages you view on the Site, your actions on the Site, and the dates and times that you visit, access, or use the Site. 

This may also include information collected via one or more “cookies” when you visit our website(s). Cookies are small text files that are stored on browsers or devices by websites, apps, online media, and advertisements. We use cookies and similar technologies for purposes such as remembering user preferences and settings, determining the popularity of content, delivering and measuring the effectiveness of advertising campaigns, and analyzing traffic to our website. You may be able to decline our cookies through your browser settings; however, this may interfere with your ability to use our website or certain features in our website. We may also use Google Analytics or a similar service that uses cookies to help us analyze how users use the services we provide to you.

II. How we use the information we collect:

Company uses the personal information that we collect:

  1. To provide our products and services.

For example, we use personal information to:

●process orders

●process payments

●provide our services to you

●generate and send you receipts

● enable deliveries

● manage our website

● communicate with you

●communicate with you regarding our products and services, and/or your account

b. Customer support

Company uses the information we collect to provide customer support, which may include communicating with you regarding projects, investigating and responding to complaints.

III. Job Applicants

Company may use personal data it collects directly from individuals (including via a job application portal) or from other sources such as social media, or receives from recruiters, to evaluate job applicants.

a.     Legal proceedings and requirements or fulfilling contractual obligations

We may use personal data to investigate or address claims or disputes relating to use of Company’s services, to satisfy requirements under applicable laws, regulations, or operating licenses or agreements, including requirements that apply to the Company in its capacity as service provider or contractor for another entity, or pursuant to legal process or governmental request, including from law enforcement.

We may also aggregate, anonymize, or otherwise use your personal information without identifying you for any purpose permitted by applicable law.

IV.  When we share your information

We may disclose your personal information, to be used only for legitimate purposes in keeping with this Privacy Policy, to:

●Google Analytics, Square Analytics or a similar service to help us analyze how users use our website

●consultants, lawyers, accountants, and other professional service providers

●other third parties with your consent

Company may also share your information if we believe it’s required by applicable law, regulation, operating license or agreement, legal process or government request, or where the disclosure is otherwise appropriate due to safety or similar concerns. Company may also share your information with others in connection with, or during negotiations of, any merger, sale of Company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another Company.

V.  Protecting your Personal Information

We have implemented and maintain reasonable and appropriate technical and organizational measures designed to protect the confidentiality, integrity, and security of your personal information. Please note, however, that no security measures are perfect or impenetrable. We therefore cannot guaranty and do not warrant the absolute security of your personal information. We retain your personal information for no longer than reasonably necessary to fulfill the purposes for which we collected it or to comply with the law, prevent fraud, facilitate an investigation, defend against legal claims, or exercise our legal rights. If you reside outside the United States, please note the personal information we collect about you may not be subject to the same level of protection of personal information as it would be in the jurisdiction in which you reside. You may contact us using the contact information provided below to learn more about the safeguards that apply to your personal information and to request a copy of such safeguards.

VI. Additional Information

a. Opt-out from communications

As explained above, we may use your e-mail address or other personal information to send you promotional materials.  You can opt-out of receiving promotional communications by following links provided in the messages, by updating your account preferences through the Services, or by contacting us directly at trista@wildworksofwhimsy.com. Although your request to stop receiving information will be reflected promptly in our database, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics or statistics about our users. To make a request related to your personal information or otherwise exercise your rights, you may contact us using the contact information provided below. In order to fulfill your request, we may require additional information from you.  You may decline to share certain information with us, in which case we may not be able to accept your membership, or provide you with our services.

b.    Data retention

We retain information as long as it is reasonably necessary to provide our products and services, and for other purposes including to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, or enforce our Terms or other agreements.

c. Children

We do not knowingly collect or maintain information directly from persons under 13 years of age (“children”), and no part of the services is directed to children. If you are under 13 years of age, then please do not use or access the services at any time or in any manner. If we learn that information has been collected through the services from children and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child has provided us with personal information without your consent, please contact us using the contact information below to request that we delete the information from our systems.

d.  Visitors from Outside the United States

Company operates in the United States, and any personal information collected pursuant to this Privacy Policy may be accessed from and/or stored by Company, or those acting on Company’s behalf, in the United States. If you use Company’s products and services from outside the United States, you acknowledge that your personal information may be transferred to or accessed from the United States, and consent to such transfer or access.

e.  Limitation of Liability

By accessing this Site and/or providing us with Personal Information and other data, you expressly and unconditionally release and hold us harmless from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with the use and/or misuse of such information[M(5] .

f.   Requests and inquiries

To submit a request relating to your personal information, or other inquiries regarding the information in this Privacy Policy, please contact us by e-mail at trista@wildworksofwhimsy.com.

g.  Updates to this Privacy Policy

We may update or make other changes to this Privacy Policy from time to time, without notice.  We will notify you about changes that significantly impact our use of your personal information by placing a prominent notice on this website or by sending you an email. We recommend revisiting this page periodically to make sure that you have the most recent information regarding our collection and use of your personal information. To the extent permitted under applicable law, we will understand your use of our website, products or services after an update to this Privacy Policy to reflect your consent to the practices described in this Privacy Policy.  For the avoidance of doubt, disputes arising as considered in this document will be resolved in accordance with the Privacy Policy in effect at the time the dispute arose.

h. Contact

Please contact us with any questions, comments or concerns about this Privacy Policy or our use of your personal information by e-mail at trista@wildworksofwhimsy.com or by mail at 1412 Benefit Road Chesapeake, VA 23322.