Last update: March 4, 2024

MyEvergreenOnline.com - Privacy Policy

MyEvergreenOnline.com (hereinafter referred to as "Evergreen," or “MyEvergreen,” "MyEvergreenOnline," or "us," "we," "our" or "Company"), recognizes and respects the importance of maintaining the privacy of our customers, registered members ("Members") and users, and has established this Privacy Policy as a result. This Privacy Policy applies to all Members and users of this website, mobile applications, and all digital assets contained or offered therein (collectively, our "Services").

• Information We Collect About You
• How We Use The Information We Collect
• Consent To Transfer
• Links To Other Websites
• Information & Passwords
• How We Will Contact You
• Your Choices
• Corrections
• Notice To California Residents
• Contact Us

The purpose of this Privacy Policy is to inform you of:

• the personal information we may collect from you when you visit our web site, respond to our emails, place orders via mail or fax, visit a retail store, or otherwise contact us via telephone, email, or mail;
• why we gather information from you,
• how we collect it,
• how we use it, and
• the choices you have regarding our use of personal information you have provided.

This Privacy Policy is part of the Terms of Use, which govern your use of our Services. By using the Services and providing us with personal Information (as defined below), you agree to the practices described in this Privacy Policy and to any updates to these policies posted here from time to time. If you are a California resident, please click here for your California privacy rights, which supplements this Privacy Policy as to California Residents only.

Note: You must be 18 years or older to use, subscribe or register as a Member of MyEvergreenOnline.com. The website is a general audience site and we do not knowingly collect, maintain, or disclose personal Information from or about children.

I. Information We Collect About You

We may collect the following types of information about you which are described in more detail below: (A) information you provide to us, (B) information we may automatically collect, and (C) information we may receive from third parties. All of the information listed in (A)-(C) above, are detailed below, and hereinafter referred to as "Information."

A. Information You Provide to Us

Depending on how you interact with us, we may collect some or all of the following types of Information you provide us with:

• Contact information such as your name, postal address, telephone number(s), email address;
• Transaction and billing information including credit or bank card information;
• Gender and birth date;
• Preferences for communications;
• Communications, and gift recipients' names, addresses, telephone numbers and email addresses; and
• Other information as otherwise described to you at the point of collection or pursuant to your consent, including User Submissions (defined in the Terms of Use).

Note: The Information you provide to us may be collected by us even if an order, registration, or other process is started but not completed or otherwise canceled.

B. Information We May Automatically Collect About You

Our Services may automatically collect certain Information about you. This Information may include:

• IP address, which is the number associated with the service through which you access the Internet, like your ISP (Internet service provider);
• Date and time of your visit or use of our Services;
• Domain server from which you are using our Services;
• Type of computer, web browsers, search engine used, operating system, or platform you use;
• Data identifying the web pages you visited prior to and after visiting our website or use of our Services;
• Your movement and activity within the website, which is aggregated with other information;
• Geo-location information through the use of any of our mobile applications;
• Mobile device information, including the type of device you use, operating system version, and the device identifier (or "UDID"); and
• Mobile application identification and behavior, use, and aggregated usage, performance data, and where the application was downloaded from.

C. Cookies & Technologies Used to Collect Information About You

a. Cookies. A "cookie" is a small data file sent to your browser from a web server and stored on your computer. We use cookies to let us know that you are a prior customer, user, or Member and to provide certain features to you. We also use cookies to help track, manage and communicate what you have in your cart. We may send you messages through email or SMS communications about your cart or purchases; these may include cart reminder notifications. Most web browsers allow you to instruct the browser to prevent the use of cookies. If you want to delete any cookies that are already on your computer, please refer to the file management software to locate the file or directory that stores cookies under the following file names. Other information on deleting or controlling cookies is available at www.allaboutcookies.org. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Services, such as the shopping basket. We have relationships with third parties who may receive personal Information directly from the cookies placed by our Services on your computer to assist in analyzing our business and customers.

b. Tags. Our Services also use a common web technology called "action tags" (also called single pixel gifs or web beacons) to anonymously track purchase, usage, and other web activity information. Action tags (including third-party tags) may be used to provide data to third parties for tracking purposes. However, our Services do not use action tags to collect or transfer personal Information.

c. Analytics. We also use Analytics tools, such as Google Analytics, to help provide us with information about traffic to our website and use of our Services, which Google may share with other services and websites who use the collected data to contextualize and personalize the ads of its own advertising network.

D. Information We May Receive from Third Parties

We may collect additional Information about you from third-party websites, social media platforms, such as, but not limited, to Facebook, Twitter, or Instagram ("Social Media Platforms"), and/or sources providing publicly-available information (e.g., from the U.S. postal service) to help us provide services to you, help prevent fraud, and for marketing and advertising purposes.

Information we may access about you, with your consent, may include, but is not limited to, your basic Social Media Platform information, your location data, your list of contacts, friends or followers and certain information about your activities on the Social Media Platform. Please keep in mind that when you provide Information to us on a third-party website or platform (for example, via our applications), the Information you provide may be separately collected by the third-party website or the Social Media Platform.

The Information we collect is covered by this Privacy Policy, and the Information the third-party website or Social Media Platform collects is subject to the third-party website or platform's privacy practices. We encourage you to be aware when you leave our sites or applications and to read the privacy policies of other sites that may collect your Information.

II. How We Use The Information We Collect

A. Use and Purpose of Processing Your Information

We may use and process your Information for things that may include, but are not limited to:

• to communicate with you
• to process your orders
• to provide an enhanced and more personalized shopping experience
• to help improve our products and customer service
• to inform you and your gift and message recipients of offers and discounts from Plow & Hearth® and our affiliated brands
• to enable you to receive credits for purchases under loyalty or buying programs which you have joined
• for general or directed/targeting marketing and advertising purposes, including sending you (via email or mail) promotional material or special offers on our behalf or on behalf of our marketing partners and/or their respective affiliates and subsidiaries and other third parties, provided that you have not already opted-out of receiving such communications
• for any other purposes disclosed to you at the time we collect your Information and/or pursuant to your consent.

We may also combine Information we receive from you via our Services with information from our affiliates and third parties. We use the combined information to enhance and personalize your shopping experience with us and to communicate with you in accordance with this Privacy Policy.

B. Sharing Your Information

We may share your Information as set forth in the Privacy Policy and in the following circumstances:

• Service Providers & Third Parties. We may share your Information with service providers that perform certain functions or services on our behalf (such as to host the Services, fulfill orders, provide products and services, manage databases, perform analyses, process credit card payments, provide customer service, or send communications for us). These service providers are authorized to use your Information only as necessary to provide these services to us. In some instances, we may aggregate Information we collect so third parties do not have access to your particular Information to identify you individually. We may share personal information with third party marketing partners for commercial purposes. However, without your consent, we do not make your, or your gift or message recipients' email addresses, available to third parties. In addition, you may instruct that other personal Information about you or your message or gift recipients' that you have provided to us not be shared with third parties by following the instructions in Your Choices, below.
• Information Shared with our Subsidiaries and Affiliates. Our affiliates, subcontractors, and agents, and any successors to our business (if we ever sell some or all of our business), are not considered to be third parties under this Policy. "Affiliates" are persons or entities directly or indirectly controlling, controlled by, or under common control with MyEvergreen. We may share your Information with our subsidiaries and affiliates. If you do not want us to share your Information with our subsidiaries and affiliates, please email us at wholesalesupport@myevergreen.com.
• Disclosure for Legal or Administrative Reasons. We reserve the right to disclose Information you provide to us as required by law, in response to legal process and law enforcement requests and as necessary or appropriate, in our view, to operate the Services, process orders or registrations, to conduct promotions, contests, and sweepstakes you participate in, and to protect the rights or property of the Company, its affiliates, users, customers, recipients, Members, Sponsors, Providers, Licensors, Merchants and Associates (as these terms are defined in the  Terms of Use).
• Online Communications. Please note that any personal Information you reveal or post on one our public forums (as defined in the  Terms of Use), such as a message board, chat room, discussion group, folder, survey, contest, sweepstakes, user review and rate forum, and all User Submissions, are not protected by this Privacy Policy and may be collected, shared and used by us or with third parties, including to contact you. Information you give out or post on our public forums you disclose at your own risk. Additionally, if you correspond with us by email, questionnaires, surveys, social media, or other digital online platform, we may retain such correspondence and the Information contained in it and use it to respond to your inquiry.

III. Consent To Transfer

MyEvergreenOnline.com is operated in the United States. If you are located outside the United States, please be aware that any Information you provide to us will be transferred to the United States. By using the Services or otherwise providing us with Information, you hereby consent to this transfer. Although personal Information collected by us through the Services is used by us in accordance with this Privacy Policy, laws generally applicable to the protection of personal data in the U.S. may not be as stringent as those in other countries.

IV. Links To Other Web Sites

MyEvergreenOnline.com wants you to be aware that when you click on links and/or advertisement banners that take you to affiliated or third-party websites, you will be subject to the privacy policies and terms of use of those websites, not ours. This privacy policy only applies to Information collected by our Services. We encourage you to read the posted privacy statement and user terms whenever using, and prior to providing any personal Information to, any other website. Links to any other websites or content do not constitute or imply an endorsement or recommendation by us of the linked website and/or content.

V. Information & Passwords

We use commercially reasonable measures to provide our Services. However, no transmission of data over the Internet or any other network can be guaranteed to be 100% secure. Although we make reasonable efforts to safeguard personal Information once we receive it, we cannot warrant the security of Information we receive. You agree that we will not have any liability for misuse, access, acquisition, deletion, or disclosure of your Information.

VI. How We Will Contact You

You agree that we, our affiliates, and/or third-party service providers with whom we collaborate and contract may communicate with you regarding our Services via electronic messages, including email, text message, or mobile push notification to, for example, send you information relating to our products and Services that we think may be of interest to you, communicate with you about contests, offers, promotions, rewards, upcoming events, and other news about products and services provided by or through us through permissible targeted advertisements offered by us, our parent companies, our subsidiaries, our affiliates, and other business partners. See Your Choices, below, for how you can update the way we contact you.

VII. Your Choices

a. Email. By using our Services, you agree that we may contact you by email as set forth herein. If you do not want to receive marketing and promotional emails from us, you may click on the "unsubscribe" link in the email to unsubscribe and opt-out of marketing email communications or Contact Us.

b. Location Choices: You can change the privacy settings of your device at any time to turn off the sharing of location information with our Services. If you choose to turn off location services, this could affect certain features or services of our Services. If you have specific questions about the privacy settings of your device, we suggest you contact the manufacturer of your device or your mobile service provider for help.

c. Opting Out of Direct Marketing. To exercise choices regarding the marketing information you receive, you may also review the following links:

• i. You may opt-out of tracking and receiving tailored advertisements on your mobile device by some mobile advertising companies and other similar entities by downloading the App Choices app at https://www.aboutads.info/appchoices.
• ii. You may opt-out of receiving permissible targeted advertisements by using the NAI Opt-out tool available at http://optout.networkadvertising.org/?c=1 or by visiting About Ads at http://optout.aboutads.info.
• iii. You can opt-out of having your activity on our Services made available to Google Analytics by installing the Google Analytics opt-out add-on for your web browser by visiting: https://tools.google.com/dlpage/gaoptout for your web browser.

d. Text Messages. On our website, you may sign up to receive SMS or MMS text messages from MyEvergreenOnline.com. By signing up for text messaging services or otherwise opting in to receive text messages (opting in via short code or entering your phone number into an on-site collection form), you agree that you have provided MyEvergreenOnline.com with prior express written consent to be contacted by text message, including recurring automated promotional and personalized text messages before we contact you. Your consent is not a condition of any of our Services, and your consent to be contacted as described is voluntary. The number of text messages you receive may vary based upon the text messaging service(s) you sign up for. Message and data rates may apply. If you no longer want to receive text messages from us, reply STOP (or as otherwise instructed) in the text message or by contacting us. Additional information about our SMS and MMS marketing program can be found in our Text Messaging Terms. MyEvergreen.com will not sell or share the mobile number you provide for text messaging services with third parties for any commercial purpose. Mobile numbers will not be shared outside of the SMS program that users have opted into.

e. Third Party Sharing. You may opt-out of your personal information being shared with third parties by emailing wholesalesupport@myevergreen.com.

VIII. Corrections

If you would like to update, delete, or correct Information previously provided to us, please send an email with your new Information, including your complete name, postal address, and email address to wholesalesupport@myevergreen.com.

Members can modify and update their membership information (including name, mailing address, birth date, telephone number, and email address) by accessing the password-protected "Update Membership" page.

IX. Notice To California Residents

To the extent any California data privacy law applies, we will provide California residents with certain information upon request ("Data Subject Request"). This supplemental section of our Privacy Policy outlines how California residents can receive the information and applies solely to California residents.

A. Notice Of Collection

B. Rights of California Residents

1. Data Subject Requests

California residents have the right to request, twice a year and free of charge, that we disclose certain information about our collection and use of their personal information for the preceding twelve months. Upon our confirmation of a verifiable consumer request, we will disclose to you the following information, as applicable, for the twelve-month period prior to the request:

• the categories of personal information (as defined by California law) that Plow & Hearth® collected from you;
• The categories of sources of personal information that we collected about you;
• Our business or commercial purpose for collecting your personal information;
• if we disclosed your personal information to a third party for a business purpose, the personal information categories that each category of third-party recipient(s) obtained;
• the categories of third parties with whom we share that personal information; and
• the specific personal information that we collected about you.

If you are a California resident, you may also request deletion of your personal information collected or maintained by MyEvergreenOnline.com.

2. How to Make a Request

To make a request, please submit your Data Subject Request, Deletion Request, or Opt-Out ("Do Not Sell My Personal Information") Request via this Webform. You also may contact us via our customer service line USA Toll Free: 800-774-3837 or CA Toll-Free: 877-509-2955 or email us at wholesalesupport@myevergreen.com. Once the webform is submitted, you may receive an email to the email address you have mentioned, and a MyEvergreenOnlineOnline.com representative may contact you to request your name, mailing address, and email address from you in order to complete the verification process. We may also request some additional information, such as the last four digits of your credit card, the last item ordered, date of last order, total dollar charge of last order, last item you returned, name of the person you have shipped to in the past, or a monogram you have placed on a recent order. We will only use the information we receive for verification. We will not be able to disclose information if we cannot verify that the person making the Data Subject Request is the person about whom we collected information or someone authorized to act on such person's behalf. Once confirmed, MyEvergreenOnline.com will take action on your data subject request or request to delete within 45 days. If more time is needed to respond, MyEvergreenOnline.com will notify you.

Please note that we may not delete your personal information if it is necessary to:

• complete the transaction for which the personal information was collected;
• provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
• detect security incidents, protect against malicious, deceptive activity, and take all necessary and appropriate steps to mitigate current and future risk;
• debug and repair internal information technology as necessary;
• undertake internal research for technological development and demonstration;
• exercise free speech, safeguard the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
• comply with the California Electronic Communications Privacy Act;
• engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
• enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
• comply with an existing legal obligation; or
• otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

3. Do Not Sell My Personal Information

The California Consumer Protection Act gives California residents the right to stop the "sale" of their personal information through a mechanism called "Do Not Sell My Personal Information" button or hyperlink.

While there are many positive impacts of this requirement, California's definition of "sale" also captures the transfer of data between corporate affiliates (that is, companies that share common ownership) and other transfers that ordinarily may not be thought of as a "sale” in the traditional sense of the word. Because the CCPA has defined some of these transfers as "sales," we may be unable to offer all of our services to our users that ask us not to "sell" their Personal Data.

California residents may utilize the "Do Not Sell My Personal Information" hyperlink located on our Services to facilitate their opt-out of the sale of certain personal information. However, if you opt to request that we do not "sell" your personal information, you may not be able to use any service we offer that requires our continued use of your email address. Accordingly, users who direct us to stop "selling" their personal information may be asked to delete their account with us and their associated personal information. Users who make this request will still be able to access all of the services we offer on our website and through our services that are available to non-account holders and may always use a new email address to register a new account with our services.

4. Requests from Authorized Agents

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. In order to designate an authorized agent, please provide us with written permission granting the authorized agent permission to act on your behalf. Unless you provide power of attorney pursuant to CA Probate Code sections 4000 to 4465, a MyEvergreenOnline.com representative may contact you within 10 business days to confirm your identity.

5. Non-Discrimination

We may not, and will not, treat you differently because you of your Data Subject Request activity. As a result of your Data Subject Request activity, we may not and will not deny goods or services to you, charge different rates for goods or services, provide a different level quality of goods or services, or suggest any of the preceding will occur. However, we can and may charge you a different rate, or provide a different level of quality, if the difference is reasonably related to the value provided by your personal Information.

6. Notice of Financial Incentives

As part of our Services offerings, there may be opportunities to voluntarily provide us with your personal Information. As an incentive for providing using with your Information, you may receive a financial benefit in the form of an email coupon or discount that will be sent to you. This coupon may constitute a financial incentive under the California Consumer Privacy Act ("Financial Incentive"). The categories of personal Information required for us to provide the Financial Incentives include personal identifiers such as contact information, full name, email address, mailing address and telephone number as well as personal and demographic information you choose to provide.

You have the right to withdraw from the Financial Incentive at any time by submitting a request to wholesalesupport@myevergreen.com. Each Financial Incentive is reasonably related to the value of the personal Information we receive. Please note that if you request deletion of part or all your personal Information, that could affect your ability to qualify for our coupons

7. Verifying Requests

To help protect your privacy and maintain security, if you request access to or deletion of your personal Information, we will take steps and may require you to provide certain Information to verify your identity before granting you access to your personal Information or complying with your request. In addition, if you ask us to provide you with specific pieces of personal Information, we will require you to sign a declaration under penalty of perjury that you are the consumer whose personal Information is the subject of the request. If you designate an authorized agent to make a request on your behalf, we may require you to provide the authorized agent written permission to do so and to verify your own identity directly with us (as described above).

8. Shine the Light Requests

California Civil Code Section 1798.83 permits you to opt out of the disclosure of your personal Information by XYZ to third parties for the third parties' direct marketing purposes. To make an opt-out request of such disclosures, please send an email to wholesalesupport@myevergreen.com, call us USA Toll Free: 800-774-3837 or CA Toll-Free: 877-509-2955 or write us at:

• Evergreen Enterprises
• 5915 Midlothian Tpke,
• Richmond, VA 23225

9. Additional Information

If you choose to exercise any of your rights under the CCPA, you have the right to not receive discriminatory treatment by us. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request. This Statement is available in alternative formats upon request by sending an email to wholesalesupport@myevergreen.com, call us USA Toll Free: 800-774-3837 or CA Toll-Free: 877-509-2955.

X. Your Consent And Changes To This Policy

Subject to the above provisions, by using our Services, you consent to the terms of this Privacy Policy and the Terms of Use, of which this policy is a part. We may change our Privacy Policy from time to time as new features or services are added, suggestions from our customers are incorporated or other changes are made. We reserve the right to change, modify or amend this Privacy Policy at any time to reflect changes in our products and service offerings, accommodate new technologies, regulatory requirements, or other purposes. If we modify our Privacy Policy, we will update the "Effective Date" and such changes will be effective upon posting. It is your obligation to check our current Privacy Policy for any changes.

The date on which the current Privacy Policy and overall Terms of Use took effect is listed at the top of the Privacy Policy and Terms of Use (see "Last Updated" at the top of each).

By using MyEvergreenonline.com, after such changes take effect, you agree to be legally bound and to abide by the revised Privacy Policy and Terms of Use, of which this policy is a part.

XI. Contact Us

If you have any questions about this Privacy Policy or the Information we have collected about you, please send your questions to wholesalesupport@myevergreen.com, call us at USA Toll Free: 800-774-3837 or CA Toll-Free: 877-509-2955 or write us at:

• Evergreen Enterprises of Virginia, LLC.
• 5915 Midlothian Tpke,
• Richmond, VA 23225

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