Year 2015

Barbecue season kicks off with two new side dishes: Brown Sugar Hickory Baked Beans and limited edition Sweet Heat. Best. Summer. Yet.

Year 2014

We add flavor to chili by expanding our line of chili beans to include black, great northern, kidney, pinto AND red beans.

{ bush brothers & company }

compliance

compliance

The following statutes require disclosure statements be placed on company websites:

California Transparency in Supply Chains Act of 2010

This statute requires retail sellers and manufacturers doing business in the state of California to disclose their efforts to eradicate slavery and human trafficking from their direct supply chains for tangible goods offered for sale.

At Bush Brothers & Company, we believe that our sourcing practices, like all other business practices at the company, must adhere to the values of integrity, responsibility, trust, and caring, as exemplified by our founder, A.J. Bush. The protection of the rights of those involved in our supply chain is one element of responsible sourcing.

OUR OWN OPERATIONS:

We comply with the laws in every nation where we operate and recognize and respect the cultures, customs, and practices of our consumers and customers.

We conduct internal reviews of our supply chain to evaluate and address risks to human rights.

We provide training on human rights to company employees involved in supply chain management, including training on mitigating related risks in the supply chain. Employees are accountable for upholding our values.

OUR DIRECT SUPPLIERS:

We want to work with suppliers and contractors whose values and standards align with ours.

We ask our direct suppliers to certify that they comply with laws addressing human rights in the countries where they do business. We rely on their certification, but do not audit their operations regarding these practices. When we become aware of non-compliance, we notify our suppliers and contractors, and ask them to develop and implement corrective action.

As with all of our efforts, we continually seek ways to improve our entire supply chain performance.

 

TERMS OF SERVICE

 

 
  1. OVERVIEW

Your use of the websites on which these terms reside (including, without limitation, mobile websites) (collectively, the “Site”), and the content and services at this Site are subject to these Terms of Service, which we may update from time to time. Please read these Terms of Service carefully before using this Site. These Terms of Service form a legal agreement entered into by and between you, the user of Site, and Bush Brothers & Company (also referred to in these Terms of Service as “we”, “us” and “our”).  By accessing, browsing, and/or otherwise using the Site, by purchasing something from us, by registering with the Site, and/or by clicking “I Agree” to accept or agree to these Terms of Service when this option is made available to you, you signify your agreement to these terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”) and to comply with all applicable laws and regulations.

  1. TERMS

Bush Brothers & Company offers this website, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These Terms of Service govern your access to and use of the Site and do not alter the terms and conditions of any other agreement you may have with us for products or otherwise, unless specifically agreed to by us in writing. 

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.  If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SITE.  IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE SITE OR USE ANY SERVICES. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, YOU ARE PROHIBITED FROM USING OR ACCESSING THE SITE.

  1. ELIGIBILITY AND PERMITTED JURISDICTIONS

THE SITE IS ONLY INTENDED FOR USERS LOCATED IN THE UNITED STATES, AND IT IS NOT INTENDED FOR USERS LOCATED IN OTHER JURISDICTIONS, INCLUDING THE EUROPEAN UNION AND THE EUROPEAN ECONOMIC AREA.  THE SITE IS ALSO OFFERED ONLY TO USERS WHO ARE AT LEAST 18 YEARS OF AGE.  BY USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE SITE FROM WITHIN THE UNITED STATES AND THAT YOU ARE AT LEAST 18 YEARS OF AGE.

We are based in the State of Tennessee in the United States of America, and the Site is intended solely for residents of the United States.  We make no representations that the Site or any of its content is appropriate or available for use in all locations.  Use of or access to the Site may not be legal by certain person or in certain countries.  By using or accessing this Site, you do so at your own risk and are responsible for compliance with the laws and regulations of your own jurisdiction and any jurisdiction from which you access or use the Site.

  1. INTELLECTUAL PROPERTY

These Terms of Service permit you to use the Site exclusively for your personal, non-commercial use.  The Site as well as its contents, features, functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), and all information, products, and services offered by us to you in connection with the Site (collectively, the “Content”) are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights pursuant to international conventions and U.S. and other laws.

Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.  Otherwise, the Site and the Content are the property of Bush Brothers and/or third-party licensors, and all right, title and interest in and to the Site and the Content will remain with Bush Brothers or such third-party licensors.  Other products and names mentioned herein may be the trademarks of their respective owners.

You do not acquire ownership rights to the Site or any Content.  These Terms of Service do not grant you any right, title, interest, license (express or implied) to any patent, trademark, service mark, copyright, trade secret or other intellectual property right of Bush Brothers or the respective intellectual property owners.  As between us and you, we have and retain exclusive and valid ownership of the Site, the names and marks thereof, and all intellectual property, proprietary rights and documentation therein, and you acknowledge that the foregoing constitute valuable assets and may constitute trade secrets of Bush Brothers.  Bush Brothers, its associated logos, and all page headers, custom graphics, and other icons are service marks, trademarks, registered service marks, or registered trademarks of Bush Brothers.  All other product names and company logos mentioned on the Site or in the information or content contained therein are trademarks of their respective owners.  In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Site without the prior written authorization of Bush Brothers or the respective owners of such information or intellectual property.  You agree that you will not remove, alter, or obscure any copyright, legal or proprietary notices in or on any portions of the Site or the information and content contained therein.

You may only use the Site and the Content as expressly permitted herein, and any other use is prohibited. You shall not adapt, reverse engineer, decompile, disassemble, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Site or the Content.  Any copying, republication, or redistribution of the foregoing, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Bush Brothers and/or the respective intellectual property rights holder identified in the subject content, which consent may be granted or withheld at the sole discretion of the rights holder.

We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials.  Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act, we reserve the right to terminate your use of the Site or the Content if we determine, in our sole and absolute discretion, that you are involved in infringing activity, regardless of whether such alleged infringement is a first-time or repeat occurrence and/or whether the material or activity is ultimately determined to be infringing.

  1. ACCOUNT AND SECURITY

Access to certain portions of the Site or some of the resources it offers may require a user name and password.  Only registered users may access password-protected pages.  You may be asked to provide certain registration details or other information.  It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.  You agree that all information you provide to register with the Site or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  We recommend that your passwords be as complex as you can make them (in terms of using various digits, numbers, etc.) and at least seven characters in length.  It is your responsibility to keep these passwords safe when they are in your possession.

You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information.  You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.  We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion you have violated any provision of these Terms of Service.

You understand that your order information (not including credit card information), may be transferred via unencrypted means and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks. See our Privacy Policy to learn more about how we take measures to keep your data secure.

  1. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.  We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

This Site may include content provided by third parties.  All statements and/or opinions expressed in these materials, and all content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

We make no representations or warranties as to the accuracy, reliability, completeness, or usefulness of any information on the Site. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

  1. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.  We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site. 

We do not guarantee continuous, uninterrupted or secure access to our Site. The operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.  You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

  1. PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We also reserve the right to limit the quantities of any products or services that we offer.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction.  We reserve the right to refuse service to anyone for any reason at any time, to the extent permitted by applicable law.  We may exercise these rights on a case-by-case basis.

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site will be corrected. 

  1. ACCURACY OF BILLING AND ACCOUNT INFORMATION 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

  1. RETURNS, REFUNDS, EXCHANGES, AND GIFTS

Returns.  We offer a limited return policy.  Unfortunately, food product cannot be returned.  If we sell any non-food products on the Site, these items may be returned for 30 days from the date of purchase.  If 30 or more days have gone by since your purchase, we cannot offer you a refund or exchange.  In addition, to be eligible for a return, your item must be unused and in the same condition in which you received it.  The item to be returned must also be unopened and in the original packaging.

Refunds. Once your return is received and inspected by us, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.  If you are approved, your refund will be processed, and a credit will automatically be applied to your credit card or other original method of payment.

Late or missing refunds. If you haven’t received a refund yet, first check your bank account again. Then, contact your credit card company, as it may take some time before your refund is officially posted.  As a next step, you should contact your bank because there is often some processing time before a refund is posted.   If you’ve done all of this and you still have not received your refund yet, please contact us at letters@bushbros.com.

Exchanges.  We only replace items if they are defective or damaged. If you need to exchange an item for the same item, send us an email at letters@bushbros.com and we will make arrangements for a replacement or credit.

Gifts.  If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.  If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to himself/herself to give to you later, we will send a refund to the gift giver and he/she will find out about your return.

Shipping To return your product, you should mail it to: Bush Brothers & Company, 1016 East Weisgarber Road, Knoxville TN 37909-2669.  You will be responsible for paying for your own shipping costs for returning your item.  Shipping costs are non-refundable.  If you receive a refund, the cost of return shipping will be deducted from your refund.  Depending on where you live, the time it may take for your exchanged product to reach you, may vary.  If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

  1. THIRD-PARTY RESOURCES 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.  You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement.  We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.  Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

  1. THIRD-PARTY LINKS

Certain content, products and services available via our Site may include materials from third-parties.  Third-party links on this Site may also direct you to third-party websites that are not affiliated with us.  We have no control over third-party sites, and we are not responsible for any changes to or content on them. Our inclusion of any content is not an endorsement of that material or link or the companies that own or operate the material or linked sites.

We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites have posted. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

  1. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

If, at our request, you send certain specific submissions (for example contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.  We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

You represent and warrant that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further represent and warrant that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

  1. LINKING TO THE SITE AND SOCIAL MEDIA FEATURES

This Site may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Site;
  • Send e-mails or other communications with certain content, or links to certain content, on this Site; and
  • Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you;
  • Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
  • Link to any part of the Site other than the homepage; or
  • Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms of Service.

You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.  You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.  We reserve the right to withdraw linking permission without notice.  We may disable all or any social media features and any links at any time without notice in our discretion.

  1. PERSONAL INFORMATION

Your submission of personal information through the Site is governed by our Privacy Policy.

  1. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.

We reserve the right to modify or discontinue the Site at any time with or without notice to you. We do not guarantee continuous, uninterrupted or secure access to the Site. The operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.

  1. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its Content:

  • For any unlawful purpose;
  • To solicit others to perform or participate in any unlawful acts;
  • To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • To reproduce, duplicate, copy, “screen scrape”, “monitor”, “mine”, “copy”, or “mirror” sell, resell or exploit any portion of the Site;
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • To submit false or misleading information;
  • To transmit or send unsolicited commercial communications
  • To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet;
  • To gain unauthorized access to, interfere with, damage, disrupt, or circumvent any of the security features of the Site (or the servers, networks, and databases connected to the Site);
  • To collect or track the personal information of others;
  • To spam, phish, pharm, pretext, spider, crawl, or scrape;
  • For any obscene or immoral purpose; or
  • To interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet.

You agree to use the Site only for lawful purposes and in accordance with these Terms of Service.  You further acknowledge and agree:

  • that you will not engage in any activity that interferes with, disrupts, or imposes an unreasonable or disproportionately large load on the Site (or the servers, networks, and databases which are connected to the Site);
  • that you will not edit, modify, correct, adapt, translate, enhance, or otherwise prepare derivative works any content on the Site that is not owned by you or another person or entity for whom you act as their agent;
  • that you will not reproduce, redistribute, republish, duplicate, copy, display, sell, rent, sub-license, trade or resell any content or other aspect of the Site for any commercial purpose (except for content specifically and expressly made available for redistribution);
  • that you will not remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, copyrights, warranties, disclaimers, or other proprietary notations from the Site;
  • that you will not impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
  • that you will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or develop restricted or password-only access pages, or hidden pages or images; and
  • that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms of Service and for the consequences (including any loss or damage which you may suffer) of any such breach.

We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

  1. DISCLAIMER OF WARRANTIES

YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK. THE SITE AND THE CONTENT AND ALL PRODUCTS AND SERVICES DELIVERED VIA THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  BUSH BROTHERS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY, OR OTHERWISE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, DURABILITY, MERCHANTABLE QUALITY, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER BUSH BROTHERS NOR ANY PERSON ASSOCIATED WITH BUSH BROTHERS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE USE OF THE SITE OR THE CONTENT, OR THE MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, OR OTHERWISE RELATING TO THE SITE, THE CONTENT, OR ANY SITES LINKED TO THE SITE.

WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR CONTENT. WE DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR CONTENT FROM THE SITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SERVICE FOR ANY RECONSTRUCTION OF ANY LOST DATA.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY SITE LINKED TO IT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SITE, ITS CONTENT OR ANY ADVICE OR SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY ADVICE OR SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. LIMITATION OF LIABILITY

IN NO CASE SHALL BUSH BROTHERS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SITE, OUR SERVICES, OR ANY PRODUCTS PROCURED USING THE SAME, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE, OUR SERVICES, OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

  1. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Bush Brothers and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claims, liabilities, damages, demands, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Services, your violation of any law or the rights of a third-party, and your use of the Site, including, but not limited to, any use of the Site’s content or services other than as expressly authorized in these Terms of Service or your use of any information obtained from the Site.

  1. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

  1. TERMINATION 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).  The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

  1. ENTIRE AGREEMENT; INTERPRETATION; NO WAIVER

These Terms of Service and any policies or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and us and governs your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 

  1. GOVERNING LAW; VENUE; DISPUTE RESOLUTION 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to conflict of law principles.  The exclusive venues for any dispute arising out of or related to these Terms of Service shall be the United States District Court for the Eastern District of Tennessee and those state courts having jurisdiction over Knox County, Tennessee. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms of Service operate to the fullest extent permissible by law.

  1. CHANGES TO TERMS OF SERVICE

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site.  We will provide notice by, at a minimum, updating this posting.  However, if we make material changes to these Terms of Service, we will notify you either through the email address you have provided us or by means of a prominent notice on the Site before the change becomes effective. 

You can review the most current version of the Terms of Service at any time at this page.  It is your responsibility to check our Site periodically for changes.  Your continued use of or access to our Site following the posting of any changes to these Terms of Service constitutes acceptance of those changes. If any part of these Terms or any future changes to these Terms are not acceptable to you, you must not use or access the Site.

Any new features or tools which are added to the current Site shall also be subject to the Terms of Service. Any changes to these Terms of Service will be in effect as of the “Last Updated” date referenced at the top of these Terms of Service.

  1. CONTACT INFORMATION 

If you have any questions, you may contact us at letters@bushbros.com.

 

PRIVACY POLICY

 

 

Last Updated: January 1, 2020

INTRODUCTION

Bush Brothers & Company (also referred to herein as “we,” “us,” and “our”) is committed to protecting the privacy and security of the personal information we collect, use, share, and otherwise process as part of our business.  We also believe in transparency, and we are committed to informing you about how we treat your personal information.  This Policy will provide you with a comprehensive description of our online and offline practices regarding the collection, use, disclosure, and sale of personal information and of the rights you have regarding your personal information.  Our online collection of personal information occurs via www.bushbeans.com and the related subdomains (the “Site”) and via our social media channels.

You may obtain an accessible version of this Policy by contacting us via the methods identified in the “Contact Us” section of this Policy.

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE TREAT YOUR PERSONAL INFORMATION AND WHAT CHOICES AND RIGHTS YOU HAVE IN THIS REGARD.  IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS POLICY, YOU SHOULD NOT ACCESS OR USE THE SITE OR ENGAGE IN COMMUNICATIONS WITH US CONCERNING OUR PRODUCTS OR SERVICES.

This Site is intended for users located in the United States, and IT is not intended for users located in other countries, including the European Union and the European Economic Area.  By using this Site, you acknowledge and agree that you are using the Site from within the United States.

NOTICE AT COLLECTION 

Data Collection: We currently collect the categories of personal information listed in the chart below, and we may use the data for the purposes identified for each category.   As permitted by applicable law, we may use and disclose all of the personal information that we collect in order to:

  • Comply with federal, state, or local laws;
  • Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities;
  • Cooperate with law enforcement agencies concerning conduct or activity that we, a service provider, or a third party reasonably and in good faith believe may violate federal, state, or local law;
  • Exercise or defend legal claims; and
  • Collect, use, retain, sell, or disclose consumer information that is deidentified or in the aggregate consumer information.

 

Please also see the Do Not Sell My Personal Information and No Financial Incentive sections of this Policy for additional information.

Category of Personal Information

Examples and Purposes

Identifiers

Examples: real name, alias, postal address, unique personal identifier, online identifier Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers

Purposes for Which Category Will Be Used: We use this category of personal information to:

  • Process your purchases and returns;
  • Process your payments and refunds;
  • Detect fraud and prevent loss;
  • Provide you with information about our products and services;
  • Contact you about products or services that may be of interest to you;
  • Enable you to track the status of your purchase or return;
  • Establish and maintain your user account with us;
  • Manage our relationship with you;
  • Allow you to contact us and facilitate your communication with us;
  • Respond to your feedback, requests, questions, or inquiries;
  • Register you for our email distribution lists;
  • Send you periodic emails;
  • Administer a contest, sweepstakes, promotion, or survey;
  • Enable you to share reviews, comments, questions, and answers;
  • Provide you more tailored advertising;
  • Operate the Site and prepare aggregate traffic information;
  • Engage with you on social media;
  • Operate our business;
  • Facilitate corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers;
  • Ensure safety of person or property; and
  • Ask if you would like for us to share your information with third parties.

Categories of personal information described in California’s data breach notification law

Examples: name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information

Purposes for Which Category Will Be Used: We use this category of personal information to:

  • Process your purchases and returns;
  • Process your payments and refunds;
  • Detect fraud and prevent loss;
  • Provide you with information about our products and services;
  • Contact you about products or services that may be of interest to you;
  • Enable you to track the status of your purchase or return;
  • Establish and maintain your user account with us;
  • Manage our relationship with you;
  • Allow you to contact us and facilitate your communication with us;
  • Respond to your feedback, requests, questions, or inquiries;
  • Register you for our email distribution lists;
  • Send you periodic emails;
  • Administer a contest, sweepstakes, promotion, or survey;
  • Enable you to share reviews, comments, questions, and answers;
  • Provide you more tailored advertising;
  • Operate the Site and prepare aggregate traffic information;
  • Engage with you on social media;
  • Operate our business;
  • Facilitate corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers;
  • Ensure safety of person or property; and
  • Ask if you would like for us to share your information with third parties.

Commercial information

Examples: Records of personal property, products or services (work, labor, and services, including services furnished in connection with the sale or repair of goods) purchased, obtained, or considered, or other purchasing or consuming histories or tendencies

Purposes for Which Category Will Be Used: We use this category of personal information to:

  • Process your purchases and returns;
  • Process your payments and refunds;
  • Provide you with information about our products and services;
  • Detect fraud and prevent loss;
  • Contact you about products or services that may be of interest to you;
  • Enable you to track the status of your purchase or return;
  • Establish and maintain your user account with us;
  • Manage our relationship with you;
  • Respond to your feedback, requests, questions, or inquiries;
  • Enable you to share reviews, comments, questions, and answers;
  • Administer a contest, sweepstakes, promotion, or survey;
  • Provide you more tailored advertising;
  • Conduct research and analysis and improve our products and marketing efforts;
  • Determine and track customer interests, needs, and preferences;
  • Develop new products and services;
  • Improve our customer service;
  • Maintain insurance for our business;
  • Maintain our inventory records and perform our accounting and audit functions;
  • Operate our business;
  • Facilitate corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers;
  • Ensure safety of person or property; and
  • Ask if you would like for us to share your information with third parties.

Internet or other electronic network activity information

Examples: browsing history; search history; internet service provider (ISP); type of computer; type of web browser; URLs of any referring or exited webpages; operating system; information about your interaction with the Site or advertisements on it; data about which pages you visit; the date and time of your visit; your domain server; and your browser type

Purposes for Which Category Will Be Used:  We use this category of personal information to:

  • Detect fraud and prevent loss;
  • Contact you about products or services that may be of interest to you;
  • Respond to your feedback, requests, questions, or inquiries;
  • Provide you more tailored advertising;
  • Operate the Site and prepare aggregate traffic information;
  • Conduct research and analysis and improve our products and marketing efforts;
  • Determine and track customer interests, needs, and preferences;
  • Operate our business;
  • Facilitate corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers;
  • Ensure safety of person or property;
  • Ask if you would like for us to share your information with third parties;
  • Recognize your browser/device and remember your preferences and interactions
  • Operate, enable, and improve the Site and its content/functionality;
  • Understand how you interact with the Site and enhance your experience on the Site by providing a more personal and interactive experience;
  • Track visits to the Site and usage analytics (e.g. page response times, download errors, length of visit, webpages visited, etc.);
  • Manage and maintain the security of the Site; and
  • Provide notice of changes to the Site or the services we offer or provide through it.

Please see the “Cookies and Similar Technologies” section of this Policy for more information, including information about the specific technologies in use.

Geolocation data

Examples: Location data automatically collected during use of the Site; location data provided when locating stores; time zone; shipping and billing information

Purposes for Which Category Will Be Used: We use this category of personal information to:

  • Process your purchases and returns;
  • Process your payments and refunds;
  • Provide you with information about our products and services;
  • Contact you about products or services that may be of interest to you;
  • Enable you to track the status of your purchase or return;
  • Establish and maintain your user account with us;
  • Administer a contest, sweepstakes, promotion, or survey;
  • Enable you to share reviews, comments, questions, and answers;
  • Provide you more tailored advertising;
  • Operate the Site and prepare aggregate traffic information;
  • Operate our business;
  • Facilitate corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers;
  • Ensure safety of person or property;
  • Ask if you would like for us to share your information with third parties;
  • Operate, enable, and improve the Site and its content/functionality;
  • Track visits to the Site and usage analytics (e.g. page response times, download errors, length of visit, webpages visited, etc.); and
  • Manage and maintain the security of the Site.

Audio, electronic, visual, thermal, olfactory, or similar information

Examples: Call center recordings and electronic communications with us

Purposes for Which Category Will Be Used: We use this category of personal information to:

  • Process your purchases and returns;
  • Process your payments and refunds;
  • Detect fraud and prevent loss;
  • Provide you with information about our products and services;
  • Contact you about products or services that may be of interest to you;
  • Enable you to track the status of your purchase or return;
  • Establish and maintain your user account with us;
  • Manage our relationship with you;
  • Allow you to contact us and facilitate your communication with us;
  • Respond to your feedback, requests, questions, or inquiries;
  • Enable you to share reviews, comments, questions, and answers;
  • Register you for our email distribution lists;
  • Send you periodic emails;
  • Administer a contest, sweepstakes, promotion, or survey;
  • Provide you more tailored advertising;
  • Engage with you on social media;
  • Conduct research and analysis and improve our products and marketing efforts;
  • Determine and track customer interests, needs, and preferences;
  • Improve our customer service;
  • Operate our business;
  • Facilitate corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers;
  • Ensure safety of person or property; and
  • Ask if you would like for us to share your information with third parties.

 

Additional Data Collection and Uses:  We will not collect categories of personal information other than those disclosed above without providing a new notice at collection.  In addition, we will not use your personal information for any purpose other than those disclosed above.  If we intend to use your personal information for a purpose that was not previously disclosed in the notice at collection, we will directly notify you of the new use and obtain consent from you to use it for the new purpose.

Is entry of personal information required?  You may choose not to provide us with personal information, but you will not be able to access portions of the Site that require your personal information (such as completing online orders).  Some pages of the Site, including our online forms and applications, may give you the option of providing certain of your personal information.  If you want to change or update any information about yourself that you have submitted, you may contact us via the contact methods listed at the end of this Policy.

Public Comments. Some areas of our Site may offer forums or provide the opportunity for users to post comments or reviews in a public forum. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information.  If you decide to submit your personal information in these areas, you do so at your own risk and acknowledge that the information will be publicly-available.

PERSONAL INFORMATION COLLECTION DURING LAST 12 MONTHS

Personal Information Collected: We have collected the categories of personal information listed below during the preceding 12 months, and we used that data for the purposes identified under each category.

  1. Identifiers
    1. Examples: real name, alias, postal address, unique personal identifier, online identifier Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers
    2. Categories of Sources: You, the consumer
    3. Business and Commercial Purposes for Collecting:  We use this category of personal information to:
  • Process your purchases and returns;
  • Process your payments and refunds;
  • Detect fraud and prevent loss;
  • Provide you with information about our products and services;
  • Contact you about products or services that may be of interest to you;
  • Enable you to track the status of your purchase or return;
  • Establish and maintain your user account with us;
  • Manage our relationship with you;
  • Allow you to contact us and facilitate your communication with us;
  • Respond to your feedback, requests, questions, or inquiries;
  • Register you for our email distribution lists;
  • Send you periodic emails;
  • Administer a contest, sweepstakes, promotion, or survey;
  • Enable you to share reviews, comments, questions, and answers;
  • Provide you more tailored advertising;
  • Operate the Site and prepare aggregate traffic information;
  • Engage with you on social media;
  • Operate our business;
  • Facilitate corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers;
  • Ensure safety of person or property; and
  • Ask if you would like for us to share your information with third parties.

 

    1. Categories of third parties with whom we share personal information:  We have shared this category of personal information with the following categories of third parties: 
  • Subsidiaries and affiliates
  • Service providers (e.g. accounts, attorneys, advisors, mailing, marketing, shipping fulfillment, payment processing, Site administration, technical support, modeling, analytics)
  1. Categories of personal information described in California’s data breach notification law
    1. Examples: name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information
    2. Categories of Sources: You, the consumer
    3. Business and Commercial Purposes for Collecting:  We use this category of personal information to:
  • Process your purchases and returns;
  • Process your payments and refunds;
  • Detect fraud and prevent loss;
  • Provide you with information about our products and services;
  • Contact you about products or services that may be of interest to you;
  • Enable you to track the status of your purchase or return;
  • Establish and maintain your user account with us;
  • Manage our relationship with you;
  • Allow you to contact us and facilitate your communication with us;
  • Respond to your feedback, requests, questions, or inquiries;
  • Register you for our email distribution lists;
  • Send you periodic emails;
  • Administer a contest, sweepstakes, promotion, or survey;
  • Enable you to share reviews, comments, questions, and answers;
  • Provide you more tailored advertising;
  • Operate the Site and prepare aggregate traffic information;
  • Engage with you on social media;
  • Operate our business;
  • Facilitate corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers;
  • Ensure safety of person or property; and
  • Ask if you would like for us to share your information with third parties.

 

    1. Categories of third parties with whom we share personal information:  We have shared this category of personal information with the following categories of third parties: 
  • Subsidiaries and affiliates
  • Service providers (e.g. accounts, attorneys, advisors, mailing, marketing, shipping fulfillment, payment processing, Site administration, technical support, modeling, analytics)
  1. Commercial information
    1. Examples: Records of personal property, products or services (work, labor, and services, including services furnished in connection with the sale or repair of goods) purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
    2. Categories of Sources: You, the consumer
    3. Business and Commercial Purposes for Collecting: We use this category of personal information to:
  • Process your purchases and returns;
  • Process your payments and refunds;
  • Provide you with information about our products and services;
  • Detect fraud and prevent loss;
  • Contact you about products or services that may be of interest to you;
  • Enable you to track the status of your purchase or return;
  • Establish and maintain your user account with us;
  • Manage our relationship with you;
  • Respond to your feedback, requests, questions, or inquiries;
  • Enable you to share reviews, comments, questions, and answers;
  • Administer a contest, sweepstakes, promotion, or survey;
  • Provide you more tailored advertising;
  • Conduct research and analysis and improve our products and marketing efforts;
  • Determine and track customer interests, needs, and preferences;
  • Develop new products and services;
  • Improve our customer service;
  • Maintain insurance for our business;
  • Maintain our inventory records and perform our accounting and audit functions;
  • Operate our business;
  • Facilitate corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers;
  • Ensure safety of person or property; and
  • Ask if you would like for us to share your information with third parties.
    1. Categories of third parties with whom we share personal information:  We have shared this category of personal information with the following categories of third parties: 
  • Subsidiaries and affiliates
  • Service providers (e.g. accounts, attorneys, advisors, mailing, marketing, shipping fulfillment, payment processing, Site administration, technical support, modeling, analytics
  1. Internet or other electronic network activity information
    1. Examples: browsing history; search history; internet service provider (ISP); type of computer; type of web browser; URLs of any referring or exited webpages; operating system; information about your interaction with the Site or advertisements on it; data about which pages you visit; the date and time of your visit; your domain server; and your browser type
    2. Categories of Sources: You, the consumer
    3. Business and Commercial Purposes for Collecting: We use this category of personal information to:
  • Detect fraud and prevent loss;
  • Contact you about products or services that may be of interest to you;
  • Respond to your feedback, requests, questions, or inquiries;
  • Provide you more tailored advertising;
  • Operate the Site and prepare aggregate traffic information;
  • Conduct research and analysis and improve our products and marketing efforts;
  • Determine and track customer interests, needs, and preferences;
  • Operate our business;
  • Facilitate corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers;
  • Ensure safety of person or property;
  • Ask if you would like for us to share your information with third parties;
  • Recognize your browser/device and remember your preferences and interactions
  • Operate, enable, and improve the Site and its content/functionality;
  • Understand how you interact with the Site and enhance your experience on the Site by providing a more personal and interactive experience;
  • Track visits to the Site and usage analytics (e.g. page response times, download errors, length of visit, webpages visited, etc.);
  • Manage and maintain the security of the Site; and
  • Provide notice of changes to the Site or the services we offer or provide through it.

Please see the “Cookies and Similar Technologies” section of this Policy for more information.

 

    1. Categories of third parties with whom we share personal information:  We have shared this category of personal information with the following categories of third parties: 
  • Subsidiaries and affiliates
  • Service providers (e.g. accounts, attorneys, advisors, mailing, marketing, shipping fulfillment, payment processing, Site administration, technical support, modeling, analytics
  1. Geolocation data
    1. Examples: Location data automatically collected during use of the Site; location data provided when locating stores; shipping and billing information
    2. Categories of Sources: You, the consumer
    3. Business and Commercial Purposes for Collecting: We use this category of personal information to:
  • Process your purchases and returns;
  • Process your payments and refunds;
  • Provide you with information about our products and services;
  • Contact you about products or services that may be of interest to you;
  • Enable you to track the status of your purchase or return;
  • Establish and maintain your user account with us;
  • Administer a contest, sweepstakes, promotion, or survey;
  • Enable you to share reviews, comments, questions, and answers;
  • Provide you more tailored advertising;
  • Operate the Site and prepare aggregate traffic information;
  • Operate our business;
  • Facilitate corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers;
  • Ensure safety of person or property;
  • Ask if you would like for us to share your information with third parties;
  • Operate, enable, and improve the Site and its content/functionality;
  • Track visits to the Site and usage analytics (e.g. page response times, download errors, length of visit, webpages visited, etc.); and
  • Manage and maintain the security of the Site.

 

    1. Categories of third parties with whom we share personal information:  We have shared this category of personal information with the following categories of third parties: 
  • Subsidiaries and affiliates
  • Service providers (e.g. accounts, attorneys, advisors, mailing, marketing, shipping fulfillment, payment processing, Site administration, technical support, modeling, analytics
  1. Audio, electronic, visual, thermal, olfactory, or similar information
    1. Examples: Call center recordings and electronic communications with us
    2. Categories of Sources: You, the consumer
    3. Business and Commercial Purposes for Collecting: We use this category of personal information to:
  • Process your purchases and returns;
  • Process your payments and refunds;
  • Detect fraud and prevent loss;
  • Provide you with information about our products and services;
  • Contact you about products or services that may be of interest to you;
  • Enable you to track the status of your purchase or return;
  • Establish and maintain your user account with us;
  • Manage our relationship with you;
  • Allow you to contact us and facilitate your communication with us;
  • Respond to your feedback, requests, questions, or inquiries;
  • Enable you to share reviews, comments, questions, and answers;
  • Register you for our email distribution lists;
  • Send you periodic emails;
  • Administer a contest, sweepstakes, promotion, or survey;
  • Provide you more tailored advertising;
  • Engage with you on social media;
  • Conduct research and analysis and improve our products and marketing efforts;
  • Determine and track customer interests, needs, and preferences;
  • Improve our customer service;
  • Operate our business;
  • Facilitate corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers;
  • Ensure safety of person or property; and
  • Ask if you would like for us to share your information with third parties.

 

    1. Categories of third parties with whom we share personal information:  We have shared this category of personal information with the following categories of third parties: 
  • Subsidiaries and affiliates
  • Service providers (e.g. accounts, attorneys, advisors, mailing, marketing, shipping fulfillment, payment processing, Site administration, technical support, modeling, analytics

Personal Information Sold: We do not sell personal information, and we have not sold personal information during the preceding 12 months.

Personal Information Disclosed for a Business Purpose: We have disclosed for a business purpose the categories of personal information listed below during the preceding 12 months:

  • Identifiers
  • Categories of personal information described in California’s data breach notification law
  • Commercial information
  • Internet or other electronic network activity information
  • Geolocation data
  • Audio, electronic, visual, thermal, olfactory, or similar information

We share your personal information with our service providers that need access to your information to provide operational or other support services on our behalf.  Service providers help us administer the Site; support our provision of services/products requested by you; provide technical support; send marketing, promotions and communications to you about our services/products; provide payment processing; and assist with other legitimate purposes permitted by law.  For example:

  • Shopify.  We use Shopify to power our online store, and they are our ecommerce vendor.  In order to provide the Site and our ecommerce platform, Shopify collects your name, email address, shipping and billing address, payment information, phone number, IP address, information about orders that are initiated, information about the Shopify-supported merchant stores that are visited by you, and information about the device and browser that you use.  Shopify uses this information to provide us with the services, including supporting and processing orders, risk and fraud screening, authentication, and payments. Shopify also uses this information to improve its services. Because we use Shopify Pay, Shopify also stores and uses this information to pre-fill customer checkout information. Shopify also uses this information to help customize and improve the experience when you visit our store by presenting the goods and services that are more likely to be of interest to you. Shopify also uses personal information to conduct automated decision-making. For example, Shopify uses certain personal information (for example, IP addresses or payment information) to automatically block certain potentially fraudulent transactions for a short period of time. You can read more about how Shopify uses and shares personal information here: https://www.shopify.com/legal/privacy.
  • ShipStation. We rely on ShipStation to assist with order fulfillment.  To provide these services and to fulfill your orders, ShipStation has access to the following personal information:  names, email addresses, phone numbers, physical addresses, geolocations, IP addresses, browser user agents, Shopify account, and phone numbers. ShipStation can modify orders, transactions, and fulfillments; read products, variants, and collections; read inventory; read locations; and read orders, transactions, and fulfillments. You can read more about how ShipStation uses and shares personal information here: https://www.shipstation.com/privacy-policy/.
  • SurveyMonkey. We use SurveyMonkey to provide online surveys, and it can read products, variants, and collections; modify customer details and customer groups; modify orders, transactions, and fulfillments; read analytics; read checkouts; read customer details and customer groups; and read orders, transactions, and fulfillments. To provide these services, SurveyMonkey has access to the following personal information:  customer names, email addresses, phone numbers, physical addresses, geolocations, IP addresses, and browser user agents.  You can read more about how SurveyMonkey uses and shares personal information here: https://www.surveymonkey.com/mp/legal/privacy-policy.

NO FINANCIAL INCENTIVES

We do not offer financial incentives or any price or service difference in exchange for the retention or sale of your personal information.

COOKIES AND SIMILAR TECHNOLOGIES

First-Party and Third-Party Cookies

A “cookie” is a small file created by a web server that can be stored on your device (if you allow) for use either during a particular browsing session (a “session” cookie) or a future browsing session (a “persistent” cookie).  “Session” cookies are temporarily stored on your hard drive and only last until they expire at the end of your browsing session.  “Permanent” cookies remain stored on your hard drive until they expire or are deleted by you.  Local stored objects (or “flash” cookies) are used to collect and store information about your preferences and navigation to, from, and on a website.

First-party cookies are set by the Site, and they can only be read by the Site.  Third Party Cookies are set by a party other than us. We use first-party and third-party session, persistent, and/or flash cookies and the information collected by them for the purposes identified in the Notice at Collection.

Similar Technologies

In addition to cookies, there are other automatic data collection technologies, such as Internet tags, web beacons (clear gifs, pixel tags, and single-pixel gifs), and navigational data collection (log files, server logs, etc.) that can be used to collect data as users navigate through and interact with the Site:

  • Web beacons: These are tiny graphics (sometimes called “clear GIFs” or “web pixels”) with unique identifiers that are used to understand browsing activity.  In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are rendered invisible on web pages when you open a page.
  • Social Widgets: These are buttons or icons provided by third-party social media providers that allow you to interact with social media services when you view a webpage or mobile app screen. These social widgets may collect browsing data, which may be received by the third party that provided the widget and are controlled by third parties.
  • UTM Codes: These are strings that can appear in a URL (the “Uniform Resource Locator,” which is typically the http or https address entered to go to a web page) when you move from one web page or website to another, where the string can represent information about browsing, such as which advertisement, page, or publisher sent the user to the receiving website.

We use similar technologies and the information collected by them for the purposes identified in the Notice at Collection.

Other Third-Party Technologies

Some third parties may use automated data collection technologies to collect information about you when you when you browse the Internet.  The information they collect about your online browsing activities over time and across different websites and other online services may be associated with your personal information and used to provide you with targeted content.  We do not control these third parties’ technologies or how they may be used.  If you have any questions about targeted content, you should contact the responsible party directly or consult their privacy policies.

Choices About Cookies

We provide you with choices regarding the personal information you provide to us, and we have created ways to give you control over your information.  Most web browsers are set by default to accept cookies.  If you do not wish to receive cookies, you may set your browser to refuse all or some types of cookies or to alert you when cookies are being sent by website tracking technologies and advertising.  You may adjust your browser settings to opt out of accepting a “persistent” cookie and to only accept “session” cookies, but you will need to log in each time you want to enjoy the full functionality of the Site.

Please be aware that, if you decline the use of cookies, you may not have access to the full benefits of the Site.  In addition, adjusting the cookie settings on the Site may not fully delete all of the cookies that have already been created.  To delete them, visit your web browser settings after you have changed your Cookie Settings on the Site.  Additional information is provided below about how to disable cookies or manage the cookie settings for some of the leading web browser providers:

Google Chrome:          https://support.google.com/chrome/answer/95647?hl=en

Firefox:                       https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

Internet Explorer:       http://windows.microsoft.com/en-GB/windows-vista/Block-or-allow-cookies

Safari:                         http://help.apple.com/safari/mac/8.0/#/sfri11471

To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website at: https://www.macromedia.com/support/documentation/en/flashplayer/help/help09.html.

For more information on how to modify your browser settings to block or filter cookies, visit http://www.aboutcookies.org/ or http://www.cookiecentral.com/faq/.  You may learn more about internet advertising practices and related consumer resources at http://www.aboutads.info/consumers/, http://www.networkadvertising.org/choices, and http://youronlinechoices.eu/.  You can also opt out of targeted advertising on various third-party platforms by using the links below:

HOW LONG DO WE STORE AND USE YOUR PERSONAL INFORMATION?

We will retain and use your personal information for as long as is necessary to fulfill the purposes for which it was collected, to comply with our business requirements and legal obligations, to resolve disputes, to protect our assets, to provide our products and services, and to enforce our agreements.  When you place an order through the Site, we will maintain your order information for our records.

When we no longer have a reason for retaining your personal information, we will securely destroy your personal information in accordance with applicable law and our policies. We take reasonable steps to delete the personal information we collect about you, where we have a legal obligation to do so, if you ask us to delete your information, unless we determine that doing so would violate our existing, legitimate legal, regulatory, dispute resolution, contractual, or similar obligations.  To the extent permitted by law, we may retain and use anonymous and aggregated information for performance reporting, benchmarking, and analytic purposes and for product and service improvement.

We are required by law to maintain records of consumer requests submitted under the California Consumer Privacy Act and how we responded to such requests for at least 24 months.  We only use this information for recordkeeping purposes.

HOW DO WE PROTECT YOUR PERSONAL INFORMATION?

We have put security measures in place to protect the personal information that you share with us from being accidentally lost, used, altered, or disclosed or accessed in an unauthorized manner. From time to time, we review our security procedures to consider appropriate new technology and methods.

We use a secure server.  We do not store or save your financial information. While our security measures seek to protect your personal information in our possession, no security system is perfect, and no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our Site, and you do so at your own risk.  We cannot promise that your personal information will remain absolutely secure in all circumstances.

We also use reasonable security measures when transmitting personal information to consumers in response to requests under the California Consumer Privacy Act.  We have implemented reasonable security measures to detect fraudulent identify-verification activity and to prevent the authorized access to or deletion of personal information.

The safety and security of your personal information also depends on you. Where you use a password for access to restricted parts of the Site, you are responsible for keeping the password confidential.  Do not share your password with anyone.

If a data breach compromises your personal information, we will notify you and any applicable regulator when we are required to do so by applicable law.

RIGHTS AND CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

Please use the Contact Us details at the end of this Policy to exercise your rights and choices under this Policy.  If you would like to manage, change, limit, or delete your personal information or if you no longer want to receive any email, postal mail, or telephone contact from us in the future, such requests may be submitted via the Contact Us details at the end of this Policy.

Email Opt-Out. If you no longer wish to receive communications from us via email, you may opt-out by clicking the “unsubscribe” link available at the bottom of our email communications or by contacting us at privacy@bushbros.com and providing your name, mailing address, and email address so that we may identify you in the opt-out process.  Once we receive your instruction, we will promptly take corrective action.

Cookies.  You may set your browser to refuse all or some browser cookies or to alert you when cookies are being set.  For more information on how to modify your browser settings to block or filter cookies, visit http://www.aboutcookies.org/ or http://www.cookiecentral.com/faq/You may learn more about internet advertising practices and related consumer resources at http://www.aboutads.info/consumers/, http://www.networkadvertising.org/choices, and http://youronlinechoices.eu/.

Accuracy and Updating Your Personal Information. Our goal is to keep your personal information accurate, current, and complete. If any of the personal information you have provided to us changes, please let us know via “Contact Us” details provided at the end of this Policy.  You may also edit your account details if you have a user account through the Site.  For instance, if your email address changes, you may wish to let us know so that we can communicate with you. If you become aware of inaccurate personal information about you, you may want to update your information.  We are not responsible for any losses arising from any inaccurate, inauthentic, deficient or incomplete personal data that you provide to us.

Preferences.  If you wish to change your communication preferences or ask that we restrict how we use your personal information, please contact us using the information in the “Contact Us” section of this Policy.  You may follow opt-out links on any marketing communications sent to you.

Complaints. If you believe that your rights relating to your personal information have been violated, you may lodge a complaint with us by contacting us using the information provided in the “Contact Us” section of this Policy.

Nevada Residents. Effective October 1, 2019, you may submit a verified request to us at privacy@bushbros.com to request that we not make any sale (as defined under Nevada law) of any covered information (as defined under Nevada law) that we have collected or will collect about you. We will respond to any such request as required by Nevada law.  Please note that we do not sell any covered information (as defined under Nevada law).

 

DO NOT SELL MY PERSONAL INFORMATION

Under the California Consumer Privacy Act (CCPA), you have the right to direct us to stop selling your personal information to third parties and to refrain from doing so in the future.  For purposes of the CCPA, we do not sell personal information as defined under applicable law.

CCPA REQUESTS TO KNOW AND REQUESTS TO DELETE

As described in more detail below, the CCPA gives consumers the right to request that we (1) disclose what personal information we collect, use, disclose, and sell, and (2) delete certain personal information that we have collected or maintain.  You may submit these requests to us as described below, and we honor these rights where they apply.

However, by way of example, these rights do not apply where we collect or sell a consumer’s personal information if: (1) we collected that information while the consumer was outside of California, (2) no part of a sale of the consumer’s personal information occurred in California, and (3) no personal information collected while the consumer was in California is sold.  In addition, de-identified information is not subject to these rights.

If a request is submitted in a manner that is not one of the designated methods for submission, or if the request is deficient in some manner unrelated to our verification process, we will either (1) treat the request as if it had been submitted in accordance with the designated manner, or (2) provide you with specific directions on how to submit the request or remedy any deficiencies with the request, as applicable.

Request to Know

As described below, you have the right to request: (1) the specific pieces of personal information we have collected about you; (2) the categories of personal information we have collected about you; (3) the categories of sources from which the personal information is collected; (4) the categories of personal information about you that we have sold and the categories of third parties to whom the personal information was sold; (5) the categories of personal information about you that we disclosed for a business purpose and the categories of third parties to whom the personal information was disclosed for a business purpose; (6) the business or commercial purpose for collecting, disclosing, or selling personal information; and (7) the categories of third parties with whom we share personal information.  Our response will cover the 12-month period preceding our receipt of a verifiable request.

Submission Instructions.  You may submit a request to know via the Site and our toll-free telephone number (844-922-2874). You may also submit a request via email to privacy@bushbros.com. If you maintain an account with us, we may require you to submit the request through that account.

Verification Process.   We are required by law to verify the identities of those who submit requests to know, and our verification process is described in detail below.   We will inform you if we cannot verify your identity.

  • If we cannot verify the identity of the person making a request for categories of personal information, we may deny the request. If the request is denied in whole or in part for this reason, we will provide a copy of, or direct you to, our privacy policy.
  • If we cannot verify the identity of the person making the request for specific pieces of personal information, we are prohibited from disclosing any specific pieces of personal information to the requestor.  However, if denied in whole or in part for this reason, we will evaluate the request as if it is seeking the disclosure of categories of personal information about the consumer.
  • If there is no reasonable method by which we can verify the identity of the requestor to the degree of certainty required, we will state this in our response and explain why we have no reasonable method by which we can verify the identity of the requestor.

 

Response Process. Upon receiving a request to know, we will confirm receipt of the request within 10 days and provide information about how we will process your request. The information provided will describe our verification process and when you should expect a response from us (unless we have already granted or denied the request).  In general, we will respond to the request within 45 days from the day we receive it; but, if necessary, we may take up to an additional 45 days to respond to your request.  If an extension is needed, we will notify you of the extension and explain the reasons that responding to your request will take more than 45 days.

Once verification is complete, we will associate the information provided by you in the verifiable consumer request to any personal information previously collected by us about you.  We will promptly take steps to disclose and deliver, free of charge to you, the information requested.  We will provide an individualized response to requests regarding categories of personal information as required by applicable law; but, we may refer you to our general practices outlined in this Policy when our response would be the same for all consumers and all the information that is otherwise required to be in a response is presented here.

If you do not have a password-protected account with us, we may respond to a request to know related to household personal information by providing aggregate household information.  If all consumers of a household jointly request access to specific pieces of personal information for the household, we will comply with the request if we can verify the identity of each consumer.

Delivery. Except as otherwise provided by applicable law, the information will be provided in writing and may be delivered through your account with us.  If you do not maintain an account with us, we will respond by mail or electronically (at your option) in a portable and, to the extent technically feasible, readily-useable format that allows you to transmit the information to another entity.  Alternatively, we may offer a secure self-service portal for consumers to access, view, and receive a portable copy of their personal information.  If we do not take action on your request, we will, without delay and, at the latest, within the time period permitted for our response, inform you of the reasons that we did not take action and any rights you may have to appeal the decision.

Limitations. We are committed to responding to requests to know in accordance with applicable law.  However, your rights are subject to the following limitations:

  • We are only required to respond to requests to know twice in a 12-month period.
  • We are not permitted to provide specific pieces of personal information if the disclosure creates a substantial, articulable, and unreasonable risk to (1) the security of that personal information, (2) the consumer’s account with us, or (3) the security of our systems or networks. 
  • We are prohibited from disclosing Social Security numbers, driver’s license numbers, other government-issued identification numbers, financial account numbers, health insurance numbers, medical identification numbers, account passwords, and security questions and answers.

 

Denials. If we deny a verified request to know specific pieces of personal information, in whole or in part, because of a conflict with federal or state law, or an exception under applicable law, we will inform the requestor and explain the basis for the denial.  If the request is denied only in part, we will disclose the other information sought by the consumer.

Request to Delete

You have a right to request the erasure/deletion of certain personal information collected or maintained by us.  As described below, we will delete your personal information from our records and direct any service providers (as defined under applicable law) to delete your personal information from their records.

Submission Instructions:  You may submit a request to delete via our toll-free telephone number (844-922-2874) and via email to privacy@bushbros.comWe may present you with the choice to delete select portions of your personal information, but a global option to delete all personal information will be offered and more prominently presented.

Verification Process .  We are required by law to verify the identities of those who submit requests to delete, and our verification process is described in detail below.   We will inform you if we cannot verify your identity. 

  • If we cannot verify the identity of the person making a request to delete, we may deny the request.  We will, however, treat the request as a request to opt-out of sales of personal information.
  • If there is no reasonable method by which we can verify the identity of the requestor to the degree of certainty required, we will state this in our response and explain why we have no reasonable method by which we can verify the identity of the requestor.

 

Response Process. Upon receiving a request to delete, we will confirm receipt of the request within 10 days and provide information about how we will process your request.  The information provided will describe our verification process and when you should expect a response from us (unless we have already granted or denied the request).  We will use a two-step process for online requests to delete in which you must first, clearly submit the request to delete and then second, separately confirm that you want your personal information deleted.  In general, we will respond to the request within 45 days from the day we receive it; but, if necessary, we may take up to an additional 45 days to respond to your request.  If an extension is needed, we will notify you of the extension and explain the reasons that responding to your request will take more than 45 days.

Once verification is complete, we will take one of the following actions: (1) permanently and completely erase the personal information on our existing systems (with the exception of archived or back-up systems); (2) de-identify the personal information; or (3) aggregate the personal information.  For personal information stored on archived or backup systems, we may delay compliance with your request to delete for that data until the archived or backup system is next accessed or used.

If you do not have a password-protected account with us, we may respond to a request to delete related to household personal information by providing aggregate household information.  If all consumers of a household jointly request deletion for the household, we will comply with the request if we are able to verify the identity of each consumer.

Delivery.  In our response to you, we will specify the manner in which we deleted your personal information. We will also inform you of our obligation to maintain a record of the request under California law.

Limitations.  We are committed to responding to requests to delete in accordance with applicable law.  However, we are not required to delete your personal information if it is necessary for us (or our service providers) to maintain your personal information in order to:

  • Complete the transaction for which the personal information was collected;
  • Fulfill the terms of a written warranty or product recall conducted in accordance with federal law;
  • Provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you;
  • Otherwise perform a contract between us and you;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
  • Debug to identify and repair errors that impair existing intended functionality;
  • Exercise free speech, ensure the right of another consumer to exercise his/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, if you have provided informed consent;
  • Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
  • Comply with a legal obligation; and
  • Otherwise use the personal information, internally, in a lawful manner that is compatible with the context in which the information was provided.

Denials.  If we deny your request, we will (1) inform you that we will not comply with the request and describe the basis for the denial, including any applicable statutory and regulatory exceptions; (2) delete the personal information that is not subject to the exception; and (3) not use the personal information retained for any other purpose than provided for by the applicable exception(s).

Verification Procedures

To determine whether the individual making the request is the consumer about whom we have collected information, we will verify your identity by matching the identifying information provided by you in the request to the personal information that we already maintain about you.  As a part of this process, you will be required to provide your name, email address, and phone number. We require different levels of authentication based upon the nature of the personal information requested. A more stringent verification process is applied when (1) sensitive or valuable personal information is involved, (2) there is a greater risk of harm to the consumer, and/or (3) there is a higher likelihood that fraudulent or malicious actors would request the information.

If we cannot verify your identity based on the information already maintained, we may request additional information from you.  We will try to limit the information collected, and we will only use this information to verify your identity and for security or fraud-prevention purposes.  Except as required by law, we will delete any new personal information collected for the purposes of verification as soon as practical after processing the request. Due to the nature of the information collected that can be associated with an individual, there may not be a reasonable method by which we can verify the identity of all consumers whose personal information we hold to the degree of certainty required.

Password-Protected Account. If you have a password-protected account with us, we may verify your identity through our existing authentication practices for the account. We will require you to re-authenticate yourself before disclosing or deleting your data.  If we suspect fraudulent or malicious activity on or from the password-protected account, we will not comply with the request until further verification procedures determine that the request is authentic and that the consumer making the request is the person about whom we have collected information.

Request to Know Categories. For a request to know categories of personal information, we will verify the identity of the consumer making the request to a “reasonable degree of certainty” by matching at least two (2) data points provided by the consumer with data points maintained by us, which we have determined to be reliable for the purpose of verifying the consumer.

Request to Know Specific Pieces. For a request to know specific pieces of personal information, we will verify the identity of the consumer making the request to a “reasonably high degree of certainty” by matching at least three (3) pieces of personal information provided by the consumer with personal information maintained by us, which we have determined to be reliable for the purpose of verifying the consumer, together with a signed declaration under penalty of perjury that the requestor is the consumer whose personal information is the subject of the request. We are required by law to maintain all signed declarations as part of our record-keeping obligations.

Request to Delete.  For a request to delete, we will verify the identity of the consumer to a “reasonable degree of certainty” or a “reasonably high degree of certainty,” depending on the sensitivity of the personal information and the risk of harm to the consumer posed by unauthorized deletion.  For example, the deletion of family photographs and documents may require a reasonably high degree of certainty, while the deletion of browsing history may require a reasonable degree of certainty.

Authorized Agents

You may designate an authorized agent to make requests on your behalf by contacting us via our toll-free telephone number (844-922-2874) or via email to privacy@bushbros.com.  If you use an authorized agent to submit a request to know or a request to delete, we may require you to: (1) provide the authorized agent with written permission to do so; and (2) verify your identity directly with us.  However, we will not require these actions if you have provided the authorized agent with power of attorney pursuant to the California Probate Code.  We may deny a request from an agent that does not submit proof that they have been authorized by the consumer to act on their behalf.

Excessive Requests

If requests from a consumer are manifestly unfounded or excessive, in particular because of their repetitive character, we may either (1) charge a reasonable fee, or (2) refuse to act on the request and notify the consumer of the reason for refusing the request.  If we charge a fee, the amount will be based upon the administrative costs of providing the information or communication or taking the action requested.

CCPA NON-DISCRIMINATION

You have the right not to receive discriminatory treatment by us due to your exercise of the rights provided by the California Consumer Privacy Act.  We do not offer financial incentives and price or service differences, and we do not discriminate against consumers for exercising their rights under the CCPA.

CALIFORNIA SHINE THE LIGHT

Under California Civil Code Section 1798.83, California residents who provide personal information in obtaining products or services for personal, family, or household use may be entitled to request and obtain from us once a calendar year information about the information we shared, if any, with other businesses for direct marketing uses. At present, we do not share your personal information with third parties for those third parties’ direct marketing purposes. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing, if any, will be included in our response.  As part of the California Online Privacy Protection Act, all users of our Site may make any changes to their information at any time by contacting us at privacy@bushbros.com.

THIRD-PARTY SITES

This Policy is applicable only to the Site, and it does not apply to any third-party websites. 

The Site may contain links to, and media and other content from, third-party websites.  These links are to external websites and third parties with which we may have no relationship.  Because of the dynamic media capabilities of the Site, it may not be clear to you which links are to the Site and which are to external, third-party websites.  If you click on an embedded third-party link, you will be redirected away from the Site to the external third-party website.  You can check the URL to confirm that you have left this Site.

We cannot and do not (1) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by any third parties or their websites, (2) control third parties’ independent collection or use or your personal information, or (3) endorse any third-party information, products, services or websites that may be reached through embedded links on this Site.

Any personal information provided by you or automatically collected from you by a third party will be governed by that party’s privacy policy and terms of use.  If you are unsure whether a website is controlled, affiliated, or managed by us, you should review the privacy policy and practices applicable to each linked website.

OUR SITES ARE NOT INTENDED FOR CHILDREN

The Children’s Online Privacy Protection Act (“COPPA”), as well as other data privacy regulations, restrict the collection, use, or disclosure of personal information from and about children on the Internet.  Our Site and services are not directed to children aged 16 or younger, nor is information knowingly collected from children under the age of 16.  No one under the age of 16 may access, browse, or use the Site or provide any information to or on the Site.  If you are under 16, please do not use or provide any information on the Site (including, for example, your name, telephone number, email address, or username).  If we learn that we have collected or received personal information from a child under the age of 16 without a parent’s or legal guardian’s consent, we will take steps to stop collecting that information and delete it. If you believe we might have any information from or about a child under the age of 16, please contact us using the contact information provided below.

For more information about COPPA, please visit the Federal Trade Commission's website at: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule.

UPDATES AND CHANGES TO THIS POLICY

We reserve the right, at any time, to add to, change, update, or modify this Policy to reflect any changes to the way in which we treat your personal information or in response to changes in law. Should this Policy change, we will post all changes we make to this Policy on this page.  If we make material changes to how we treat your personal information, we will also notify you through a notice on the home page of the Site for a reasonable period of time. Any such changes, updates, or modifications shall be effective immediately upon posting on the Site. The date on which this policy was last modified is identified at the beginning of this Policy.

You are expected to, and you acknowledge and agree that it is your responsibility to, carefully review this Policy prior to using the Site, and from time to time, so that you are aware of any changes.  Your continued use of the Site after the “Last Updated” date will constitute your acceptance of and agreement to such changes and to our collection and sharing of your personal information according to the terms of the then-current Policy.  If you do not agree with this Policy and our practices, do not access, view, or use any part of the Site.

CONTACT US

For more information, or if you have any questions or concerns regarding this Privacy Policy, wish to exercise your rights, or wish to lodge a complaint with us, you may contact us using the information below, and we will do our best to assist you. Please note, if your communication is sensitive, you may wish to contact us by postal mail or telephone.

In Writing:   Bush Brothers & Company

1016 East Weisgarber Road

Knoxville, TN 37909-2669

By Telephone: 844-922-2874

By Email: privacy@bushbros.com

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