Privacy Notice
Last Updated: June 29, 2023
This privacy notice (“Privacy Notice”) is intended to provide you with specific details about how NatureSmart, LLC, a Delaware Limited Liability Company (“5th Season,” “we,” and “us”), collects and processes your personal and personally identifiable information through your use of its website and associated services (collectively, the “Website”).
You understand and agree that 5th Season may store and process your personal information on computers located outside of your jurisdiction, including, but not limited to, in the United States. By using the Website, you agree to the collection and processing of your personal or personally identifiable information outside of your jurisdiction.
Before using the Website or providing information to us, please carefully review this Privacy Notice. By using or accessing the Website, you agree that we may collect and use your personal and personally identifiable information in accordance with this Privacy Notice, as revised from time to time. 5th Season may modify, amend, replace, or suspend this Privacy Notice at any time. If you have any questions or suggestions regarding our Privacy Notice, or if your personal information is not accurate or complete, please contact us at:
Privacy Officer
NatureSmart, LLC
700 Kinderkamack Road, Suite 314 Oradell NJ 07649
By providing 5th Season with your personal or personally identifiable data and using the website, you warrant that you are over the age of eighteen (18) or otherwise above the age of majority within your jurisdiction. If you are younger than eighteen (18) or the age of majority within your jurisdiction, please do not use the 5th Season website and please do not provide personal information to us.
What information do we collect and how do we use it?
When you use the website, we may collect personal or personally identifiable information from you (“PII”). PII may include any information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual. It does not include anonymized data.
We may collect and process the following categories of PII about you:
- Communication Data. Communication data includes any communication that you may send to us through the website, email, or social media. We process this data to communicate with you by email or other means, to provide you with customer support, to record logs of our communication, and to store information to respond to legal claims. 5th Season’s lawful ground for collecting and processing this PII is to respond to communications sent by you to us, to keep records of our communication, and to pursue or defend against legal claims.
- User Data. User data includes data about how you use the website and any data that you post to or authorize through the website, such as your name, address, country, phone number, and email address. This includes data stored in persistent cookies when you login to the website and analytics data that is collected when you use the website. We collect and process this data to operate the website, to authenticate you as a user of the website, to ensure that timely and relevant content is provided to you, to secure the website, to ensure that the website operates in a fast and efficient manner, and to maintain backups of the website. 5th Season’s lawful ground for processing this user data is its legitimate business interests in administering and offering the website and to fulfill your orders for products through the website.
- Technical Data. Technical data includes data about your use of the website, such as your IP address, your login data, your phone number, your mobile device model, your operating system, your geolocation, and your time zone. We may collect this data from your use of the website and from advertising IDs. 5th Season processes this data to analyze your use of the website, to route website traffic, to administer and secure the website, to provide location-relevant content, and to troubleshoot problems with the website. 5th Season’s lawful ground for collecting and processing this technical data is its legitimate interests in administering and offering the website and to grow its business and marketing strategy.
- Marketing Data. Marketing data includes data about your preferences in receiving and interacting with 5th Season’s advertisements or content on the website or on third party websites. We collect this data from your use of the website and from third party advertising IDs created through advertising programs, such as Google Advertising IDs, Facebook Advertising IDs, and TikTok Advertising IDs. 5th Season does not connect advertising identifiers to persistent device identifiers, such as MAC addresses or mobile device IDs. 5th Season’s lawful ground for collecting and processing this marketing data is its legitimate interests in administering and offering the website and to grow its business and marketing strategy by providing advertisements, including remarketing advertisements, to you.
- Personally Sensitive Data. Personally sensitive data includes data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, union membership, or information about your health. 5th Season does not collect personally sensitive data.
5th Season will only use your PII for the purpose for which it was collected. If 5th Season needs to use your PII for an unrelated new purpose, 5th Season will provide you with notice of this new use and will explain the lawful ground for such processing. 5th Season may process your PII without your knowledge or consent where required or permitted by law.
5th Season does not use your PII to automatically make any decisions or to create an automated profile about you.
What information do we collect from third parties and how do we use it?
5th Season may collect data about you through cookies and other technologies. This helps 5th Season understand how you use the website and to understand any patterns that may be associated with your use of the website. This aids 5th Season in developing or improving its website and marketing communications in response to your needs or wants.
5th Season may use session or persistent cookies. Session cookies are only stored on your computer or mobile device during your use of the website and are automatically deleted when you close your web browser. Session cookies may be used to direct internet traffic to a server that is closer to you or to allow us to identify you as you move between pages of the website. Persistent cookies are stored as a file on your computer or mobile device that remains on your computer or mobile device even after you close your web browser. Persistent cookies can be read by the website that created the cookie when you revisit it again. 5th Season may use persistent cookies to authenticate you when you return to the website so that you do not have to login again or when it utilizes Google Analytics or other analytics providers, which is intended to track the origin and behavior of traffic to the website. 5th Season may use the following analytics providers, and you are directed to review their cookie policies:
Adobe Fonts (Typekit): https://www.adobe.com/privacy/policies/adobe-fonts.html
Google Analytics: https://policies.google.com/privacy?hl=en-US
nginx: https://www.f5.com/company/policies/privacy-notice
WordPress
5th Season may also receive data from third parties including analytics providers or advertising networks such as Google, Facebook, TikTok, or Apple. These third parties may be based outside of your jurisdiction.
How do we use your information for marketing communications?
As stated above, 5th Season’s lawful ground for sending you marketing communications is either consent or its legitimate business interests, such as to grow its business by advertising products to you. 5th Season may send you marketing communications if you have asked for information concerning its goods or services or if you have agreed to, and have not opted out from, receiving marketing communications. You may ask 5th Season to stop sending you marketing messages at any time by logging into the website to adjust your marketing preferences within your user account or by following the opt-out link in any marketing message sent to you. If you opt out of receiving marketing communications, your opt-out does not extend to PII provided for other purposes.
When do we disclose your information?
5th Season may share your PII with the following parties:
- Service providers that provide 5th Season with information technology, software as a service, cloud storage, or other administrative services;
- Service providers, such as distributors, warehouses, or wholesalers, that provide 5th Season with products for sale to you in order to fulfill your product orders;
- 5th Season’s accountants, auditors, insurers, or attorneys;
- Law enforcement agencies upon the receipt of a subpoena or court order or where necessary to protect 5th Season’s personnel or property; and
- Government bodies that require 5th Season to report its processing activities.
5th Season may also transfer PII to third parties when it sells, transfers, or merges any part of its business or assets.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information, including when you place an order. However, no security measures are impenetrable and there are always security risks. 5th Season will notify you and any regulatory body of any breach of your PII or 5th Season security measures if it is legally required to do so.
5th Season has put into place data security measures to protect your PII. 5th Season allows access to your PII only by employees and service providers who have a need to know or access your PII on 5th Season’s instructions. 5th Season will notify you and any regulatory body of any breach of your PII or 5th Season’s security measures if it is legally required to do so.
Do we use cookies?
Yes, as stated above, we may use persistent and session cookies. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.
We may use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits, and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
For how long do we retain your data?
We will only retain your PII for so long as necessary to fulfill the purposes for which it is collected under this Privacy Notice or for the purposes of satisfying any legal, accounting, or reporting requirements. With respect to location data, technical data, usage and interaction data, and marketing data, we may retain this data for so long as it is relevant to the uses disclosed in this Privacy Notice. We may retain account data, public data, and communications data for so long as you maintain a user account with 5th Season, and we may retain this data for longer periods where there is a need to retain this data to comply with 5th Season’s legal obligations, such as the preservation of electronic evidence or compliance with a preservation order.
Right of Access, Rectification, Correction, Erasure, Transfer, and Withdrawal
Under the law, you may have a right to request access to your PII for rectification, correction, erasure, transfer, or restriction, or to object to its processing or withdraw your consent. If you wish to exercise any of these rights, please contact 5th Season’s Data Protection Officer as disclosed in this Privacy Notice.
You do not need to pay a fee to access your PII or to exercise your rights. However, 5th Season may charge a reasonable fee if your request is unreasonable or excessive.
To confirm your request, 5th Season may need to request specific information from you as a security measure to ensure that PII is not disclosed to an unauthorized third party. 5th Season will attempt to respond to all legitimate requests within thirty (30) days.
California Privacy Rights
The following rules apply solely to visitors, users, and others who are residents of the State of California. California residents have the right to be notified which categories of PII are being collected and the purposes for which the PII is being used. In particular, we collected the following categories of PII (A, B, D, E, and F) as defined in the California Consumer Privacy Act within the last twelve months. Our uses of this PII are detailed above in this Privacy Notice:
| Category | Examples | Collected |
| A. Identifiers | Real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers. | YES |
| B. Personal information categories listed in the California Consumer Records statute (Cal. Civ. Code § 1798.80(e)) | Name, signature, address, telephone number, bank account number, credit card number, debit card number, or any other financial information. | YES |
| D. Commercial | Records of products purchased. | YES |
| F. Internet or other similar network activity | Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. | YES |
| G. Geolocation data | Physical location or movements. | YES |
We obtain these categories of PII directly from California residents when they complete forms through our website or provide it to us as a part of a transaction or inquiry concerning our products. We also obtain these categories of PII indirectly from California residents while observing their actions on our website and from third parties or service providers that they have authorized to receive and share PII.
California residents have a right to request that we disclose what PII we collect from you and whether, and how, we disclose or sell that PII. California residents may also request that we delete any personal information collected or maintained by us from you.
California residents may also have the right to opt out of the sale of their personal information by contacting us or, where available, by clicking a link or icon associated with an advertisement. Specifically, this link or icon may state “Do Not Sell My Personal Information” or “Do Not Sell My Info.” By selecting this link or icon, you “Opt Out,” which means that you have opted out of the sale of your personal information as set forth in the California Consumer Privacy Act. However, even though you may have opted out, you may still see interest-based advertisements. To learn more about interest-based advertising across websites and additional opt-out choices, you can visit http://optout.aboutads.info. If you opt-out of the sale of your personal information but do not opt out of interest-based advertising more generally, you may still receive ads tailored to your interests based on PII that was not sold by us, personal information that was sold to downstream participants at least 90 days before you opted out, or personal information that was sold by other sources from which you have not opted out.
To submit a request for a list of the categories of personal information collected from you or to request that 5th Season delete your personal information, please email us at privacy@5thseason.com or send a letter to us at the following address:
Privacy Officer
NatureSmart, LLC
700 Kinderkamack Road, Suite 314 Oradell NJ 07649
To verify your request, we may request certain information from you to confirm that you are a 5th Season user, such as your phone number, username, email address, city, state, or geographic location. You may also designate an authorized agent to make a request to 5th Season to disclose or delete your personal information. To do so, you must provide 5th Season with proof that the individual or business has been appointed as your agent, such as by providing a signed power of attorney form and provide accurate responses to any information requested by 5th Season that may be necessary to confirm that you are a 5th Season user, such as your phone number, username, email address, city, state, or geographic location. California residents have a right not to receive discriminatory treatment by 5th Season for their exercise of these rights conferred under California law.
Third Party Links
5th Season’s website may include links to third-party websites and applications. By clicking on third party links, you may allow third parties to collect or share data about you. 5th Season does not control these third-party links and you are advised to review their respective privacy policies.
Responding to Do Not Track Signals
You can generally opt-out of receiving personalized ads from third party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on the NAI website and DAA website. Our website is not currently set up to respond to browser do-not-track signals because there is no consensus within the advertising industry as to what “do not track” means in this context, but you can configure your browser settings to reject all cookies or prompt you before a cookie is set.
Nevada Residents
If you are a resident of Nevada, you may provide notice to us to limit the sale of your PII to third parties for resale or licensing purposes. However, we do not sell your PII for such use. To notify us that you wish to limit the sale of your PII to third parties for resale or licensing purposes, you may send us an email to privacy@5thseason.com with the subject line, “Nevada Do Not Sell Request,” along with your name, address, and user account information.
Virginia Residents
5th Season does not control or process the personal data of at least 100,000 Virginia residents or control or process the personal data of at least 25,000 Virginia residents and derive more than 50% of its gross revenue from the sale of personal data. For these reasons, the Virginia Consumer Data Protection Act (VCDPA) does not apply to 5th Season’s collection and use of PII.
Changes to our Privacy Notice
Whenever 5th Season changes its Privacy Notice, we will post those changes to this Privacy Notice on the website and other places that we deem appropriate. Your use of the 5th Season website following these changes indicates your consent to the practices described in the revised Privacy Notice.
Contacting Us
If you have any questions about this Privacy Notice or the manner by which we collect or use Personal Information about you, email us at privacy@5thseason.com.
I used builtwith.com to generate this list of third party apps/plugins. Builtwith provides a historical look at a website, and since you have not launched the US version yet, this list may be wrong or outdated. I would suggest you run the website through builtwith.com when you’ve launched and/or discuss the matter with your web team to figure out which vendors will be receiving user data from you
Based on our call, it sounds like you might only use Google Analytics and wordpress. Please confirm with your developer and adjust this list accordingly.