More Legal Stuff
Terms of Service
Updated December 6, 2020
Our web store is hosted by Shopify Inc., and we encourage you to also review Shopify Inc.’s Terms of Service.
Section 1 | General Conditions
Johnny Appleseed does not monitor all activity on its websites, but reserves the right to do so. Users agree to use our websites only for lawful purposes. Users may not use our websites to post, submit or transmit any text, graphics, images, software, music, audio, video, information or other material, or to engage in any other activity that: (i) infringes, misappropriates or violates patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, rights of publicity, or privacy rights held by Johnny Appleseed or a third party; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, disparaging, abusive, insulting, immoral, intimidating, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
Section 2 | Content Ownership & Permissions
The content on our websites (“Protected Content”) is protected by copyright, trademark, and other laws of the United States and foreign countries. Johnny Appleseed and its licensors and licensees exclusively own all right, title, and interest in and to all Protected Content, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Protected Content. No licenses or rights are granted to you by implication or otherwise in or to any intellectual property rights owned or controlled by us.
Except as authorized in these Terms of Service, you may not, directly or indirectly, adapt, republish, display, upload, post, transmit, broadcast, communicate to the public (including by telecommunication), sub-license, sell, reverse engineer, decompile or disassemble, merge with other data, frame in or post on another website, create derivative works from, translate, modify, reproduce, perform, distribute, transfer or otherwise use the Protected Content, or authorize anyone to do any of the foregoing acts, without our express prior written permission. Requests for permission should be sent to firstname.lastname@example.org.
Section 3 | Security
Users are prohibited from violating or attempting to violate the security measures on our websites, including, without limitation:
- Impersonating or misrepresenting your affiliation with any person or entity, including, without limitation, by using a false password or one belonging to another user, accessing data not intended for you, or logging into a server or account that you are not authorized to access;
- Disclosing a password, permitting a third party to use a password, or failing to notify us if a password is compromised;
- Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding,” “mail bombing,” or “crashing”;
- Transmitting any worms, viruses, or any code of a destructive nature;
- Transmitting any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, or other form of solicitation through our website and services, or forging any part of the header information in any email communications;
- Hijacking, deleting, or changing all or any part of the Protected Content; or
- Collecting or tracking the personal information of other users.
Section 4 | Violations
Johnny Appleseed has absolute discretion to determine if any use violates these Terms, and to act as it deems appropriate in the event of any violation. We may investigate potential violations of these Terms and may involve, cooperate with, and make disclosures to law enforcement authorities in identifying and prosecuting users who are involved in such violations. We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including without limitation the right to block access from a particular internet address.
We may terminate access to all or part our websites or otherwise refuse service, without notice, for any conduct that we believe (in our sole discretion) is harmful to the interests of another user or is in violation of these Terms of Service or applicable law.
Section 5 | Products or Services
Certain products or services may be available exclusively online through our websites. These products or services are offered in limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of the products offered on our websites. We cannot guarantee that the display on your computer or device 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 may exercise this right on a case-by-case basis. All descriptions and prices for our products and services are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service, or to refuse any order you place with us, 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 through our websites will meet your expectations, or that any errors will be corrected.
Section 6 | Billing & Account Information
When you make a purchase or donation on our website, you agree to pay, and authorize our third-party payment processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your purchase. All fees are in US Dollars and are non-refundable except as required by law (or as specified in our Return Policy). We are not responsible for charges or foreign exchange rates applied by your credit card company and/or financial institution.
You are responsible for providing current, complete, and accurate billing and contact information to us. We reserve the right to limit or refuse orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Section 7 | Login & Registration
Certain programs, offers, features or services offered through the websites allow you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify Johnny Appleseed immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Johnny Appleseed or any other site user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.
You may not use anyone else’s login at any time without their express written permission.
Johnny Appleseed shall not be liable for any loss or damage arising from your failure to comply with these obligations.
Section 8 | Third Party Links & Tools
Like many other websites, Johnny Appleseed websites may include links to other third-party websites or resources, which are not governed by these Terms of Service. We are not responsible for any sites or resources provided by third parties, and our links to these sites and resources do not imply our endorsement of such sites or resources, or the content, products, or services available from such sites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such sites or resources. Johnny Appleseed makes no representations or warranties about the content, completeness or accuracy of the links or the sites linked to our websites. Please note that the site rules and privacy policies of linked sites may differ from ours and should be reviewed by you when you access any other site. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 9 | User Comments, Feedback & Other Submissions
When you submit comments, feedback, suggestions, or other submissions (for example, contest entries) to us, or post such submissions to our websites, (collectively “Submissions”), you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to edit, modify, copy, publish, distribute, translate, create derivative works thereof, and otherwise use in any medium such Submissions for any purpose without restriction or compensation to your or to any third party. We are and shall be under no obligation to maintain any Submissions in confidence, or to respond to any Submissions. We may, but shall not be obligated to, in our sole discretion, post any Submission on our websites and identify you as a submitting party. We may, without notice to you, refuse or edit Submissions for any reason or no reason, including those Submissions that violate these Terms of Service, are irrelevant or inappropriate, or represent us in a negative way or in any manner not consistent with our brand and/or reputation, as determined by us in our sole discretion.
You agree that your Submissions must comply with these Terms of Service, including but not limited to Section 1 above. You are solely responsible for your Submissions and their accuracy. We take no responsibility and assume no liability for any Submissions posted or submitted by you or any third party.
Section 10 | Programs & Promotions
Section 11 | Digital Millenium Copyright Act (“DMCA”) Notice
Johnny Appleseed owns, protects, and enforces copyright in its own creative materials and respects the intellectual property of others. Our websites contain materials of third-parties and links to third-party sites. As a result, materials of third parties not owned or controlled by Johnny Appleseed are included in or linked to our websites or are stored or transmitted by or over our websites. To the best of our knowledge, these materials do not infringe the copyrights of others. Upon receipt of proper notice of claimed infringement (as described in the next paragraph), Johnny Appleseed will respond expeditiously by removing or disabling access to materials claimed to be infringing. We may also, in appropriate circumstances, terminate relationships with third parties who repeatedly infringe the copyrights of others in connection with our websites.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Johnny Appleseed Agent for Notice listed below with the following information in a written notice:
(1) An identification of the copyrighted work (or a list of copyrighted works) that you claim has been infringed upon;
(2) A description of the material that is claimed to be infringing and a description of where the material is located on our websites (please provide a URL if possible);
(3) Your address, telephone number, and email address;
(4) A statement that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law;
(5) A statement that the information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and,
(6) Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf.
Johnny Appleseed designated Agent for Notice of claims of copyright infringement can be reached as follows:
Service Provider: Johnny Appleseed Orchards, LLC
Name of Agent for Notice: Copyright Agent
8555 Plummer Rd., Jacksonville, FL 32219, United States
Section 12 | Mobile Apps
In order to access the websites made available through a mobile application (“Mobile App”) you must have a compatible mobile device; Johnny Appleseed. does not warrant that the Mobile App will be compatible with your mobile device.
If you access the Mobile App using an Apple iOS or Android powered device, Apple, Inc. or Google, Inc., and their subsidiaries, respectively, shall be third-party beneficiaries to this contract and you agree that these third-party beneficiaries have the right to enforce these Terms of Service against you. However, these third-party beneficiaries are not parties to these Terms of Service and are not responsible for the provision of support for the Mobile App. You agree that your access to the Mobile App also shall be subject to the usage terms set forth in the applicable third-party beneficiaries’ terms of service.
The Mobile App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the Mobile App.
Section 13 | Mobile Message Service Terms & Conditions
The Johnny Appleseed Organic mobile message service (the “Service”) is operated by Johnny Appleseed Orchards, LLC (“Johnny Appleseed Organic”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers from [insert Company Name] via text messages through your wireless provider to the mobile number you provided. Message frequency is recurring. Text the single keyword command STOP to [insert short code] to cancel at any time. You’ll receive a one-time opt-out confirmation text message. If you have subscribed to other [Company Name] mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to [insert short code] or email [insert support email address].
We may change any short code or telephone number we use to operate the Service at any time. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you change your mobile phone number, you agree to opt out of the Service prior to changing your mobile number.
You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.
You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Section 14 | Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. ALL CONTENT, PRODUCTS, AND SERVICES DELIVERED TO YOU THROUGH OUR WEBSITES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MAGNOLIA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, FREEDOM FROM COMPUTER VIRUS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
JOHNNY APPLESEED MAKES NO WARRANTY THAT THE WEBSITES AND CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. JOHNNY APPLESEED MAKES NO WARRANTY REGARDING THE QUALITY OF ANY CONTENT OBTAINED THROUGH ITS WEBSITES OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY JOHNNY APPLESEED CONTENT OR INFORMATION OBTAINED THROUGH ITS WEBSITES.
JOHNNY APPLESEED DOES NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM ITS WEBSITES WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. JOHNNY APPPLESEED DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF ITS WEBSITES.
Section 15 | Limitation of Liabilities
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF OUR WEBSITES AND CONTENT REMAINS WITH YOU. Neither Johnny Appleseed nor any other party involved in creating, producing, or delivering the websites or content will be liable for any direct, indirect, incidental, special, exemplary, consequential or other damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, arising out of or in connection with these Terms of Service or from the use of or inability to use the websites or content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not we have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. JOHNNY APPLESEED WILL HAVE NO LIABILITY TO YOU NOR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE WEBSITES. In no event will Johnny Appleseed’s aggregate liability arising out of or in connection with these Terms of Service or from the use of or inability to use the websites or content exceed twenty-five U.S. dollars ($25).
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, Johnny Appleseed’s liability will be limited to the fullest extent permitted by applicable law.
If you are dissatisfied with any portion of the websites, or with these Terms of Service, or any other policy applicable to the websites, your sole and exclusive remedy is to discontinue using the websites. This sole and exclusive remedy is separate and independent of any other provision that limits Johnny Appleseed’s liability or your remedies.
Section 16 | Indemnification
You agree to indemnify, defend, and hold Johnny Appleseed , its subsidiaries, partners, founders, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), or demands made by any third party due to, or arising out of, or in any way connected to your access to or use of the websites or content, or your violation of these Terms of Service.
Section 17 | 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 not affect the validity and enforceability of any other remaining provisions. These Terms of Service constitute the entire agreement between you and Johnny Appleseed in connection with your use of our websites, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Johnny Appleseed (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.
Section 18 | Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, United States. By using our websites, regardless of where you live or are located in the world, you agree that these Terms of Service and any action related thereto will be governed by the laws of the State of Florida without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in Jacksonville, Florida, United States and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Section 19 | Changes to Terms of Service
We reserve the right, at our sole discretion to change any part of these Terms of Service at any time and without prior notice. If we make changes, we will post an updated copy of these Terms of Service on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 20 | Contact Information
Questions about the Terms of Service should be sent to us at email@example.com
Section 21 | ClimateGard™ Return Policy
We will refund or exchange your fertilizer for up to 30 days from original purchase date if the product is defective or damaged.
To be eligible for a return, you must return the unused portion of ClimateGard in the original packaging.
– Gift cards
– Subscription service for products already shipped
To complete your return, we require a receipt or proof of purchase.
Refunds (if applicable)
Once your return is received and inspected, 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, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 3 business days.
Sale items (if applicable)
Only regularly priced ClimateGard may be refunded, unfortunately sale purchases cannot be refunded.
Exchanges (if applicable)
We replace ClimateGard product if your original product is defective or damaged. If you need to exchange your purchase, please contact us at firstname.lastname@example.org to request a product exchange.
If the item was marked as a gift when purchased and shipped directly to you from someone else, 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.
Returns are to be sent to Johnny Appleseed Organic, 8555 Plummer Road, Jacksonville, FL, 32219, marked ATTN: RETURNS.
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.
Effective Date: October 21, 2020
Thanks for visiting Johnny Appleseed Organic™ (“Johnny Appleseed Organic”, “we”, “us” or “our”) respects your privacy. When it comes to your personal information, we believe in transparency, not surprises. That’s why we’ve set out here what personal information we collect, what we do with it and your choices and rights.
If you are in California, the “California Residents” section below provides additional information in accordance with the CCPA.
1. Some key terms
3. Personal information we collect
We collect various personal information regarding you or your device. This includes the following:
· Information you provide to create an Account, specifically email address, first name and last name. If you make a purchase, we receive a portion of your payment information from our payment processor (such as the last four digits, the country of issuance and the expiration date of the payment card) and we ask you to select your jurisdiction.
· Your marketing preferences.
· The emails and other communications that you send us or otherwise contribute, such as customer support inquiries.
· Information you share with us in connection with surveys, contests or promotions.
· Information from your use of the Services. This includes: IP addresses, preferences, web pages you visited prior to coming to our sites, information about your browser, network or device (such as browser type and version, operating system, internet service provider, preference settings, unique device IDs and language and other regional settings), information about how you interact with the Services (such as timestamps, clicks, scrolling, browsing times, searches, transactions, referral pages, load times, and problems you may encounter, such as loading errors).
· Information we get from our partners to support our marketing initiatives, improve our Services and better monitor, manage and measure our ad campaigns, such as details about when a partner of ours shows you one of our ads on or via its advertising platform.
· Other information you submit to us directly or through Third Party Services if you use a Third Party Service to create an Account (based on your privacy settings with such Third Party Service).
4. How we collect personal information
We obtain personal information from various sources. We do this in three main ways:
· You provide some of it directly (such as by registering for an Account).
· We record some of it automatically when you use our Services (including with technologies like cookies).
· We receive some of it from third parties (like when you register for an account using a Third Party Service or when you make payments to us using our payment processor or via a mobile app store).
We’ve described this in more detail below.
a. Personal information you provide
When you use our Services, we collect information from you in a number of ways. We also maintain your marketing preferences and the emails and other communications that you send us or otherwise contribute, such as customer support inquiries. You might also provide us with information in other ways, including by responding to surveys, submitting a form or participating in contests or similar promotions.
Sometimes we require you to provide us with information for contractual or legal reasons. For example: we ask you to select your jurisdiction when you sign up for make a purchase or sign up for Paid Services to determine if, and how much, tax we need to collect from you. We’ll normally let you know when information is required, and the consequences of failing to provide it. If you do not provide personal information when requested, you may not be able to use our Services if that information is necessary to provide you with the service or if we are legally required to collect it.
b. Personal information obtained from your use of our Services
When you use our Services, we collect information about your activity on and interaction with the Services, such as your IP address(es), your device and browser type, the web page you visited before coming to our sites, what pages on our sites you visit and for how long and identifiers associated with your devices. If you’ve given us permission through your device settings, we may collect your location information in our mobile apps.
c. Personal information obtained from other sources
If you use a Third Party Service (such as Google) to register for an Account, the Third Party Service may provide us with your Third Party Service account information on your behalf, such as your name and email address (we don’t collect or store passwords you use to access Third Party Services). Your privacy settings on the Third Party Service normally control what they share with us. Make sure you are comfortable with what they share by reviewing their privacy policies and, if necessary, modifying your privacy settings directly on the Third Party Service.
5. How we use your personal information
We use the personal information we obtain about you for the following purposes:
· Provision of the Services. Create and manage your Account, process payments and respond to your inquiries.
· Communicating with you. Communicate with you, including by sending you emails about your transactions and Service-related announcements.
· Surveys and contests. Administer surveys, contests and other promotions.
· Promotion. Promote our Products and Services and send you tailored marketing communications about products, services, offers, programs and promotions of Johnny Appleseed Organic and our partners and measure the success of those campaigns.
· Advertising. Analyze your interactions with our Services and third parties’ online services so we can tailor our advertising to what we think will interest you. For example, we may decide not to advertise our Products or Services to you on a social media site if you already made a purchase or signed up for Paid Services or we may choose to serve you a particular advertisement based on what we think may interest you based on other information we hold about you.
· Customizing the Services. Provide you with customized services. For example, we use your location information to determine your language preferences or display accurate date and time information.
· Improving our Services. Analyze and learn about how the Services are accessed and used, evaluate and improve our Services (including by developing new products and services and managing our communications) and monitor and measure the effectiveness of our advertising. We usually do this based on anonymous, pseudonymized or aggregated information which does not focus on you individually.
· Security. Ensure the security and integrity of our Services.
· Third party relationships. Manage our vendor and partner relationships.
· Enforcement. Enforce our Terms of Service and other legal terms and policies.
· Protection. Protect our and others’ interests, rights and property (e.g., to protect our Users from abuse).
· Complying with law. Comply with applicable legal requirements, such as tax and other government regulations and industry standards, contracts and law enforcement requests.
We process your personal information for the above purposes when:
· Consent. You have consented to the use of your personal information in a particular way. When you consent, you can change your mind at any time.
· Performance of a contract. We need your personal information to provide you with services and products requested by you, or to respond to your inquiries. In other words, so we can perform our contract with you or take steps at your request before entering into one. For example, we need your email address in order to add you to our subscription newsletter service and to send product purchase confirmations and tracking information.
· Legal obligation. We have a legal obligation to use your personal information, such as to comply with applicable tax and other government regulations or to comply with a court order or binding law enforcement request.
· Legitimate interests. We have a legitimate interest in using your personal information. In particular, we have a legitimate interest in the following cases:
o To operate the Johnny Appleseed Organic business and provide you with tailored advertising and communications to develop and promote our business.
o To analyze and improve the safety and security of our Services – we do this as it is necessary to pursue our legitimate interests in ensuring the Johnny Appleseed Organic Website is secure, such as by implementing and enhancing security measures and protections and protecting against fraud, spam and abuse.
o To provide and improve the Services, including any personalized services – we do this as it is necessary to pursue our legitimate interests of providing an innovative and tailored offering to our Users on a sustained basis.
o To comply with a court order or binding law enforcement request.
o To anonymize and subsequently use anonymized information.
· Protecting you and others. To protect your vital interests, or those of others.
· Others’ legitimate interests. Where necessary for the purposes of a third party’s legitimate interests, such as our partners who have a legitimate interest in delivering tailored advertising to you and monitoring and measuring its effectiveness or our Users who have a legitimate interest in having their sites function properly and securely and analyzing the usage of their sites so they can understand trends and improve their services.
6. How we share your personal information
We share personal information in the following ways:
· Affiliates. We share personal information with our affiliates when it is reasonably necessary or desirable, such as to help provide services to you or analyze and improve the services we or they provide.
· Business partners. We may share personal information with business partners. For example, we may share your personal information when our Services are integrated with their Third Party Services, but only when you have been informed or would otherwise expect such sharing.
· Third Party Plugins and Social Networks. We may share personal information with website plugins, social media platforms or similar Third Party Services to improve your experience, at your direction, or when you intentionally interact with the plug-in. For example, when you use a Third Party Service to create or log in to your Account, we may share your personal information with that Third Party Service.
· Service providers. We share personal information with our service providers that perform services on our behalf. For example, we may use third parties to help us provide customer support, manage our advertisements on other sites, send marketing and other communications on our behalf or assist with data storage.
· Process payments. We transmit your personal information via an encrypted connection to our payment processor.
· Following the law or protecting rights and interests. We disclose your personal information if we determine that such disclosure is reasonably necessary to comply with the law, protect our or others’ rights, property or interests (such as enforcing our Terms of Service) or prevent fraud or abuse of johnnyappleseed.com. In particular, we may disclose your personal information in response to lawful requests by public authorities, such as to meet national security or law enforcement requirements.
· Advertising. We share personal information with third parties so they and we can provide you with tailored advertising and measure and monitor its effectiveness.
· Business Transfers. If we’re involved in a reorganization, merger, acquisition or sale of some or all of our assets, your personal information may be transferred as part of that deal or the negotiation of contemplated deals.
7. Your rights and choices
Where applicable law requires (and subject to any relevant exceptions under law), you may have the right to access, update, change or delete personal information.
You can access, update, change or delete personal information either directly in your Account or by contacting us at email@example.com to request the required changes. You can exercise your other rights (including deleting your Account) by contacting us via your Account or at the same email address. Please note that we may need to verify your identity in connection with your requests, and such verification process may, if you do not have access to your Account, require you to provide us with additional information (e.g., government identification). Even if you have access to your Account, we may request additional information if we believe it’s necessary to verify your identity. If we are unable to verify your identity or request, we may not, in accordance with applicable law, be able to fulfill your request.
You can also elect not to receive marketing communications by changing your preferences in your Account or by following the unsubscribe instructions in such communications.
Please note that, for technical reasons, there is likely to be a delay in deleting your personal information from our systems when you ask us to delete it. We also will retain personal information in order to comply with the law, protect our and others’ rights, resolve disputes or enforce our legal terms or policies, to the extent permitted under applicable law.
You may have the right to restrict or object to the processing of your personal information or to exercise a right to data portability under applicable law. You also may have the right to lodge a complaint with a competent supervisory authority, subject to applicable law.
Additionally, if we rely on consent for the processing of your personal information, you have the right to withdraw it at any time and free of charge. When you do so, this will not affect the lawfulness of the processing before your consent withdrawal.
8. How we protect your personal information
We maintain administrative, technical and physical safeguards that are intended to appropriately protect against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse and any other unlawful form of processing, of the personal information in our possession.
9. How we retain your personal information
The precise periods for which we keep your personal information vary depending on the nature of the information and why we need it. Factors we consider in determining these periods include the minimum required retention period prescribed by law or recommended as best practice, the period during which a claim can be made with respect to an agreement or other matter, whether the personal information has been aggregated or pseudonymized, and other relevant criteria. For example, the period we keep your email address is connected to how long your Account is active, while the period for which we keep a support message is based on how long has passed since the last submission in the thread.
Please note that in the course of providing the Services, we collect and maintain aggregated, anonymized or de-personalized information which we may retain indefinitely.
10. California Residents
This Section 13 is only applicable to you if you are a resident of the state of California in the US (“California Residents”) and only applies to personal information for which Johnny Appleseed Organic is a “Business” (as defined in the CCPA), but does not apply to personal information we collect from you in the course of our provision of services to you where you are an employee, owner, director, officer or contractor of a company, partnership, sole proprietorship, non-profit or government agency. It applies to personal information we collect from California Residents on or through our Services and through other means (such as information collected offline or in person).
a. Categories, business and commercial purposes, sources and third parties
· Identifiers, such as your name and email address.
· Commercial information, such as transaction data.
· Financial data, such as partial payment information we receive from our payment processor.
· Internet or other network or device activity, such as browsing history.
· Location information, such as general information inferred from an IP address.
· Sensory information, such as recordings of support calls.
· Other information that identifies or can be reasonably associated with you.
We collect personal information directly from you (either directly or through a Third Party Service), automatically through your use of the services, and from third parties such as business partners, service providers, and payment processors.
We collect personal information for the following business purposes: (i) providing the Services (including without limitation maintaining your Account, processing and fulfilling orders, and administering surveys and contests); (ii) providing customer support for the Services; (iii) operating the Services (including without limitation managing third party relationships and enabling usage of our service providers); (iv) communicating with you; (v) customizing the Services; (vi) securing and protecting the Services (including without limitation auditing the Services, bug and fraud detection, debugging and repair of errors and the detection, protection and prosecution of security incidents or illegal activity); (vii) enforcing our terms and policies; (viii) complying with law; (ix) verifying your identity; and (x) other business purposes about which we may notify you from time to time.
We collect personal information for uses that advance our commercial or economic interests such as: (i) promoting surveys and contests; (ii) promoting and advertising the Services; (iii) customizing the Services; (iv) improving our Services; (v) communicating with you about relevant offers from third parties; and (vi) other commercial purposes about which we may notify you from time to time.
b. Your requests
Subject to certain exceptions and restrictions, the CCPA provides California Residents the right to submit requests to a business which has collected their personal information: (i) to provide them with access to the specific pieces and categories of personal information collected by the business about such California Resident, the categories of sources for such information, the business or commercial purposes for collecting such information, and the categories of third parties with which such information was shared; and (ii) to delete such personal information (each, a “California Request”). We need certain types of information so that we can provide our Services to you. If you ask us to delete some or all of your information, you may no longer be able to access or use the Services.
If you are a California Resident, please follow the instructions in the “Your rights and choices” section above to submit California Requests and please make sure you note that you are a California Resident when you do so. California Residents may designate an authorized agent to make California Requests on their behalf. In order to designate an authorized agent to make a California Request on your behalf, you or your agent must provide proof that the agent has been authorized by you to act on your behalf, such as written authorization signed by you authorizing that agent to act on your behalf. We reserve the right to request additional information from you and/or individuals purporting to be authorized agents, such as when we suspect fraud.
c. Do not sell my personal information
California residents may opt out of the “sale” of their personal information. The CCPA broadly defines “sale” in a way that may include allowing third parties to receive certain information such as cookie identifiers, IP addresses and/or browsing behavior to add to a profile about your device, browser or you. Such profiles may enable delivery of interest-based advertising by such third parties within their platform or on other sites.
Depending on how you use the Services, we may share the following categories of information for such interest-based advertising which may be considered a sale (as defined by the CCPA): identification and demographics; device information and identifiers, such as IP address and unique advertising identifiers and cookies; connection and usage information, such as browsing history or app usage; and inference data.
If you would like to opt out of Johnny Appleseed Organic’s use of your information for such purposes (to the extent this is considered a sale), you may do so within the Services.
d. We do not discriminate against you
You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights. Johnny Appleseed Organic does not discriminate against California Residents for exercising their rights.
12. Who is Johnny Appleseed Organic?
When we say “Johnny Appleseed Organic” (or “we”, “us” or “our”), we mean: Johnny Appleseed Orchards, LLC. if you are a resident of or have your principal place of business in the United States of America or any of its territories or possessions (the “US”).
13. How to contact us
Johnny Appleseed Orchards, LLC
Attention: Legal – Privacy
8555 Plummer Road
Jacksonville, FL 32219
Effective Date: October 21, 2020
- Johnny Appleseed Organic Ads. We partner with third party publishers, advertising networks and service providers to manage our ads on other sites. Our third party partners may set cookies on your device or browser to gather information about your activities on the Services and other sites you visit, in order to provide you with Johnny Appleseed Organic ads. For example, if you visit Johnny Appleseed Organic and also use a social media platform, you may see a Johnny Appleseed Organic ad in your social media newsfeed or timeline.
- Opting Out. You can set your browser to not accept cookies, but this may limit your ability to use the Services. We currently don’t respond to DNT:1 signals from browsers visiting our Services. You can also opt out of receiving interest-based ads from certain ad networks here (or if located in the European Union, here).
We use device identifiers on Johnny Appleseed Organic web and mobile applications to track, analyze and improve the performance of the Services and our ads.
Third Party Tags.
We use and manage third party tags on the website and associated domains of www.johnnyappleseed.com and on Johnny Appleseed Organic web and mobile applications. Third party tags may take the form of pixels or tracking snippets. We use pixels to learn how you interact with our site pages and emails, and this information helps us and our ad partners provide you with a more tailored experience. We use tracking snippets to capture data from your browser, make requests to a third party partner or set cookies on your device to store data. For example, if you see a Johnny Appleseed Organic ad on a social media platform and choose to use Johnny Appleseed Organic, we may use a tag to reduce the number of Johnny Appleseed Organic ads you see on that platform. We use Google Tag Manager to manage our third party tag usage. This may cause other tags to be activated which may, for their part, collect data and set cookies under certain circumstances. Google Tag Manager does not store this data.
The competition will run from February 15, 2022 through October 31, 2022.
RULES OF COMPETITION
Contestants will compete in each of the following categories:
• Heaviest tomato as determined by a certified scale. Contestants must grow their tomato from seed. Contestants may select the non-gmo, non-hybrid cultivar of their choosing. Contestants must create video and still-photo documentation of the entire growing process, beginning the moment they open their seed packets and continuing with weekly care and growth updates throughout the growing period in the form of either (a) a video focused individually on each contest, or (b) a video cumulatively showing progress in all contests and still photos with descriptions for social media. Contestants may harvest and weigh their entry at any time between the day of sowing and the 140th day of growth. Johnny Appleseed Organic will provide assistance in locating a certified scale in the contestant’s geographical area. Contestants can plant multiple seeds and cultivars for each contest, but can only submit one final entry per category. Complete documentation per individual contest rules must be provided for all final cultivar entries.
• Hottest pepper on the Scoville Scale. Contestants must grow their pepper from seed. Contestants may select the non-gmo, non-hybrid cultivar of their choosing. Contestants must create video documentation of the entire growing process, beginning the moment they open their seed packets and continuing with weekly care and growth updates throughout the growing period in the form of either (a) a video focused individually on each contest, or (b) a video cumulatively showing progress in all contests and still photos with descriptions for social media. Contestants may harvest their entry at any time between the day of sowing and the 160th day of growth. Hotness testing will be performed by Southwest Bio Labs, 401 N. 17th St, Las Cruces, NM. Johnny Appleseed Organic will cover the cost of testing. Contestants are responsible for packaging and shipping their entry. Contestants can plant multiple seeds and cultivars for each contest, but can only submit one final entry per category. Complete documentation per individual contest rules must be provided for all final cultivar entries.
• Most Exquisitely Curated Container Arrangement. Contestants are encouraged to let their imagination run wild while designing and growing a beautiful, container arrangement from seed! Contestants may select the non-gmo cultivars of their choosing to germinate and transplant into their 45 gallon grow bag design. All included cultivars must be started from seed (can be directly sowed into a grow bag or transplanted from seedlings sown by the contestant). Contestants must create video documentation of the entire growing process, beginning the moment they open the seed packet(s) and continuing with weekly care and growth updates throughout the growing period in the form of either (a) a video focused individually on each contest, or (b) a video cumulatively showing progress in all contests and still photos with descriptions for social media. The arrangement must be grown in a 45 gallon ‘grow bag’ to be provided at no cost by Johnny Appleseed Organic. The contestants’ entries will consist of a single still photograph taken at any point prior to the final month of the competition. A winner will be determined by a public voting process on social media, with the winning bag curation receiving the highest total number of votes in a single seven day week. We will provide multiple grow bags to encourage success and creativity, but contestants can only enter one final container creation! In the spirit of fairness, the social media posting/voting timeline for Most Exquisitely Curated Container Arrangement will be simultaneous with other contestants and determined after receipt of all entries.
• Heaviest sweet potato or yam. Contestants must grow their sweet potato from a slip. Slip can be propagated, bought, gifted etc. Contestants may select the non-gmo, non-hybrid cultivar of their choosing. Contestants must create video documentation of the entire growing process, beginning the moment they transfer their propagated slip or open their purchased slip packet and continuing with weekly care and growth updates throughout the growing period in the form of either (a) a video focused individually on each contest, or (b) a video cumulatively showing progress in all contests and still photos with descriptions for social media. The entry must be grown in a 45 gallon ‘grow bag’ to be provided at no cost by Johnny Appleseed Organic. Contestants may harvest and weigh their entry at any time between the day of planting and the 160th day of growth. Johnny Appleseed Organic will provide assistance in locating a certified scale in the contestant’s geographical area. Contestants can plant multiple slips in single or multiple grow bags if desired, but can only submit one final harvested sweet potato entry. Complete documentation per individual contest rules must be provided for all final cultivar entries.
• Heaviest squash. Contestants must grow their squash from seed. Contestants may select the non-gmo, non-hybrid cultivar of their choosing. Contestants must create video documentation of the entire growing process, beginning the moment they open the seed packet and continuing with weekly care and growth updates throughout the growing period in the form of either (a) a video focused individually on each contest, or (b) a video cumulatively showing progress in all contests and still photos with descriptions for social media. Contestants may harvest and weigh their entry at any time between the day of planting and the 160th day of growth. Johnny Appleseed Organic will provide assistance in locating a certified scale in the contestant’s geographical area. Contestants can plant multiple seeds and cultivars for each contest, but can only submit one final entry per category. Complete documentation per individual contest rules must be provided for all final cultivar entries.
• Best Organic Gardening Hack. Contestants must submit written and video instructions explaining the purpose of their ‘hack’, a detailed account of how it is to be executed for best results, and an example of it ‘in action’ in their growing area and still photos with descriptions for social media. Submissions may be made at any point prior to the final month of the competition, A winner will be determined by a public voting process on social media, with the winning entry receiving the highest total number of votes in a single seven day week. In the spirit of fairness, the social media posting/voting timeline for Best Gardening Hack will be simultaneous with other contestants and determined after receipt of all entries.
In the case of vegetable-specific categories, contestants will compete on a self-directed basis informed by their preferences and the specific growing requirements of the USDA zone in which they’re located (i.e., a contestant located in Oregon will likely choose to germinate, transplant, harvest and weigh each vegetable on a different schedule than a grower in Florida). The social media posting/voting timeline for ‘Most Exquisitely Curated Container Arrangement’ and ‘Best Garden Hack’ will be simultaneous with other contestants and determined after receipt of all entries.
Contestants can plant multiple seeds and cultivars for each contest, but can only submit one final entry per category. Complete documentation per individual contest rules must be provided for all final cultivar entries. We will provide 6 grow bags per contestant to help facilitate creativity and success. Contestants can plant multiple grow bags for a single category, but must pick one final submission per category.
Contestants may not use any commercial fertilization input other than Johnny Appleseed Organic ClimateGard, but are allowed to supplement their fertilization regimen with homemade inputs like compost, pet or livestock manure, coffee grounds, etc.
Each contestant is assigned points based on their ranking in each individual contest. The contestant with the highest number of accumulated points after all events conclude, wins the Johnny Appleseed Organic Challenge. After each event concludes and results are recorded, contestant’s scores and ranking will be updated on our live leaderboard! (Example of allotted points per competition: 1st place: 6 points, 2nd place: 5 points, 3rd place: 4 points, 4th place: 3 points, 5th place: 2 points, 6th place: 1 point)
Contestants must create a minimum of two self-generated videos per month and two still photos each week for the duration of the competition, which can include videos and still photos made for challenge requirements, or additional tips or updates you’d like to share. These videos will be linked to contestant’s public profiles on an online leaderboard where people following the contest can view them and learn while they enjoy the competition. Additionally, they may be shared or reposted on other platforms owned by any of the sponsors.
Contestants are welcome to create additional content for our blog (region-specific gardening, organic vegan recipes, etc) if desired and link to any correlating content on their social media accounts. We hope this opportunity provides increased engagement for our contestants!
Each contestant agrees that Mother Earth News and Johnny Appleseed Organic may post any content they submit on websites owned or controlled by Johnny Appleseed Organic and Mother Earth News, outside advertisements, viewing galleries and/or social media platforms. Each contestant further represents and warrants that: (i) content does not contain any material that is libelous, defamatory, profane or obscene; (ii) content is original and all right, title, and interest (including copyright) therein and thereto is owned and/or controlled by the contestant to the full extent necessary to enable the sponsors to use the video as contemplated by these contest rules; and (iii) the video does not infringe upon the intellectual property or other statutory or common law rights of any third party. Each contestant shall retain all right, title and interest (including copyright) in and to the video, and shall grant to Johnny Appleseed Organic and Mother Earth News, a worldwide, gratuitous, irrevocable, and exclusive licence to copy, use, modify, reproduce, display, adapt and transmit the video for use in all media now known or hereafter devised in perpetuity beginning on the date of entry, including, but not limited to, in connection with the administration, promotion and exploitation of the contest. The contestant hereby confirms that the video is an original work, solely created by the contestant, and that no third party participated as an author, co-author, photographer or otherwise in the creation of the video or any part thereof. Johnny Appleseed Organic and Mother Earth News assume no responsibility for any claims of infringement of rights to copyright, privacy and/or personality, and all such liability shall remain with the contestant. In addition, each contestant represents to sponsors that the video does not infringe any copyright interest of any third party and that the video is not defamatory or obscene and does not violate any laws relating to hate speech or otherwise. Mother Earth News and Johnny Appleseed Organic reserve the right to exclude any video on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by sponsors in their sole discretion.
Contestants will receive a $1,000 cash competitor prize after completing and submitting all 6 challenges, photo and video contest requirements. The overall winning competitor must complete all challenges, video and photo requirements to receive the grand prize option of their choice.
We will be in touch to schedule a Zoom meeting, where we will review the contest rules and answer any and all questions! If you need anything before then, please don’t hesitate to reach out: Lynsey@JohnnyAppleseed.com. We look forward to watching you grow!