Privacy Policy

Rootberry Privacy Policy

Last Updated:  July 31, 2023

Rootberry LLC d/b/a rootberry (“Rootberry”, “we”, “us” or “our”) is committed to protecting the privacy of your information. This Privacy Policy governs information we may collect from you or that you may provide when you visit our website www.rootberry.com or any affiliated websites, or when you use any associated software, mobile applications, or text or mobile device messaging (collectively, the “Service”).  This Privacy Policy describes:

  • the information we collect about you;
  • how that information may be used;
  • with whom the information may be shared;
  • how you may update the information you provide us;
  • how you may contact us; and
  • your choices about our uses and disclosures of your information.

As noted in our Terms of Service (“TOS”), by using the Service you accept and acknowledge that you are bound by this Privacy Policy.  Accordingly, we encourage you to read this Privacy Policy carefully.  If you have questions or concerns regarding this Privacy Policy, please feel welcome to contact us www.rootberry.com.  Alternatively, you can also e-mail us at support@rootberry.com, or send mail to rootberry.com, Attn: Privacy Dept., 1147 Saint Louis Galleria, St Louis, MO 63117

Information We Collect, and How We Collect It

We collect information about you so we can continue to provide and improve the Service.  The information collected may include items such as your name, e-mail address, address, phone number, facsimile number, social security number, financial information, credit card information, financial institution and bank account information, business size, industry type, internet connection, equipment used to access the Service, usage details, as well as other information that may or may not specifically identify you.  The information collected on the Service may be stored at servers, computers, or other media located in or outside the United States.  We may collect this information directly from you when you provide it to us, automatically as you navigate the Service, or from third parties.

Third-Party Sources

We may obtain personal and non-personal information about you from third-party sources.  This information may be utilized, analyzed, and/or compared with information that we have collected from you or that you have submitted to the Service.  To enhance security and promote operational efficiency, the Service also utilizes the resources of hosting facilities that are controlled by third parties.  We do not control third parties’ collection or use of your information, although these third parties may provide you with ways to choose not to have your information collected or used.  You understand, agree, and acknowledge that your sole remedy is against the third party and that you will not assert any cause of action, claim or demand against us with respect to information collected or used by third parties.

Information Collection Technology (Web Beacons and Cookies)

We may use various technologies to collect information from your electronic device about your activities on the Service.  We may collect and store non-personally identifying information through cookies, log files, clear gifs (commonly known as “web beacons”), and third parties to profile user activity and preferences.  Technical and specification information about your browser and computer is automatically collected when you use or visit the Service.  This information may include your Internet Protocol (“IP”) address, your browser type, operating system, access time(s), the content of previously accepted “cookies” from us, and the website address that referred you to the Service.

A cookie is data stored on your computer that tracks non-personal information about you.  When using the Service, we may assign your computer one or more cookies that enable us to improve the quality of our service and to personalize your experience.  Cookies allow us to automatically collect information about your activity on the Service, such as the content you access while on the Service, the links you click, and other activity you conduct while using the Service. The Service also uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS. You may choose to modify your web browser’s setting to disable cookies or limit their use.  If you choose to disable or limit cookies, you are still able to access the Service, but you may be unable to use all of the features on the Service.  Additional information about cookies may be found at: https://support.microsoft.com/en-us/help/260971/description-of-cookies.

The Service may contain web beacons (also known as “clear gifs”) or similar technologies that gather non-personally identifiable information about your use of the Service.  Such technology may also be contained in e-mail messages or newsletters from us that allow us to determine whether messages have been accessed.  The purpose of our use of this technology is so that we may analyze the effectiveness of our marketing efforts and the quality of the Service.

Personal Information About Users Under 18 Years of Age Not Collected

The Service is meant for adults and those who have reached the age of majority as defined by the laws of their domicile.  The Service is not meant for individuals under the age of 18 or those defined by the laws of their domicile as minors.  We do not knowingly collect or retain any personal information about users under the age of 13.  If we obtain actual knowledge that we collected or retained personal information about a child under the age of 13, that information will be promptly deleted from our database, servers, and all other media.  Since we do not collect information from users under 13 years old, no such information is disclosed to third parties.

Information Use and Sharing

We may use and share your information for any legally permissible purpose.  We may match, use, and share any of the information we collect from you to any personally identifiable information we obtain through third parties.  Examples of some ways we may use or share information that we collect about you include:

  • providing you with products or services, including without limitation completion of delivery of your orders by delivery personnel;
  • providing the details of your order with a fulfillment service;
  • providing you with customized content;
  • providing customer support;
  • communicating with you by e-mail, United States mail, telephone, text message, and/or mobile devices about products or services that may be of interest to you either from us, any affiliates, sponsors or other third parties;
  • enforcing our terms and conditions, or otherwise managing our business;
  • to fullfill any other purpose for which you provide it; and
  • performing functions as otherwise described to you at the time of collection.

In order to perform certain services on your behalf, we may publish certain information that you provide.  You agree that any testimonial feedback or other comments provided by you to Rootberry becomes the sole and exclusive property of Rootberry and that such information may be used by Rootberry for any legally permissible purpose, including but not limited to marketing and advertising its services and products.

You acknowledge and agree that Rootberry may use and disclose your personal and non-personal information to public or private third parties: (i) for inspection by law enforcement officials (including in the case of potential criminal activity); (ii) to comply with any court order, law or legal process, including to respond to cease and desist letters, arbitration proceedings, legal actions and suits, criminal and civil subpoenas, any court orders; (iii) to enforce or apply the terms of this Privacy Policy or any other agreement between us, including the Terms of Service; and (iv) to protect the rights, property, or safety of ours, our users, or others, whether during or after the term of your use of our Services.  We may also disclose personal or aggregated information to our subsidiaries and affiliates; to contractors, service providers, and other third parties we use to support our business; to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding; or to third parties to market their products or services to you if you have not opted out of these disclosures.

The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Communications from Us

Unless you opt out of certain communication features, we may use your information to communicate with you, such as through e-mail, newsletters, and telephone.  You may opt out and/or unsubscribe to communications from Rootberry at any time.  See the Opt-Out Provisions and Updating Your Information section below for applicable contact information and directions.

Your Information Will Not Be Sold

We will not sell any information you submit to us to any other third party without prior written notice to you and an opportunity to opt out.

Notice about Social Security Numbers

We do not collect social security numbers of users and users should never provide their social security number to Rootberry.  If for some reason Rootberry comes into possession of users’ social security numbers, the information will be treated confidentially and not shared with third parties unless allowed by law.  Additionally, Rootberry will take reasonable steps to limit access to social security numbers and take any legally required steps of securing the transmission of the data.

Third Party Privacy Policies May Be Applicable

Our Privacy Policy does not cover any third party’s use or handling of your information once it is shared.  Instead, the privacy policies of the third party(ies) will govern.  We encourage you to visit the websites of those third parties and fully read and understand their privacy policies.  Some of these entities or their servers may be located outside the United States.

Links

The Service may contain links to other websites.  Rootberry disclaims any responsibility for the privacy practices of third parties that may have links to or from our website, or any framed content on our website.  We encourage you to review the privacy policies/statements of every website that you visit that collects personally identifiable information.

DO NOT TRACK REQUESTS

In some states, users may be entitled to know how we response to “Do Not Track” browser settings.  Like many other websites and online services, we do not alter our practices because there is little consensus in the industry about what “Do Not Track” means.

Opt-Out Provisions and Updating Your Information

We value our users’ privacy and provide them with the option to “opt-out” of having their information used for purposes not directly related to the Service.  The opt-out option is available at the time you sign up for your account.  If you wish to change your opt-out preference or update your information after you initially sign up for your account, you can opt-out by any of the following means:

  • Send a written request to: rootberry LLC 1147 Saint Louis Galleria, St Louis, MO 63117; or
  • E-mail support@rootberry.com

Your request will generally be responded to within two (2) business days if your inquiry is via e-mail, or thirty (30) days if your inquiry is via United States mail.

Please note that changing your opt-out preference will only affect future activities or communications from us.  In other words, if we already provided your information to a third party before you changed your opt-out preferences, you will need to contact the third party directly.  To opt-out of communications from our third party business partners, if any, please contact them directly.

Information Retention and Security

We may store your information for more than one (1) year from the time of initial submission, as well as automated personal information we collect about you.  However, if we obtain or collect your social security number or credit card number, that information will only be stored for a limited time pursuant to your authorization unless the law requires otherwise.

We take reasonable security measures to protect users’ information against unauthorized access, loss, alteration, or destruction.  These measures include encryption and physical security measures to guard against unauthorized access to systems where we store personal information, and the usage of reputable third-party vendors.  Despite these reasonable measures, we cannot guarantee our security measures are impenetrable.  Therefore, although we take reasonable steps to secure your information, we cannot and do not promise or warrant that your information will always remain secure.

Your State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. For example:

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of the Service that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to support@rootberry.com.

Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

  • Confirm whether we process their personal information.
  • Access and delete certain personal information.
  • Data portability.
  • Opt-out of personal data processing for targeted advertising and sales.

Colorado, Connecticut, and Virginia also provide their state residents with rights to:

  • Correct inaccuracies in their personal information, taking into account the information's nature processing purpose.
  • Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any of these rights please email support@rootberry.com. To appeal a decision regarding a consumer rights request please contact support@rootberry.com.

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to this designated address: support@rootberry.com. However, please know we do not currently sell data triggering that statute's opt-out requirements.

Visitors Outside the United States

This Privacy Policy is intended to cover collection of information on the Service from residents of the United States. If you are a resident of another country and/or are visiting our the Service from outside the United States, you acknowledge and agree that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated.  You also acknowledge that your use of the Service shall be governed exclusively by the laws of Missouri and as if all transactions take place within Missouri.  By using the Service, you acknowledge and agree that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy.  If you are unwilling to accept these terms, then you agree that you will not use or access the Service.

Privacy Policy Updates and Revisions

This Privacy Policy may be updated from time to time.  We reserve the right to modify the Policy at any time without notice, so please review the Policy frequently.  When changes are made to this Policy, we will revise the “last updated” date at the top of this Privacy Policy.  If we make any material changes in the way we collect, use, and/or share your personal information, we will also post notice of the changes on the Service and/or may notify you by sending an e-mail to the e-mail address you most recently provided us in your account.  Your continued use of the Service after we have posted any Privacy Policy changes indicates your agreement to the changes unless you notify us otherwise.

Terms of Privacy Policy Survive

If any terms of this Privacy Policy are held invalid and/or unenforceable by a court of law or a competent jurisdiction, the remaining provisions of the Policy shall remain in full force and effect. 

Limitations

The adoption or publication of this Privacy Policy does not subject Rootberry to any stricter duty in its collection, handling, storage and disclosure of nonpublic information than otherwise applies to Rootberry under applicable law.  No person or entity shall have any right or recourse against Rootberry, its affiliates, agents, sponsors, or other related parties based on any alleged violation or noncompliance with this Privacy Policy.

In certain situations, users of the Service may choose how their personal information is used, stored, and processed.  If you are a client, you may provide written instructions to Rootberry about how you wish for your personal information to be treated.

General Contact:

Rootberry.com

1147 Saint Louis Galleria

St Louis, MO 63117

support@rootberry.com