Updated and effective as of April 1, 2020

Grace Rose Farm, LLC ("Grace Rose Farm" or "us" or "we" or "our") owns and operates the gracerosefarm.com site ("Site"). Grace Rose Farm is committed to protecting your privacy when you visit and interact with the Site. As such, Grace Rose Farm's privacy practices are explained in this Privacy Policy ("Policy").

This Policy contains details about how Grace Rose Farm collects and uses information from you when you use the Site.

Policy Changes

Your continued use of the Site after any changes are made to this Policy constitutes your acceptance of the changes. If any of the changes are unacceptable to you, you should cease using the Site.

If any changes to this Policy affect how Grace Rose Farm treats or handles information already provided by you to Grace Rose Farm, Grace Rose Farm will notify you by email (if Grace Rose Farm has a valid email address to use) and give you thirty (30) days to opt-in to the changes as they pertain to your information. If you do not opt-in, your information will continue to be used in a manner that is consistent with the version of this Policy under which it was collected, or the information will be deleted.

Collection and Use of Information

Grace Rose Farm may collect and store any information you submit or upload through the Site, whether through your account registration, purchasing a product, uploading of user content, posting of comments, or otherwise. This information may include, but is not limited to, your name, email address, contact information, personal preferences, payment information, or any other information submitted by you or any user through the Site. Grace Rose Farm may also collect and store passive information about your use of the Site as discussed herein. Grace Rose Farm may use the collected information or data described herein, individually or in the aggregate, for any lawful purpose.

Grace Rose Farm may use your submitted information to contact you, via regular mail, email, text message, telephone, or otherwise, regarding your account, the Site, your purchased products, or other relevant or promotional information or offers as determined by Grace Rose Farm or its partners. By submitting your contact information to Grace Rose Farm, you consent to receiving such communications.

Personally identifiable information ("PII") is generally defined as information that may be able to identify you such as, but not limited to, name, address, telephone number, email address, birthday, credit card number, photograph, age, etc.

There are areas on the Site where you may be asked to provide Grace Rose Farm with PII. PII such as name, mailing address, email address, phone number, credit card number, and birthday may be collected from you when you visit and/or interact with the Site, such as when you:

  • order products or services through the Site;
  • complete and submit any form through the Site;
  • register for Grace Rose Farm meetings or events;
  • contact Grace Rose Farm with questions or comments;
  • set up a Site account (e.g., create a user name, password, and an answer to a security question);
  • participate in surveys, questionnaires, or contests; and/or
  • sign up for Grace Rose Farm's newsletter.

Grace Rose Farm may use your PII to:

  • provide or deliver to you goods and services through the Site;
  • maintain proper business information and records;
  • administer Site accounts;
  • schedule/administer meetings and events;
  • respond to questions or comments;
  • process and catalog forms submitted through the Site and responses to surveys or questionnaires;
  • enter you in contests and other promotions;
  • communicate with you;
  • send you Grace Rose Farm newsletters and other updates;
  • improve the content and general administration of the Site;
  • resolve disputes;
  • troubleshoot Site technical issues;
  • enforce the Site Terms of Use;
  • perform internal operations (e.g., fraud prevention);
  • conduct data analysis and testing; and/or
  • analyze Site usage and Site activity patterns and trends.

The Site may use cookies. Cookies are files that are transmitted to your computer when you visit the Site. Cookies allow Grace Rose Farm to recognize your browser when you subsequently return to the Site. Cookies may also collect your user preferences when you visit the Site. It is possible that some of the collected elements, when combined with other data, could possibly be used to identify a person. Grace Rose Farm may use cookies to:

  • store and track information about you;
  • remind us of who you are when you access your Site account information and/or use Site services in order to deliver to you a more personalized service;
  • measure your Site visiting patterns in the aggregate in order to build higher quality online services by performing statistical analyses of the collective characteristics and behavior of our visitors, such as how long and how often users view certain pages;
  • determine your clickstream to the Site;
  • better personalize the Site content;
  • collect IP addresses and log-in information for system administration;
  • automatically share some information with Google Analytics and/or other analytics programs to analyze a broad range of information (the analytics are exclusively for our internal use to better manage the Site experience for our visitors and evaluate advertising strategies and tactics); and
  • to assist us in delivering the highest quality of Site services that is possible.

All pages on the Site where you are prompted to login or that are customizable may require you to accept cookies. You may be able to delete the cookies by consulting your browser and/or computer instructions. Please note that any deletion of cookies could affect how the Site appears and/or operates for you.

Grace Rose Farm uses third-party tools to track its online marketing campaigns and efforts. These tools provides information on, but it is not limited to, analytics and details on search engine keywords, search queries, and the tracking of clicks to the Site. While these tools should not directly collect obvious PII, it does collect analytical information that could be tied to a specific user such as general geographic location, browser type, mobile phone details. Grace Rose Farm only uses this information internally to track its online marketing campaigns and efforts.

We use third-party tags and tracking pixels. For example, we use Pinterest's tag, which is a conversion tracking pixel, to help us optimize your user experience on Pinterest. We use other third-party tags and tracking pixels to help us optimize your user experience on certain third-party websites.

Additionally, Grace Rose Farm may collect and save browsing and data log information linked to your use of the Site. We may link this information to PII we have collected about you.

By providing to Grace Rose Farm the PII and other information referenced above, you agree that Grace Rose Farm may use the PII and other information in accordance with the terms of this Policy.

Sharing of PII and Other Information

Except as noted herein, Grace Rose Farm does not sell or share your PII with any person or entity outside of Grace Rose Farm  If a third party vendor or service provider directly collects PII through the Site, that is addressed in the above "Collection and Use of Information" section.

The Site may integrate with social media sites/services which let you share actions you take on the Site with other sites, apps, or media, and vice versa. Please review the privacy policies of those social media services for more information about how they handle the information you provide to or share through them.

In addition to any other information sharing or disclosure practices described in this Policy, Grace Rose Farm will share certain portions of PII and non-PII with its third party contractors, vendors, and service providers in order to make the Site and Site related services function properly. This may include sharing information with:

  • our order processing/fulfillment and credit/debit card processing entities in order to process any orders and credit/debit card payments made through the Site;
  • marketing, customer service, survey and mailing/postal vendors to assist us with our business and marketing communications; and
  • our email vendor to send you emails on our behalf.

Grace Rose Farm may share PII with our subsidiaries and affiliates, joint ventures, or other companies under a common control, in which case we will require these affiliates to honor this Policy.

Grace Rose Farm will disclose your PII if it reasonably believes it is required to do so by law or in cooperation with a governmental or law enforcement investigation. Grace Rose Farm may also share PII or other information in order to avoid imminent physical harm to any person or harm to any Grace Rose Farm rights or property (including, without limitation, in the event of a transfer of control of Grace Rose Farm or substantially all of its assets).

Grace Rose Farm may share your PII with a third party if Grace Rose Farm ownership status changes, such as it being acquired. If our company or our assets are acquired by another company, that company will possess the PII collected by us and it will assume the rights and obligations regarding your PII as described in this Policy.

Other than what is referenced above, the PII collected from you is not shared with nor sold to any person or entity outside of Grace Rose Farm.

Your California Privacy Rights

If you are a California resident, California law provides you with a number of rights in relation to your personal information. We will not discriminate against any consumer exercising any of these rights. If you are a resident of the State of California, you have the following rights:

  1. The Right to Know. You have a right to know what categories and specific pieces of personal information have been collected about you. You also have a right to know the categories of sources from which we have obtained this personal information. You have the right to know our business and/or commercial purposes for collecting, using, or disclosing your personal information. Finally, you have the right to know the categories of third parties with whom we share this information, and the categories of information we have so shared for a business purpose.
  2. The Right to Specific Information. You have a right to receive a copy of  the specific personal information we have collected about you.
  3. The Right to Delete. You have a right to have your collected personal information deleted, subject to certain exceptions provided by California law.

Assertion of these rights requires a verified request from you. To make requests, or if you have a question regarding our privacy practices, please contact Customer Support

Grace Rose Farm Messaging Terms & Conditions

Grace rose farm (hereinafter, "Grace Rose Farm," "We," "Us," "Our") is offering a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Messaging Privacy Policy. By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts (including those in the "Other Terms and Policies" section below). Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.

1. User Opt In. You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Grace Rose Farm, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. By providing your phone number, you represent and warrant that you are providing your own phone number, and not someone else’s, and that you are a legally-authorized user of this phone number. Consent to receive automated marketing text messages is not a condition of any purchase. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply. Message frequency varies.

2. User Opt Out. If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Grace Rose Farm and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

3. Other Terms and Policies. You also agree to our Messaging Privacy Policy, Grace Rose Farm Terms of Service and Grace Rose Farm Privacy Policy.

4. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, customer support, delivery (including order confirmations, tracking information, and shipping updated via email), other transactional-related messages and sale of our products. Messages may include checkout reminders.

5. Message Frequency, Cost and Changes. Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which Our messages are sent.

6. Support Instructions. For support regarding the Program, text "HELP" to the number you received messages from or email us at support@gracerosefarm.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

7. MMS Disclosure. The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

8. Our Disclaimer of Warranty. The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

9. Supported Devices. The Program is offered on an "as-is" basis. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Grace Rose Farm, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

10. Contact. This Program is a service of Grace Rose Farm, located at PO Box 1180, Somis CA 93066, United States.

11. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

12. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITEC" Act); and
  • - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

13. Dispute Resolution. In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Somis , CA before one arbitrator. No class actions. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THIS AGREEMENT, YOU AND Grace Rose Farm ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT (the "FAA"). The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Grace rose farm Company’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the FAA. The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. Notwithstanding anything to the contrary in this Agreement, if Grace Rose Farm makes any future change to this arbitration provision, you may reject the change by sending Us written notice within 30 days of the change to PO Box 1180, Somis CA 93066, United States, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Grace Rose Farm.

If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

14. State Law:

  • Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
  • Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code.
  • Oklahoma: We endeavor to comply with the Oklahoma Telephone Solicitation Act of 2022 as applicable to Oklahoma residents.  For purposes of compliance, you agree that we may assume that you are an Oklahoma resident if, at the time of opt-in to Program, the area code for the phone number used to opt-into the Program is an Oklahoma area code.  You agree that the requirements of the Oklahoma Telephone Solicitation Act do not apply to you, and you shall not assert that you are an Oklahoma resident, if you do not meet the criteria or, in the alternative, do not affirmatively advise us in writing that you are an Oklahoma resident by sending written notice to Us.  Insofar as you are an Oklahoma resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Oklahoma Statutes Title 15 (including but not limited to sections 775C.1, 775C.2, 775C.3, 775C.4 and 775C.5), to the extent the law is otherwise relevant and applicable.

 

16. Miscellaneous. You warrant and represent to Us that you have all necessary rights, power, and authority to agree to the terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the terms of this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these terms unless explicitly stated otherwise in writing. We reserve the right to change these terms from time to time. Any updates to this Agreement shall be communicated to you. Prior to such communication, the terms of this Agreement in effect as last made available to you immediately prior to your receipt of the notice will continue to govern our relationship. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.