Privacy Policy

1. Who we are#

Annie’s Online Nursery, LLC is a Delaware limited liability company at 1202 N West St, Wilmington, DE 19801. Delaware Nursery License No. 2026953503. We grow and deliver plants, garden kits and Christmas trees across Delaware, New Jersey, Pennsylvania and Maryland, and we operate anniesonlinenursery.com (the “Site”) and the AI Yard Designer (the “Designer”).

We are the controller of the personal information described in this policy.

1.1 How to reach us about privacy#

privacy@anniesonlinenursery.com is monitored and is the fastest route for any request about your data. You may also phone or write to us; we will treat any request the same way regardless of how it reaches us.

2. What we collect#

2.1 From you#

2.2 Automatically#

IP address and approximate location derived from it; browser, operating system and device type; pages viewed and links clicked; referring page; timestamps; error and performance diagnostics.

Current status. As of this version, the Site runs no third-party analytics or advertising trackers and sets no cookies of its own. Our checkout provider sets its own. We describe advertising practices in § 6.3 because we expect to add measurement tools; we will update the date above and give notice before we do.

2.3 On your device#

The cart and Designer store data in your browser’s local storage, not cookies: cart contents, generated designs and most recent design ID, the email used for Designer verification, and a verification flag. This is strictly necessary for those features to work.

It remains until you clear browser storage. Because your email is stored locally, anyone with access to your device and browser can see it.

2.4 From others#

Shopify — order details, fulfillment status, limited contact information. Union Park Landscaping — whether an installation completed, so we can issue your credit. Payment processors — confirmation of success or failure. We never receive your card number.

2.5 What we do not collect#

We do not knowingly collect government identifiers, financial account numbers, precise geolocation, biometric identifiers, health information, racial or ethnic origin, religious or philosophical beliefs, trade union membership, sex life or sexual orientation data, or criminal offence data.

We do not use photographs you upload for facial recognition or any biometric identification purpose.

3. Your Designer photographs#

Because the Designer asks you to photograph your home, we want to be specific.

What we do with it. We transmit it to an artificial intelligence provider, which processes it to produce rendered images and plant recommendations. We store the original photograph, generated images, your answers and the resulting plant list on our servers so the design can be retrieved and shared.

How long. Up to 24 months, or until you ask us to delete it — whichever comes first.

Who can see it. Each design has a randomly generated identifier. Anyone holding that identifier — someone you sent a link to, or anyone they forward it to — can view the design and your photograph. Share links are unlisted, not private.Don’t upload anything you wouldn’t want a recipient to see: visible house numbers, license plates, people, or interiors visible through windows.

Marketing use. See § 6.4, including how to opt out.

Please don’t uploadphotographs of other people without their permission, of property you don’t own or occupy, or containing sensitive personal information.

Automated processing. The Designer generates suggestions automatically. It does not make any decision that produces legal or similarly significant effects concerning you. It does not price differently by person, assess creditworthiness, or determine whether we will serve you. It suggests plants.

4. Checkout#

Checkout runs on Shopify’s hosted pages, not ours. Shopify collects payment details directly; card numbers, CVV codes and wallet credentials are never transmitted to or stored by us. Shopify sets its own cookies and applies its own privacy policy. We receive the order record, not your payment credentials.

5. Purposes and legal bases#

For every processing activity, here is why we do it and what justifies it.

Where we rely on a legitimate interest, we have considered whether it is outweighed by your rights and concluded it is not, because the processing is limited, expected and low-risk. You may object at any time — email privacy@anniesonlinenursery.com.

Where we rely on your consent, you may withdraw it at any time, and withdrawal does not affect processing already carried out.

Providing your delivery details is necessary to form a contract with us. If you don’t provide them we can’t deliver. Everything else — Designer photographs, marketing consent — is entirely optional.

6. How we use information#

6.1 Operations#

Processing, scheduling and delivering orders; calculating delivery fees; generating designs; verifying email and enforcing Designer limits; answering questions and handling returns; passing installation requests to Union Park and tracking credits; accounting and tax records; nursery inspection and phytosanitary documentation; fraud detection; site security.

6.2 Marketing email#

If you opt in, we may send newsletters, seasonal offers, plant care tips, restock notices and Christmas tree reminders. We use purchase and browsing history to choose what to send.

Every marketing email includes an unsubscribe link and our physical postal address, and we honor unsubscribes promptly. Unsubscribing does not stop transactional messages — order confirmations, delivery scheduling, verification codes — which you need to complete a purchase.

6.3 Advertising#

We may use your information, including a hashed email address, for analytics and measurement, custom audiences, retargeting, and lookalike audiences.

Under several US state privacy laws some of this is defined as “sharing” or “selling” for targeted advertising, even with no money changing hands. You can opt out at any time:

• The “Do Not Sell or Share My Personal Information” link in the footer of every page
• Enabling Global Privacy Control in your browser — we honor it
• Emailing privacy@anniesonlinenursery.com, subject “Opt Out”

We do not sell personal information for money, and we do not sell or share the personal information of anyone we know to be under 16.

6.4 Photographs in marketing#

By uploading a photograph or placing an order, you grant Annie’s a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt and display the photographs you upload, the designs generated from them, and photographs our team takes at delivery, to promote Annie’s Online Nursery.

We will not publish an image in which your house number, street sign or license plate is legible, and we will not identify you by full name or street address without asking first.

To opt out: email privacy@anniesonlinenursery.com, subject “Photo opt-out.” We stop using your images going forward and remove them from channels we control. We cannot recall material already printed, reshared by others, or cached by search engines.

6.5 Other#

As needed to comply with law, respond to lawful requests, enforce our Terms, protect rights and safety, and in connection with a merger, acquisition or asset sale.

7. Who we share with#

We do not sell your personal information for money.

Service providers may use your information only to perform services for us.

Union Park is an independent company, not our agent. Their handling of your information is governed by their own practices, not this policy.

Legal and safety — subpoenas, court orders, legal process; investigating fraud or Terms violations; protecting rights, property or safety.

Business transfers— if Annie’s is acquired or sells substantially all assets. We’ll notify you if your information becomes subject to a materially different policy.

At your direction — sharing a design link discloses that design and its photograph to whoever receives it.

8. Cookies and tracking#

Local storage (§ 2.3) is strictly necessary for the cart and Designer and cannot be disabled without breaking them.

Cookies. We currently set none. Shopify sets cookies on its checkout pages. If we add analytics or advertising cookies, we will implement a consent banner and obtain consent before setting any non-essential cookie where consent is required.

Browser controls. Blocking or clearing storage will empty your cart and remove saved designs from that device.

Global Privacy Control. We honor GPC as a valid opt-out of sale and sharing for targeted advertising. Do Not Track. No common standard exists; we do not respond to DNT separately from GPC.

9. How long we keep things#

We may keep information longer where required by law or needed to resolve an active dispute. When a retention period ends, we delete or irreversibly anonymise the data.

10. Security#

HTTPS across the Site; access limited to what a role requires; reliance on established platforms — Shopify for payments, reputable cloud providers for hosting — rather than building sensitive systems ourselves. We do not store payment card numbers.

No system is perfectly secure, and we can’t guarantee that unauthorized parties will never defeat our safeguards. Be thoughtful about what appears in photographs you upload.

If we become aware of a personal data breach, we will notify affected individuals and any required regulators within the timeframes the law requires.

What happens next#

This is available to everyone, regardless of where you live or which law applies to you. You do not need to explain why.

Tell us what to delete. If you want a specific design removed, include the design link or ID. If you want everything, say so.

What we cannot delete, and why.Order and transaction records we’re legally required to keep (§ 9), nursery certification records, and information needed to resolve an open dispute or complete a pending delivery. We will tell you specifically what we retained and the reason. Everything else goes.

How we verify you. We confirm you control the email address associated with your orders or designs — usually by replying to a message sent to it. We will not ask for more information than necessary, and we will not create an account or collect new data just to verify a deletion request.

No charge, unless a request is manifestly unfounded or excessive, in which case we will tell you before doing anything.

No penalty. We will not refuse service, charge different prices, or provide lower quality service because you exercised a privacy right.

12. California residents#

This section supplements the rest of this policy for California residents and uses terms defined in the California Consumer Privacy Act as amended by the CPRA.

12.1 Notice at collection#

In the preceding 12 months we collected the following categories:

We do not collect sensitive personal information as defined by § 1798.140(ae). Because we collect none, the right to limit its use and disclosure does not arise.

Retention is set out in § 9. We do not retain any category longer than stated there.

12.2 Sale and sharing#

We have not sold personal information for monetary consideration in the preceding 12 months.

If and when we enable advertising measurement, disclosing identifiers and internet activity to advertising platforms may constitute “sharing” for cross-context behavioral advertising under § 1798.140(ah). You may opt out at any time via the footer link, Global Privacy Control, or privacy@anniesonlinenursery.com.

We do not sell or share the personal information of consumers we know to be under 16 (§ 1798.120(c)).

12.3 Your California rights#

• Know / access what we collected, sources, purposes, and categories of recipients (§§ 1798.100, .110, .115)
• Delete personal information we hold (§ 1798.105) — see § 11
• Correct inaccurate personal information (§ 1798.106)
• Portability — a copy in a readily usable format (§ 1798.100)
• Opt out of sale or sharing (§ 1798.120)
• Limit use of sensitive personal information (§ 1798.121) — not applicable; we collect none
• Non-discrimination (§ 1798.125)

How. Email privacy@anniesonlinenursery.com or call (302) 757-5496. We respond within 45 days, extendable once by a further 45 days if we tell you why.

Authorized agents may submit requests with written authorization; we may ask you to verify directly.

Appeals.If we deny a request, reply with subject “Privacy Appeal.” We respond within 45 days. You may also contact the California Privacy Protection Agency or the California Attorney General.

12.4 Other US states#

Residents of Delaware, Virginia, Colorado, Connecticut and other states with comprehensive privacy laws have broadly similar rights — access, deletion, correction, portability, opt-out of targeted advertising, and appeal. We extend all of the rights in this section to residents of every US state, whether or not the relevant statute applies to us. Use the same address: privacy@anniesonlinenursery.com.

13. Where we operate#

Annie’s is a local business serving Delaware, New Jersey, Pennsylvania and Maryland. All data is stored and processed in the United States.

We do not offer goods or services in the United Kingdom, the European Economic Area or Switzerland. We do not accept orders from those regions, we price only in US dollars, we ship nowhere, and we do not track or monitor the behaviour of anyone located there.

The AI Yard Designer is limited to our service area and is not available in the UK, EEA or Switzerland. Visitors from those regions are shown a notice instead of the tool.

If you are in the UK or EEA and believe we hold personal data about you — for example because you used the Designer before this restriction took effect — email privacy@anniesonlinenursery.com and we will delete it. You do not need to explain why, and we will confirm when it is done.

If we ever begin offering goods or services in those regions, we will update this policy, appoint a representative where one is required, and give notice before doing so.

14. Children#

The Site and Designer are for adults. We do not knowingly collect information from anyone under 16, and children under 13 may not use the Site. If you believe a child has provided us information, email privacy@anniesonlinenursery.com and we will delete it promptly.
We ask parents not to let children upload photographs through the Designer.

15. Third-party links#

The Site links to third parties including Shopify’s checkout and Union Park Landscaping. This policy does not apply to them.

16. Changes#

We may update this policy and will change the date above. If changes are material — for example, if we begin sharing information for targeted advertising, add tracking cookies, or extend how long we keep photographs — we will give notice on the Site and, where we have your email address, by email. Superseded versions remain available at /privacy/v/[date].

17. Contact#

Annie’s Online Nursery, LLC