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Privacy Notice

Blue Diamond Growers (hereinafter referred to as “Blue Diamond,” “us,” “we,” “our,” or “Company”) has created this Privacy Policy to apply to all users of Blue Diamond North American websites, including our mobile site, and all digital assets contained, or offered therein (collectively, our “Services”). This Privacy Policy describes, among other things, the types of information we collect from users when you use our Services, how we use it, and how you can access your information.

This Privacy Policy is integrated into our Terms & Conditions of Use (“Terms & Conditions”).

By using the Services and providing us with your personal Information (defined below), you agree to the practices described in this Privacy Policy and Terms & Conditions referenced below and to the updates to these policies posted here from time to time.

If you are a resident of California, Virginia, Colorado, Connecticut, Utah, or the European Union (EU), European Economic Area (“EEA”), or United Kingdom (“UK”), you may be entitled to certain individual rights under the California Consumer Privacy Act of 2018 [as amended by the California Privacy Rights Act of 2020 (“CPRA”)] (collectively, “CCPA”), Virginia Consumer Data Protection Act (“VCDPA”), Colorado Privacy Act (“CPA”), Connecticut Act Concerning Personal Data Privacy and Online Monitoring (“CTDPA”), Utah Consumer Privacy Act (“UCPA”), or the General Data Protection Regulation (“GDPR”) and the UK Data Protection Act 2018 respectively. Please see the Notice to Certain Residents of Data Subject Rights Section of our Privacy Policy for your rights and how to exercise them for users located in California, Virginia, Colorado, Connecticut, Utah, and the EU, EEA, and UK only.

The Information We Collect About You

We may collect the following categories of information about you which are described in more detail below: (A) information you provide to us, (B) sensitive information, (C) information we may automatically collect, and (E) information we may receive from third parties. All of the information listed in (A)-(C), (E) above, are detailed below, and hereinafter referred to as “Information.”

Information You Provide to Us

In using our Services, you may provide us with Information, including, without limitation:

  • Individual identifiers such as name, demographics, name of your company or organization, educational information, contact information such as mailing address, phone number, email address;
  • Photographs of you through Blue Diamond provided photo booths and related photography;
  • Authentication data such as account personal Information and log in credentials, including unique identifiers such as username and password;
  • Payment and transactional information when placing an online order, such as shipping and billing address, preferred shipping method(s), order history, credit card information, and if applicable information on third parties to whom the order is being shipped. Note that we use third party payment processors to facilitate your payments and do not store your payment information;
  • Communications with us, preferences, and other Information you provide to us such as any messages (including via online chat feature), product reviews, opinions and feedback that you provide to us or post publicly, your user preferences (such as in receiving updates or marketing information), and other Information that you share with us when you contact us directly (such as for customer support services); and
  • Additional information as otherwise described to you at the point of collection or pursuant to your consent.

Sensitive Information

With your consent, we may process the following categories of sensitive personal Information when you use our Services:

  • Geolocation data;
  • Photographs of you;
  • Personal Information concerning your health; and
  • Credit card number in combination with any required security.

Information We May Automatically Collect About You

Our Services may automatically collect the following categories of usage and technical Information about you. This Information is used by Blue Diamond for the operation of the Services, to maintain quality of the Services, and to provide general statistics regarding use of the Services. This Information may include:

  • IP address, which is the number associated with the service through which you access the internet, like your ISP (internet service provider);
  • Date and time of your visit or use of our Services;
  • Domain server from which you are using our Services;
  • Type of computer, web browser, search engine used, operating system, or platform you use;
  • Data identifying the web pages you visited prior to and after visiting our website or use of our Services;
  • Your movement and activity within the website, which is aggregated with other Information; and
  • Mobile device information, including the type of device you use, operating system version, and the device identifier (or “UDID”).

Cookies & Technologies Used to Collect Information About You

We and/or certain service providers operating on our behalf may collect Information about your activity, or activity on devices associated with you over time, on our sites and applications, and across non-affiliated websites or online applications. We may collect this Information by using certain technologies, such as cookies, web beacons, pixels, software developer kits, third party libraries, and other similar technologies. Third-party service providers, advertisers, and/or partners may also view, edit, or set their own cookies or place web beacons.

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our website.
  • Web Beacons. Website pages may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity). We also use these technical methods to analyze the traffic patterns, such as the frequency with which our users visit various parts of the Services. These technical methods may involve the transmission of information either directly to us or to a third party authorized by us to collect information on our behalf. Our Services use retargeting pixels from Google, Facebook, and other ad networks. We also use web beacons in HTML emails that we send to determine whether the recipients have opened those emails and/or clicked on links in those emails.
  • Analytics and Fraud Detection. Analytics are tools we may use, such as Google Analytics, to help provide us with information about traffic to our website and use of our Services, which Google may share with other services and websites who use the collected data to contextualize and personalize the ads of its own advertising network. We may also use reCAPTCHA, a tool which utilizes advanced risk analysis techniques to distinguish humans and bots in order to help us protect our websites from fraud, spam, and abuse. You can view Google’s Privacy Practices here: Privacy Policy – Privacy & Terms – Google.
  • Mobile Application Technologies. If you access our website and Services through a mobile device, we may automatically collect information about your device, your phone number, and your physical location.

Our use of online tracking technologies may be considered a “sale” or “sharing” under certain laws. To the extent that these online tracking technologies are deemed to be a “sale” or “sharing” under certain laws, you can opt-out of these online tracking technologies by completing the Do Not Sell form or by broadcasting an opt-out preference signal, such as the Global Privacy Control (GPC). Please note that some features of our website may not be available to you as a result of these choices.

Information We May Receive from Third Parties

We may collect additional Information about you from third-party websites, social media platforms and/or sources providing publicly available information (e.g., from the U.S. postal service) to help us provide Services to you, help prevent fraud, and for marketing and advertising purposes.

This Privacy Policy only applies to Information collected by our Services. We are not responsible for the privacy and security practices of those other websites or Social Media Platforms or the information they may collect (which may include IP address). You should contact such third parties directly to determine their respective privacy policies. Links to any other websites or content do not constitute or imply an endorsement or recommendation by us of the linked website, Social Media Platform, and/or content.

How We Use Your Information

Use and Purpose of Processing Your Information

We use and process your Information for things that may include, but are not limited to, the following:

  • To provide you with the products, Services, and Information you request;
  • To respond to your comments, inquiries, and questions and provide customer service;
  • For general or targeted marketing and advertising purposes, including sending you promotional material or special offers on our behalf or on behalf of our marketing partners and/or their respective affiliates and subsidiaries and other third parties, provided that you have not already opted-out of receiving such communications;
  • To fulfill contracts we have with you, including as applicable, to create an account on our site, ship a product in fulfillment of an order placed online for which you have provided payment, and carry out obligations and enforce our rights based on the contracts we have with you;
  • To manage, improve, and foster relationships with third-party service providers, including vendors, suppliers, and parents, affiliates, subsidiaries, and business partners;
  • Maintain, improve, customize, or administer the Services, perform business analyses, or other internal purposes to improve the quality of our business, the Services, resolve technical problems, improve security, or develop other products and Services;
  • To allow you to participate in interactive features on our sites or to participate in polls, contests, or sweepstakes offered through the sites and to administer these activities, including processing rewards and prizes, subject to additional rules as applicable;
  • To market different promotional materials and campaigns for Blue Diamond products;
  • To process an application, determine eligibility, and process awards in relation to our Scholarship program;
  • To comply with our Terms & Conditions;
  • Analytics for business purposes and business intelligence;
  • Comply with any applicable laws and regulations and respond to lawful requests; and/or
  • For any other purposes disclosed to you at the time we collect your Information and/or pursuant to your consent.

We may also use Information that has been de-identified and/or aggregated for purposes not otherwise listed above.

Sharing or Disclosing Your Information

We may share and/or disclose your Information as set forth in the Privacy Policy and in the following circumstances.

  • Third-Party Service Providers. We may share your Information with third-party service providers that perform certain functions or services on our behalf (such as to host the Services, manage databases, perform analyses, process credit card payments, provide customer service, or send communications for us). These third-party service providers are authorized to use your Information only as necessary to provide these services to us. In some instances, we may aggregate Information we collect so third parties do not have access to your identifiable Information to identify you individually.
  • Disclosure of Information for Legal and Administrative Reasons. We may disclose your Information without notice: (i) when required by law or to comply with a court order, subpoena, search warrant, or other legal process; (ii) to cooperate or undertake an internal or external investigation or audit; (iii) to comply with legal, regulatory, or administrative requirements of governmental authorities (including, without limitation, requests from the governmental agency authorities to view your Information); (iv) to protect and defend the rights, property, or safety of us, our subsidiaries and affiliates, and any of their officers, directors, employees, attorneys, agents, contractors, and partners, and the website service users; (v) to enforce or apply our Terms & Conditions; and (vi) to verify the identity of the user of our Services.
  • Business Transfers. Your Information may be transferred, sold, or otherwise conveyed (“Conveyed”) to a third party where we: (i) merge with or are acquired by another business entity; (ii) sell all or substantially all of our assets; (iii) are adjudicated bankrupt; or (iv) are liquidated or otherwise reorganize.
  • Information Shared with our Subsidiaries and Affiliates. We may share your Information with our subsidiaries and affiliates.
  • De-Identified or Aggregated Data. We may share your Information on an aggregated basis for any purpose in which your specific personal Information is blinded, masked, or otherwise not identifiable.
  • With Your Consent. We may share Information consistent with this Privacy Policy with your consent.

Categories of Information Sold

We may sell the below categories of personal Information. For purposes of this Privacy Policy, “sell”, “sold,” or “sale” means the disclosure of personal Information for monetary or other valuable consideration but does not include, for example, the transfer of personal Information as an asset that is part of a merger, bankruptcy, or other disposition of all or any portion of our business.

Usage and Technical Information

Use of Information

Information about your interaction with our website and content on third-party sites or platforms, such as social networking sites (e.g., IP address; browsing history; search history; device information; information about user’s interaction with website, such as scrolling, clicks, and mouse-overs via cookies, pixel tags, web beacons, transparent GIFs; browser information; operating system and platform; geolocation information; user content (e.g., photos, videos, audio, images, social media /online posts, first-party works).

Links to Other Websites

Our Services may contain links to other websites or services that are not owned or controlled by us, including links to Social Media Platforms such as Facebook, Instagram, or YouTube, or may redirect you off our website away from our Services.

This Privacy Policy only applies to Information collected by our Services. We are not responsible for the privacy and security practices of those other websites or Social Media Platforms or the information they may collect (which may include IP address). You should contact such third parties directly to determine their respective privacy policies. Links to any other websites or content do not constitute or imply an endorsement or recommendation by us of the linked website, Social Media Platform, and/or content.

Information Security

We use commercially reasonable and appropriate administrative, physical, and technical security measures to provide our Services and safeguard your Information. However, no data transmitted over the Internet or stored or maintained by us or our third-party service providers can be 100% secure. Therefore, we do not promise or guarantee, and you should not expect, that your Information or private communications will always remain private or secure. We do not guarantee that your Information will not be misused by third parties. We are not responsible for the circumvention of any privacy settings or security features. You agree that we will not have any liability for misuse, access, acquisition, deletion, or disclosure of your Information.

If you believe that your Information has been accessed or acquired by an unauthorized person, you should promptly Contact Us so that necessary measures can quickly be taken.

Data Retention

We will retain your Information for as long as needed to provide you Services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. We will retain and use your Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. In accordance with our routine record keeping, we may delete certain records that contain Information you have submitted to us. We are under no obligation to store such Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Information.

Your Choices

Marketing Communications

If you do not want to receive marketing and promotional emails from us, you may click on the “unsubscribe” link in the email to unsubscribe and opt-out of marketing email communications or see How to Contact Us below for more information.

Opting Out of Direct Marketing by Third Parties

Notice to Certain Residents of Data Subject Rights

Residents of certain U.S. states may have rights and choices regarding their personal information. To the extent any data protection law applies to our collection of your personal information, this supplemental section of our Privacy Policy outlines the individual rights you may be entitled to and how to exercise those rights.

Depending on where you live and subject to certain exceptions, you may have some or all of the following rights.

  • Right to Know and Access. You may have the right to request that we confirm whether we process your personal information, and to request information about our collection and use of your personal information, including whether we sell or share your personal information. You also have the right to request access to personal information we may process about you.
  • Right to Data Portability. Where the processing is carried out by automated means, and subject to certain exceptions, you may have the right to request and obtain a copy of your personal information that you previously provided to us in a portable format. In addition, to the extent technically feasible, you may have the right to obtain your personal information in a readily usable format that allows you to transmit the personal information to another data controller without hindrance.
  • Right to Request Correction of Inaccurate Personal Information. To the extent that we may maintain inaccurate personal information, you may have the right to request that we correct such inaccurate personal information, taking into account the nature of the personal information and the purposes of the processing of the personal information.
  • Right to Request Deletion. You may have the right to request that we delete certain personal information or records provided by or obtained about you, with certain exceptions and limitations as allowed under law.
    Right to Opt Out of the Sale and Sharing of Personal Information. You may have the right to opt out of the processing of your personal information for the purpose of selling or sharing your personal information for cross-context behavioral advertising. We do not sell or share your personal information.
  • Right to Opt-Out of the Use of Personal Information for Targeted Advertising and Profiling. You may have the right to opt out of the processing of your personal information for purposes of targeted advertising or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. We do not use your Information for targeted advertising or profiling purposes.
  • Right to Limit Use and Disclosure of Sensitive Personal Information. You may have the right to request that we limit the ways we use and disclose your sensitive personal information to uses which are necessary for us to perform the Services, or deliver the goods reasonably expected by you, or as authorized by law.
  • Right to Non-Discrimination. You may have a right to not be discriminated against in the Services or quality of Services you receive from us for exercising your rights. We will not discriminate against you for exercising any of your rights in this section including denying goods or Services, charging different prices or rates for goods or Services, or providing a different level of quality of goods and Services. However, we may offer a different price, rate, level, quality, or selection of goods or Services, including offering goods or Services for no fee, if you have exercised your right to opt-out.
  • Right to Disclosure of Direct Marketers. You may have a right to know the categories and names/addresses of third parties that have received personal information for their direct marketing purposes upon simple request, and free of charge.
  • Right to Appeal. You may have the right to appeal a denial of any request you make under this section. To exercise your right to appeal, please submit an appeal request via the information in the How to Contact Us section below or using the Your Privacy Choices form. Within the certain timeframe of receipt of your appeal, as proscribed by the applicable law we will inform you in writing of any action taken or not taken in response to your appeal, including a written explanation of the reasons for the decisions. If we deny your appeal, you may contact the Attorney General or another authority which we will help you identify.

To learn more about whether you are guaranteed certain rights, or to submit a request to exercise your rights, please contact us using any of the methods in the How to Contact Us section or using the Your Privacy Choices form.

Additional Terms for EU and UK Visitors

This website is intended only for users located in the United States. To the extent that you are accessing this website from a location within the European Union and/or the United Kingdom, the following information shall apply to the collection and processing of your Personal Information. For a full description of the collection and processing of data from users located in the EU/UK, please visit our EU/UK website (www.bluediamondalmonds.co.uk).

The data controller for this Site is Blue Diamond Growers. Blue Diamond processes Personal Information it collects through the Site for Blue Diamond’s legitimate business purposes, as described above. 

You may have the right to access and/or obtain a copy of your Personal Information, correct inaccuracies in your Personal Information, request the erasure of your Personal Information and restrict the processing of your Personal Information. For more information about how you can access, rectify and erase your Personal Information or make any other requests relating to your Personal Information, please see the “Contact Us” section of this Privacy Notice below. 

In addition, you have the right to lodge a complaint with a supervisory data protection authority, contact information is available at https://edpb.europa.eu/about-edpb/board/members_en.

Exercising Your Data Subject Rights

To exercise any of the rights described above, please submit a verifiable consumer request to us via the methods described below. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Information, or an authorized representative; and
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

To help protect your privacy and maintain security, if you request access to or deletion of your Information, we will take steps and may require you to provide certain information to verify your identity before granting you access to your Information or complying with your request. In addition, if you ask us to provide you with specific pieces of Information, we may require you to sign a declaration under penalty of perjury that you are the consumer whose Information is the subject of the request. Only you or your authorized agent may make a verifiable consumer request related to your Information. If you designate an authorized agent to make a request on your behalf, we may require you to provide the authorized agent written permission to do so and to verify your own identity directly with us (as described above). You may also make a verifiable consumer request on behalf of your minor child.

Email us: privacy@bdgrowers.com

Call us: 833-455-0256

Write us:
1802 C Street
Sacramento, CA 95811

Geographic Location of Data Storage and Processing

Our Services collect Information and process and store that Information in databases located in the United States where our primary processing operations are located or possibly another country where our service providers may operate. If you are visiting the Services from a country outside the United States, you should be aware that you may transfer personally identifiable Information about yourself to the United States, and that the data protection laws of the United States may not be as comprehensive as those in your own country. By visiting the Services and submitting any personally identifiable Information you consent to the transfer of such personally identifiable Information to the United States or another country outside your country of origin.

Children’s Information

The Services are intended only for users over the age of sixteen (16). If we become aware that a user is under sixteen (16) (or a higher age threshold where applicable) and has provided us with Information, we will take steps to comply with any applicable legal requirement to remove such Information. Contact us if you believe that we have mistakenly or unintentionally collected Information from a child under the age of sixteen (16).

Difficulty Accessing Our Privacy Policy

Individuals with disabilities who are unable to usefully access our Privacy Policy online may contact us to inquire how they can obtain a copy of our policy in another, more easily readable format.

“Do Not Track” Signals

We support “Do Not Track.” Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable “Do Not Track” by visiting the “Preferences” or “Settings” page of your web browser. Do Not Track is different from Global Privacy Controls (“GPC”), which may notify websites of consumers’ privacy preferences regarding the sale or sharing of personal Information, or the use of sensitive personal Information.

Changes to this Privacy Policy

We reserve the right to change, modify, or amend this Privacy Policy at any time to reflect changes in our products and service offerings, accommodate new technologies, regulatory requirements, or other purposes. If we modify our Privacy Policy, we will update the “Effective Date” and such changes will be effective upon posting. It is your obligation to check our current Privacy Policy for any changes.

How to Contact Us

We reserve the right to change, modify, or amend this Privacy Policy at any time to reflect changes in our products and service offerings, accommodate new technologies, regulatory requirements, or other purposes. If we modify our Privacy Policy, we will update the “Effective Date” and such changes will be effective upon posting. It is your obligation to check our current Privacy Policy for any changes.

Email us: privacy@bdgrowers.com

Call us: 833-455-0256

Write us:
1802 C Street
Sacramento, CA 95811

Effective Date: April 4, 2023