Effective date: May 25, 2018
Moon Valley Nurseries Inc. ("us", "we", or "our") operates the https://www.moonvalleynurseries.com/ website (the "Service").
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
Service is the https://www.moonvalleynurseries.com/ website operated by Moon Valley Nurseries Inc.
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies are small pieces of data stored on your device (computer or mobile device).
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service.
You can enable or disable location services when you use our Service at any time, through your device settings.
Tracking & Cookies Data
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
Use of Data
Moon Valley Nurseries Inc. uses the collected data for various purposes:
- To provide and maintain our Service
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer support
- To gather analysis or valuable information so that we can improve our Service
- To monitor the usage of our Service
- To detect, prevent and address technical issues
- To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
Moon Valley Nurseries Inc. may process your Personal Data because:
- We need to perform a contract with you
- You have given us permission to do so
- The processing is in our legitimate interests and it's not overridden by your rights
- For payment processing purposes
- To comply with the law
Retention of Data
Moon Valley Nurseries Inc. will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Transfer of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
Disclosure of Data
Disclosure for Law Enforcement
Under certain circumstances, Moon Valley Nurseries Inc. may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Moon Valley Nurseries Inc. may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of Moon Valley Nurseries Inc.
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
Security of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
"Do Not Track" Signals
We do not support Do Not Track ("DNT"). 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.
Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Moon Valley Nurseries Inc. aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where Moon Valley Nurseries Inc. relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
Google AdWords remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950
To opt-out from Facebook's interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
The payment processors we work with are:
Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 ("Children").
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
- By email: [email protected]
Effective date: August 15, 2019
Rules Applications: These rules govern all Moon Valley Nurseries Online Social Media Contests appearing on the Verified Official Moon Valley Nurseries Twitter ("Moon Valley Nurseries Twitter Page"), Facebook Fan Page ("Moon Valley Nurseries Facebook Page"), and Instagram Fan Page ("Moon Valley Nurseries Instagram Page"). Moon Valley Nurseries and its representatives are not responsible for the fulfillment of Contests on pages other than the Verified Official Moon Valley Nurseries Fan Pages.
Eligibility: (18 and over U.S. Only) You must be a legal resident of the United States and 18 years or older at the time of entry. Void in overseas U.S. territories, possessions, commonwealths, and military installations, and where prohibited by law. Employees and agents of Moon Valley Nurseries, America’s Tire, Twitter, Inc., Facebook, Inc., their respective affiliates, subsidiaries, advertising, and promotional agencies, any other prize sponsor, and any entity involved in the development, production, implementation, administration or fulfillment of the Contest, and the immediate family members and persons living in the same household, whether related or not, are not eligible to participate or win. Twitter Inc., and Facebook Inc., are not sponsors of this Contest nor provide endorsement of or is in any way affiliated with this Contest.
How to Enter: Twitter (Re-tweet Our Tweet)
Eligible participants must first be a "Follower" or "Follow" the Moon Valley Nurseries Twitter Page.
The participant must then "Re-Tweet" the exact Contest verbiage originally sent from the Moon Valley Nurseries Twitter Page. Changing, adding, or deleting any verbiage from the original Moon Valley Nurseries tweet may disqualify the participant from winning.
Or, How to Enter: Facebook (Like Post, Comment on Post)
Eligible participants must Comment or Like a Post specific to a Facebook Contest on the Official “Verified” Moon Valley Nurseries Facebook Page or Moon Valley Nurseries Instagram Page.
Conduct: (Don't be a Troll) By entering the Contest, entrants agree to comply with and be bound by these Official Rules. Failure to comply with these Official Rules may result in disqualification from the Contest. Entrants further agree to comply with and be bound by the decisions of the judges, which will be final and binding in all respects. Moon Valley Nurseries reserves the right in its sole discretion to disqualify any individual it finds to be: (a) tampering or attempting to tamper with the entry process or the operation of the Contest or any Moon Valley Nurseries website; (b) violating the Official Rules; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Moon Valley Nurseries or Contestrelated property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
Winner Selection: Winners are prohibited from winning more than once in a 6-month period. Winners will be selected by a representative of Moon Valley Nurseries on the basis of qualitative factors including but not limited to the following: Entrant’s previous engagement with the Moon Valley Nurseries Twitter and/or Facebook Page, Amount of Followers and/or Likes/Friends of the Entrant, Entrant's history of Activity on Twitter and/or Facebook, Entrants public conduct with regard to Moon Valley Nurseries and Entrant’s public evangelism for Automotive culture. Winners will be notified via Direct Message on Twitter and/or Facebook within 24 hours of the Contest end. After Moon Valley Nurseries sends the Entrant a notification that they have won, the winner has 24 hours to respond via Twitter Direct message and/or Facebook Message with their mailing address and phone number. P.O. Boxes are not acceptable and will disqualify the Entrant if an alternative mailing address cannot be provided. Moon Valley Nurseries is not responsible for packages that are lost, stolen, or undeliverable. Prizes may require up to 28 days to be delivered.
Prizes: The actual prize will be pictured in the Initial Contest Tweet and/or Facebook Post and is subject to change at any time. Moon Valley Nurseries is not responsible for defective items and does not guarantee or warranty any item offered as a prize. Winners may be required to sign a Declaration of Eligibility, License, and Release in order to receive a Contest prize.
Limitations of Liability: Moon Valley Nurseries assumes no responsibility for lost, late, misdirected, garbled or unintelligible entries or Tweets, or for theft, destruction or unauthorized access to, or alteration of, entries. Moon Valley Nurseries is not responsible for any incorrect or inaccurate information, whether caused by website users, to any of the equipment or programming associated with or utilized in the Contest, or any technical or human error which may occur in the processing of submissions in the Contest. Moon Valley Nurseries assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing. Moon Valley Nurseries is not responsible for any injury or damage to participants or to any computer equipment related to or resulting from participating or downloading materials in this Contest. If the Contest is not capable of running as planned, for any reason, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Moon Valley Nurseries which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Moon Valley Nurseries reserves the right in its sole discretion, to cancel, terminate, modify or suspend the Contest and select winners from among all eligible entries received prior to the cancellation.
Moon Valley Nurseries reserves the right to end its Twitter and/or Facebook Contests without fulfillment of prizes for any reason at any time.
Release of Liability By accepting the prize, winning Entrants hereby agree to grant to FTC, its agents, subsidiaries, affiliates, successors, licensees and assigns, an exclusive, fully paid, worldwide, perpetual right to use their name, image, likeness and voice ("Image(s)"), in any media, form or format now existing or hereinafter created (including, but not limited to, television, radio, cable, video, CD, DVD, MP3, internet, mobile devices, newspapers and magazines) to publicize Entrant’s selection as the winner of the Contest, without further compensation.
By accepting the prize, winning Entrants hereby forever release and discharge FTC, its employees, licensees, agents, successors, and assigns from any claims, actions, damages, liabilities, costs, or demands whatsoever arising from the Contest, including but not limited to the conduct of the Contest, the awarding of a Contest prize to the Entrant and the use of the Image(s).
Some restrictions may apply. Winners may not substitute or exchange Prizes. Moon Valley Nurseries reserves the right to substitute a prize of equal or greater value for a Prize or any portion thereof. Prizes are not assignable or transferable. PRIZES WILL BE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
Release and Declaration: All Entrants release Moon Valley Nurseries and its affiliated and successor corporations, their directors, officers, shareholders, employees and other agents, professional advisors, advertising and promotion agencies, from and against all claims and damages arising in connection with the Entrant’s entry and/or participation in the Contestand/or his or her receipt or use of any Prize awarded in the Contest. As a condition to being awarded a Prize, the winner will be required to execute and deliver to Moon Valley Nurseries a signed Declaration of Eligibility, License, and Release which includes a certification of age and residence, acknowledgment, and agreement to these Contest Rules, license to use the Entrant's entry and a release of liability. If the value of the Prize is more than $599, you will also be required to provide your social security number for tax reporting purposes.
Taxes: All federal, state and local taxes (including any sales taxes) associated with the receipt or use of a Prize will be the sole responsibility of each Winner. Winners may receive an IRS form 1099 at the end of the calendar year if the value of the Prize is within IRS guidelines, and a copy of such form will be filed with the IRS. Any additional costs relating to the Prize, and incurred as a result of accepting a prize, are the sole responsibility of each Winner.
Indemnity: You agree to indemnify, defend and hold Moon Valley Nurseries harmless from and against any third-party claims arising out of or relating to any breach of any representation, warranty or covenant made by Entrant in connection with his or her entry into the Contest and agreement to these Contest Rules.
Disclaimer: Moon Valley Nurseries and its affiliated and successor corporations, their directors, officers, shareholders, employees and other agents, will not be responsible for: (a) entries that are incomplete, late, lost, illegible, misplaced, misdirected or mutilated; (b) telephone, electronic, hardware, software, network, or other computer-related or communications-related malfunctions or failures; (c) any Contest disruptions, injuries, losses or damages caused by events beyond the control of Moon Valley Nurseries; or (d) any printing or typographical errors in any materials associated with the Contest. Moon Valley Nurseries shall not be responsible for the quality or adequacy of the Prize or any portion thereof or the products or services to be provided to the Prize winner. Moon Valley Nurseries will not be responsible or liable for loss or injury resulting from Entrant's entering the Contest, or from a Winner’s acceptance or use or misuse of the Prize or any portion thereof. Each Winner will be required to sign a liability waiver. By submitting an entry, all Entrants accept and agree to these Contest Rules and the decisions of Moon Valley Nurseries in administering the Contest, which shall be final. Each Winner assumes complete liability for damage to property or injuries to the Winner and his or her guests or invitees caused or claimed to be caused by participation in the Contest, or the use or misuse of the Prize or any portion thereof.
Moon Valley Nurseries will not sell, trade or rent your information. Moon Valley Nurseries may use the information it has collected about you to send you information or materials about products, offers and news that Moon Valley Nurseries believes may interest you; however, Moon Valley Nurseries will provide you with an option to opt-out of receiving such materials. Moon Valley Nurseries may provide some of the services to conduct this Contest through contractual agreements with affiliates, service providers, and other third parties (collectively, the “Service Partners”). Service Partners may use your personal information to operate and provided services related to this Contest. The use of your personal information by Service Partners is governed by the privacy policies of those Service Partners and is not subject to Moon Valley Nurseries' control.
Notwithstanding the foregoing, Moon Valley Nurseries reserves the right to disclose any information in its possession if Moon Valley Nurseries believes that disclosure is necessary to: (i) conform to legal requirements or respond to a subpoena, search warrant or other legal process received by Moon Valley Nurseries, whether or not a response is required by applicable law; (ii) enforce the Contest Rules or to otherwise protect Moon Valley Nurseries 's rights or (iii) protect the safety of members of the public.
General Release: By entering the Contest, you release Moon Valley Nurseries and its affiliated and successor corporations, their directors, officers, shareholders, employees and other agents, professional advisors, advertising and promotion agencies, Contest partners and Prize suppliers from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or the delivery, mis-delivery, acceptance, possession, use of or inability to use the Prize or any portion thereof (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
Miscellaneous: The Contest and these Contest Rules will be governed, construed and interpreted under the laws of the State of Arizona. If any provision of these Contest Rules is declared to violate any applicable federal, state or municipal law, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. Entrants agree to be bound by these Contest Rules and by the decisions of Moon Valley Nurseries, which are final and binding in all respects. Entrants who violate these Contest Rules, tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Moon Valley Nurseries, the Contest or any other Entrant (in each case as determined in Moon Valley Nurseries’ sole discretion) are subject to disqualification from the Contest. If you have any questions about these Contest Rules or the Contest, please send written questions to Moon Valley Nurseries National Headquarters, 20225 North Scottsdale Road Scottsdale, Arizona 85255.
Contest Rules: To obtain a copy of these Contest Rules send a written request to Moon Valley Nurseries National Corporate Office, 19820 N 7th St # 260, Phoenix, AZ 85024, Attention: Contests.
Copyright Notice: The Contest and all accompanying materials are copyright © 2019 Moon Valley Nurseries Corporation. All rights reserved.