Privacy Policy

Gardner, Inc. (“we”, “our”, or “us”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy (the “Policy”). This Policy describes how Gardner, Inc. collects, uses, shares, and protects your personal information, what choices you have relating to your personal information, and how you can contact us.

Section 1 - About This Policy

This Privacy Policy applies to the online and offline practices regarding the processing of personal information of customers and visitors carried out by Gardner Inc. as the data controller, including on gardnerinc.com, ordertree.com, pesnet.com, bcsamerica.com, all subdomains related to these sites, other related websites that we have linked to this Privacy Policy, and any software programs that we utilize in our physical locations (collectively “Websites”). Processing by other affiliated entities or third parties may be governed by separate privacy policies, and we recommend that you review the privacy policies of those websites.

Intended For Users in the United States
Gardner, Inc. operates in accordance with the laws of the U.S. When you access our Websites from outside the U.S., we may transfer the personal information that we collect from you to a location outside of your jurisdiction, including to the U.S. The data protection laws in these jurisdictions may not provide you with the same protections as those of your jurisdiction. By using this Site, you acknowledge that these laws may provide a different standard of protection and you consent to the transfer of your personal data to other jurisdictions, including the U.S.

Accessibility
Persons with disabilities may obtain this privacy notice in alternative format upon request by contacting us at privacy@gardnerinc.com or calling 1-800-GARDNER.

Applicable Law
This Policy is governed by the laws of the State of Ohio, without regard to its conflict of laws principles. Jurisdiction for any claims arising under or out of this Policy shall lie exclusively with the state and federal courts within the State of Ohio. If any provision of this Policy is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these terms will continue in full force and effect and in the manner most favorable to Gardner, Inc.

Section 2 - Scope of Policy

This Privacy Policy applies to the Gardner, Inc. subsidiaries, affiliates, and other entities controlled by Gardner, Inc. as are identified below (collectively, “Gardner, Inc.”):

▪ Gardner, Inc.
▪ Max, Inc.
▪ BCS America, LLC

This Privacy Policy applies only when Gardner, Inc. is collecting or otherwise processing personal information for Gardner, Inc.’s purposes (i.e., when Gardner, Inc.—either alone or in common with other entities—is a controller and therefore determines the purposes for which and the manner in which any personal information is processed).
Certain jurisdictions may prohibit or limit the collection, use or sharing of specific categories of personal information; accordingly, this Privacy Policy describing our practices may be limited by those laws and/or further clarified in any country-specific appendices applicable to you and attached to this Privacy Policy. When in conflict with this Privacy Policy, those appendices control.

Section 3 - Information We Collect & How We Use It

For purposes of this Privacy Policy, personal information is any information about a specific individual or that identifies or may identify a specific individual. In other words, it is any piece of information than can be linked to you. Certain jurisdictions may prohibit or limit the collection of specific categories of personal information. Subject to local law and any attached appendices, examples of personal information we may collect and the purpose for which it may be used include, but are not limited to:

Individual Identifiers & Demographic Information
▪ Examples – A real name, company name alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, address, telephone number, account name, credit card information, your areas of interest or other similar identifiers.

▪ Processing Purpose(s) – Processing orders (including collecting payment and sending invoices), delivering products/services, responding to inquiries, management of customer purchases and accounts, compiling details of user engagement, sending marketing materials (including offers and other information we feel may be of interest to you), administration of
contests and surveys, processing job applications and Human Resources Data for purposes of administration and communication, and to comply with labor law requirements.

Commercial Information
▪ Examples – Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

▪ Processing Purposes – Processing orders (including collecting payment and sending invoices), delivering products/services, responding to inquiries, management of customer purchases and accounts, compiling details of user engagement, sending marketing materials (including offers and other information we feel may be of interest to you), and administration of contests and surveys.

Internet or Network Activity
▪ Examples – Type of browser you are using, terms you enter into the search functions of our Websites, information on a Consumer’s interaction with a website, application, or advertisement, and the websites you visit immediately before and immediately after you visit our Websites.

▪ Processing Purposes – To evaluate consumer trends and usage related to our Websites and allows us to improve our Website content and offerings accordingly, and sending marketing materials (including offers and other information we feel may be of interest to you).

Information Not Included
▪ Publicly Available Information – “Publicly available” information means information in any form that is generally accessible, without restriction, to the public.

▪ Deidentified or Aggregate Information – “Deidentified Information” means information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular individual. “Aggregate Information” means information that relates to a group or category of individuals, from which individual identities have been removed, that is not linked or reasonably linkable to any individual or household, including via a device.

▪ Excluded Information – Certain laws require separate privacy notices or are exempt from general personal information privacy policy disclosure requirements. Such laws include health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or clinical trial data; and data covered under the Fair Credit Reporting Act (FCRA).

Where Information Is Obtained
The above information is obtained from several categories of sources including:

▪ Personal Information Voluntarily Shared – For example, this may include, but is not limited to, information that a customer or business voluntarily shares with us for business purposes or to facilitate service.

▪ Automatically Collected Personal Information – Information may be collected through our Websites. We may collect some personal information automatically using cookies or other online tracking technologies as described below in this Privacy Policy. We may use third-party companies to help us tailor Website content to users or to serve ads or messages on our behalf. These companies may employ cookies and web beacons to measure advertising or messaging effectiveness (such as which web pages are visited, which messages are responded to, or what products are purchased and in what amount). Any information that these third parties collect via cookies and web beacons is not linked (by them) to any personal information collected by us.

▪ Personal Information Obtained From Third Parties – Gardner, Inc. may obtain or receive personal information about you from other third party sources. For example, we may receive personal information from our business partners or other third party companies. We may merge or combine such personal information with the personal information we collect from you directly or automatically.

Section 4 - How Information Is Disclosed

We may disclose aggregated information about our users without restriction.
We may disclose personal information that we collect or you provide as described in this Privacy Policy:

▪ To our subsidiaries and affiliates.
▪ To contractors, service providers, and other third parties we use to support our business.
▪ To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.
▪ To fulfill the purpose for which you provide it.
▪ For any other purpose disclosed by us when you provide the information.
▪ With your consent.

We may also disclose your personal information:

▪ To comply with any court order, law, or legal process, including to respond to any government or regulatory request and other agreements, including for billing and collection purposes.
▪ If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Gardner, Inc., our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Section 5 - Retention Policy & Security Standards

We retain your personal information for as long as reasonably necessary to fulfill the purposes described in this Policy or disclosed to you at the time of collection, unless otherwise required or permitted by law. For example, we keep your account profile information for as long as you keep your Gardner, Inc. account, but we may keep your purchase history longer to comply with our legal, tax, accounting and recordkeeping obligations, administer applicable returns and warranty programs, and for research, development and safety purposes, as well as an additional period of time as necessary to protect, defend or establish our rights, defend against potential claims or comply with legal obligations.

We use a variety of technical, administrative, and organizational security measures, including encryption and authentication tools in certain circumstances, that are intended to protect your personal information. Please be aware that despite our efforts, no data security measures can guarantee security. You can help keep your data safe by taking reasonable steps to protect your personal information against unauthorized disclosure or misuse.

Section 6 - Our Site & Children

Our Site is not intended for children under the age of 18. We do not knowingly collect personal information on individuals under the age of 18. IF YOU ARE UNDER 18, DO NOT USE OR PROVIDE ANY INFORMATION ON THIS SITE OR THROUGH ANY OF ITS FEATURES, REGISTER WITH THE SITE, MAKE ANY PURCHASES THROUGH THE SITE, OR PROVIDE ANY INFORMATION ABOUT YOURSELF TO US, INCLUDING YOUR NAME, ADDRESS, TELEPHONE NUMBER, EMAIL ADDRESS, OR ANY SCREEN NAME OR USERNAME YOU MAY USE. If you believe personal information was provided to us by someone under 18, please contact us immediately at privacy@gardnerinc.com. Notwithstanding the foregoing, we may permit job applicants or employees that are 16 or 17 years old whose personal information we may collect, use, and share for purposes consistent with such roles.

Section 7 - Your Privacy Rights & How to Exercise Them

You may have certain rights identified below under applicable laws of where you reside with respect to your personal information. We have full discretion in choosing to voluntarily provide you with some or all of those rights regardless of the state in which you reside. Please refer to State-Specific Information below to determine the rights you have in the state you reside.

Depending upon the applicable law, access to your rights may be denied, such as: (a) when denial is required or permitted by law; (b) when granting access would have a negative impact on another's privacy; or (c) to protect our rights and properties.

Possible Privacy Rights
▪ Right To Know and Access Your Personal Information – You may have the right to know what personal information we collect about you, including the categories of personal information, the sources from and purposes for which we collect it, and the types of recipients we disclose it to, and to request a copy of the specific pieces of personal information that we maintain about you.

▪ Right To Correct Your Personal Information – Right to correct inaccurate personal information that we maintain about you.

▪ Right To Delete Your Personal Information – You may request the deletion of their personal information that we have collected about you, subject to certain exceptions.

▪ Right To Opt Out of “Sales” or “Sharing” for Cross-Context Behavioral Advertising or Targeted Advertising – You may request to opt-out of our sale of your personal information and sharing of their personal information for cross context behavioral advertising or targeted advertising. We share your personal information with third parties (such as marketing and advertising networks and social platforms) for behavioral advertising or disclose your personal information to other third-party partners in accordance with your privacy settings and/or consent. These types of disclosures of your personal information may be deemed a “sale” or “sharing” of your personal information under applicable privacy laws.

▪ Right To Non-Discrimination – You have the right not to be subject to discriminatory treatment for exercising your rights under certain laws.
Applicable Rights or Options
The following applies when exercising applicable rights or options set forth in this Privacy Policy:

▪ No Fee Usually Required – You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee or decline to comply with your request if your request is clearly unfounded, repetitive, or excessive.

▪ What We May Need From You – When exercising your rights or otherwise assisting you, we may need to request specific information from you to help us confirm your identity. This is a security measure to ensure we do not disclose personal information to any person who is not entitled to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

▪ Time To Respond – We will respond to all legitimate requests within any statutorily required timeframes. We may need to request additional time to respond, for instance if your request is particularly complex or you have made a number of requests. In this case, we will notify you of the delay, and may continue to update you regarding the progress of our response.

Section 8 - Cookies

When you visit or interact with our Websites, we (or our third-party providers) may use "cookies" or other similar technologies to personalize and enhance your experience. A “cookie” is a small piece of information sent to a visitor’s computer or other Internet-connected devices to uniquely identify the visitor’s browser or to store information or settings in the browser. Cookies are used to make our Websites work, or work more efficiently, as well as to provide data to the Website owners. Our Websites use required cookies, functional cookies, and analytics and performance cookies.

Except for technical cookies, in some cases the storing of cookies on the device of a visitor requires consent. By continuing browsing the Website after having seen the cookies banner displayed on the home page of the Website, the visitor consents to the storing of cookies on his/her device.

Required cookies enable you to move from page to page and to use features on our Websites while your browser remains open. For example, required cookies allow you to add products to your shopping cart and carry the contents of your cart to checkout.
Functional cookies last from visit to visit. For example, functional cookies may be used to recognize you as a previous user to provide a more personalized experience. They are stored in your computer, device, or browser until you choose to delete them.
Analytics and performance cookies allow for the collection of data concerning the Websites, including the number of visitors, where the visitors have come from, and the length of time visitors spend on the Websites, which allows a business or third-party providers to analyze how Websites are used and how Websites are performing. We use Google Analytics for analytics and performance tracking.

If you have any specific questions about the use of cookies on our Websites, please feel free to contact us at any time as described below, with a subject line “Cookie Request.”

Do Not Track
Please note that we do not recognize or respond to any signal which your browser might transmit through the “Do Not Track” feature your browser might have. If you wish to disable cookies on our Platform, you should not rely on any “Do Not Track” feature your browser might have.

Section 9 - How To Contact Us

If you have any questions or comments about this notice, the ways in which Gardner, Inc. collects and uses your information described in this Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: 1-800-GARDNER
Website: https://www.gardnerinc.com
Email: privacy@gardnerinc.com
Postal Address:
Gardner, Inc.
Attn: Marketing

If you need to access this Policy in an alternative format due to having a disability, please contact privacy@gardnerinc.com and 1-800-GARDNER

Section 10 - Changes to Our Privacy Policy

It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by email to the primary email address specified in your account or via other means on our Websites. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Privacy Policy to check for any changes

Section 11. State Specific Information

California Residents
This Privacy Policy for California Residents supplements the information contained in Gardner, Inc.’s Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018, as amended (“CCPA”) and any terms defined in the CCPA or our Privacy Policy have the same meaning when used in this Policy.

Shine the Light
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by certain members of the Company to third parties for the third parties’ direct marketing purposes. Requests may be made one time per calendar year. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we disclosed customer information for the immediately prior calendar year (e.g., requests made in 2023 will receive information regarding 2022 sharing activities).

To make such a request, please send an email to privacy@gardnerinc.com or write us at:

Gardner Inc

3641 Interchange Rd,

Columbus, OH 43204

Information We Collect
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household ("personal information").

Personal information does not include:
▪ Publicly available information from government records.
▪ Deidentified or aggregated consumer information.

In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Category	Examples	Collected	Retention Period
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.	YES	30 Days
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	YES	As long as the customer is active. In the event a customer is no longer active, we would retain this information as long as accounting standards
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	NO	-
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES	3 years or until the purchase history is no longer relevant for planning purposes.
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, face prints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	NO	-
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.	YES	30 Days
G. Geolocation data.	Physical location or movements.	NO	-
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	NO	-
I. Professional or employment-related information.	Current or past job history or performance evaluations.	NO	-
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO	-
K. Inferences drawn from other personal information.	Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	NO

We do not use or disclose sensitive personal information for purposes other than as set forth by applicable laws.
We obtain the categories of personal information listed above from the following categories of sources:

▪ Directly from you. For example, from forms you complete or products and services you purchase.
▪ Indirectly from you. For example, from observing your actions on our Website.

Use of Personal Information
We may collect, share or disclose the personal information we collect for one or more of the following business or commercial purposes:

To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
To provide, support, personalize, and develop our Website, products, and services.
To create, maintain, customize, and secure your account with us.
To process your requests, purchases, transactions, and payments and prevent transactional fraud.
To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your personal information or as otherwise set forth in the CCPA.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website or consumers is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information
We may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, Company has disclosed personal information for a business purpose to the categories of third parties indicated in the chart below.

We do not sell personal information. In the preceding twelve (12) months, Company has not sold personal information.

Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Right to Know and Data Portability
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the "right to know"). Once we receive your request and confirm your identity, we will disclose to you:

▪ The categories of personal information we collected about you.

▪ The categories of sources for the personal information we collected about you.

▪ Our business or commercial purpose for collecting or sharing that personal information.

▪ The categories of third parties with whom we disclose that personal information.

▪ If we sold (if applicable) or disclosed your personal information for a business purpose, two separate lists disclosing:

▪ sales, identifying the personal information categories that each category of recipient purchased; and

▪ disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

▪ The specific pieces of personal information we collected about you (also called a data portability request).

Right to Delete
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the "right to delete"). Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
▪ Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
▪ Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
▪ Debug products to identify and repair errors that impair existing intended functionality.
▪ Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
▪ Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
▪ Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
▪ Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
▪ Comply with a legal obligation.
▪ Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

Right to Correct Inaccurate Personal Information
You have the right to request that we correct any inaccurate personal information that we maintain about you (the "right to correct inaccurate personal information").

Exercising Your CCPA Rights
To exercise your CCPA rights described above, please submit a request by either:

Calling us at 1-800-GARDNER
Emailing us at privacy@gardnerinc.com
Visiting https://www.gardnerinc.com

Only you, or someone legally authorized to act on your behalf, may make a request to know, correct or delete related to your personal information.

You may also make a request to know, correct or delete on behalf of your child by contacting us in the manner set forth above.

You may only submit a request to know twice within a 12-month period.

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

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

You do not need to create an account with us to submit a request to know or delete. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in the request to verify the requestor's identity or authority to make it.

Response Timing and Format
We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact us at 1-800-GARDNER.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response electronically.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales Opt-Out and Opt-In Rights
If you are age 16 or older, you have the right to direct us to not sell or share your personal information at any time (the "right to opt-out"). We do not sell or share the personal information of consumers we actually know are less than 16 years old. Consumers who opt-in to personal information sales or sharing may opt-out of future sales or sharing at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:

[HYPERLINKED URL with the title "Do Not Sell or Share My Personal Information"]
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by:

Changes to Our Privacy Policy
We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, we will post the updated notice on the Website and update the notice's effective date.

Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information
If you have any questions or comments about this notice, the ways in which Gardner, Inc. collects and uses your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: 1-800-GARDNER
Website: https://www.gardnerinc.com
Email: mdavis@gardnerinc.com
Postal Address:
Gardner, Inc.
Attn: Marketing
3641 Interchange Rd
Columbus, OH 43204

If you need to access this Policy in an alternative format due to having a disability, please contact privacy@gardnerinc.com and 1-800-GARDNER.

Colorado Residents

The following provisions describe our policies and practices regarding the collection, use, and disclosure of personal data we collect from Colorado residents including information we obtain when you access or use the Site, or through other channels (e.g., phone and e-mail conversations, when you visit our locations or attend our events, or through our authorized services providers), in accordance with the Colorado Privacy Act (“CPA”).

Any terms defined in the CPA have the same meaning when utilized in this section. The other provisions of the Policy continue to apply except as modified herein.

Please read this section carefully before using the Site or submitting information to us. By accessing or visiting the Site, or submitting personal information to us, you indicate your understanding that the collection, use, and sharing of your information is subject to the terms of this section and our Terms of Use. Except as otherwise noted, any capitalized terms not defined in this section have the meaning set forth in the Policy and

Terms of Use.
This CPA Section does not apply to personal data we collect about you in a commercial or employment context.

Disclosing and Selling Personal Data
We use Google Analytics, which use cookies and similar technologies to collect and analyze information about [__________] and report on activities and trends. This service may also collect information about the use of other websites, apps, and online services. Gardner, Inc. does not otherwise disclose and or sell, as that term is defined by the CPA, personal data to third parties.

Targeted Advertising
Gardner, Inc. processes your personal data for targeted advertising. To Opt Out of the processing of your personal data for targeted advertising, see the section below on Consumer Rights.

Consumer Rights
Colorado residents have specific rights with respect to personal data we collect about them. Subject to verification and certain limitations, these rights include the following:

Right to Confirmation and Access. You have the right to request that we confirm whether we are processing your personal data and to access such personal data.
Right to Request Correction of Your Personal Data. You have the right to request that we correct any inaccurate personal data we maintain about you.
Right To Request Deletion of Your Personal Data. You have the right to request that we delete personal data we collected or maintain about you.
Right to Obtain a Copy. You have the right to obtain a copy of your personal data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format where the processing is carried out by automated means up to two times in per calendar year.
Right to Opt Out of the Processing of Personal Data. You have the right to opt out of processing personal data for purposes of (i) targeted advertising, (ii) the sale of personal data.
We do not process personal data for profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer.

Submitting Consumer Rights Requests
To submit a Colorado consumer rights request to Access, Correct, Delete or Port, please contact the Company by
▪ Calling 1-800-GARDNER on Monday-Friday from 8am – 5pm ET or
▪ E-mailing privacy@gardnerinc.com

Opt Out
To Opt Out of the Sale of your personal data or the Processing of your Personal Data for Targeted Advertising, please email us at privacy@gardnerinc.com.
We reserve the right to only respond to verifiable consumer requests to confirm and access, correct, delete, obtain a copy, opt out of selling or processing personal data for targeted advertising.

If we request, you must provide sufficient information to help us verify your identity and/or authority to act on behalf of a consumer. In general, we may ask you to provide identifying information that we already maintain about you or we may use a third-party verification service. In either event, we will try to avoid asking you for sensitive personal data to verify your identity. We may not be able to respond to your request or provide you with personal data if we cannot verify your identity or authority to make the request and confirm the personal data relates to you. However, making a verifiable consumer request does not require you to create an account with us.

You will also need to describe your request with sufficient detail to allow us to review, understand, assess, and respond. We will not use the personal data we collect from an individual to verify a request for any other purpose, except as required or permitted by law.

Authorized Agent

You may authorize a natural person or a business (the Agent) to act on your behalf with respect to rights to Opt Out of the Sale of Personal Data or Processing of Personal Data for Targeted Advertising. The Agent must provide proof of signed permission to submit the request, and you must either (i) verify your own identity with the business or (ii) directly confirm with us that you provide permission to the Agent. We reserve the right to deny requests from persons or businesses claiming to be authorized agents that do not submit sufficient proof of their authorization.

Right to Appeal
You have the right to appeal our denial of a request by following the instructions in our message communicating such denial or contacting us at privacy@gardnerinc.com.

Nevada Residents

This section supplements and amends the information contained in the Policy with respect to Nevada residents. The other provisions of the Policy continue to apply, except as modified in this Nevada section.
If you are a Nevada resident, you have the right to submit a verified request instructing us not to sell “covered information” we have collected about you or will collect about you online through our Site. A “sale” means the exchange of covered information for monetary consideration. “Covered information” means one or more of the following: a first and last name; home or other physical address which includes the name of a street and the name of a city or town; e-mail address; telephone number; Social Security number; identifier that allows a specific person to be contacted either physically or online; any other information concerning a person collected from the person through the Site and maintained by us in combination with an identifier in a form that makes the information personally identifiable.

To submit your request, you may contact us by
▪ Calling 1-800-GARDNER on Monday-Friday from 8am – 5pm ET
▪ E-mailing privacy@gardnerinc.com

Utah Residents

The following provisions describe our policies and practices regarding the collection, use, and disclosure of personal information we collect from Utah residents including information we obtain when you access or use the Site, or through other channels (e.g., phone and e-mail conversations, when you visit our locations or attend our events, or through our authorized services providers), in accordance with the Utah Consumer Privacy Act (“UCPA”).

Any terms defined in the UCPA have the same meaning when utilized in this section. The other provisions of the Policy continue to apply except as modified herein.

This UCPA Section does not apply to personal data we collect about you in a commercial or employment context.

Utah residents have specific rights with respect to personal data we collect about them. Subject to verification and certain limitations, these rights include the following:
▪ Right to Confirmation and Access. You have the right to request that we confirm whether we are processing your personal data and to access such personal data.
▪ Right to Opt-Out for Profiling Purposes. You have the right to opt-out of using your data for profiling purposes if the profiling produces legal or similarly significant effects for you.
▪ Right to Opt-Out of Sale. You have the right to opt-out of the sale of your personal data.
▪ Right to Request Correction of Your Personal Data. You have the right to request that we correct any inaccurate personal data we maintain about you.
▪ Right To Request Deletion of Your Personal Data. You have the right to request that we delete personal data we collected or maintain about you.
▪ Right to Obtain a Copy. You have the right to obtain a copy of your personal data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format where the processing is carried out by automated means.
▪ The Right to Opt-Out of Targeted Advertising. When personal data is collected and stored for purposes of serving targeted ads, you may direct us to stop using your data for such purposes.

We do not process personal data for profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer.

Submitting Consumer Rights Requests
How to submit. To submit a Utah consumer rights request, please contact the Company by
▪ Calling 1-800-GARDNER on Monday-Friday from 8am – 5pm ET or
▪ E-mailing privacy@gardnerinc.com

We reserve the right to only respond to verifiable consumer requests to confirm and access, correct, delete, obtain a copy or to opt out of processing.
If we request, you must provide sufficient information to help us verify your identity and/or authority to act on behalf of a consumer. In general, we may ask you to provide identifying information that we already maintain about you or we may use a third-party verification service. In either event, we will try to avoid asking you for sensitive personal data to verify your identity. We may not be able to respond to your request or provide you with personal data if we cannot verify your identity or authority to make the request and confirm the personal data relates to you. However, making a verifiable consumer request does not require you to create an account with us.

No Right to Appeal
Under the UCPA, there is no appeal process for consumers whose requests are denied. Accordingly, you do not have the right to submit an appeal in the event your request is denied, and Gardner, Inc. will not respond to any appeal attempts.

Virginia Residents

The following provisions describe our policies and practices regarding the collection, use, and disclosure of personal information we collect from Virginia residents including information we obtain when you access or use the Site, or through other channels (e.g., phone and e-mail conversations, when you visit our locations or attend our events, or through our authorized services providers), in accordance with the Virginia Consumer Privacy Act (“VCDPA”).

Any terms defined in the VCDPA have the same meaning when utilized in this section. The other provisions of the Policy continue to apply except as modified herein.

Terms of Use.
This VCDPA Section does not apply to personal data we collect about you in a commercial or employment context.

Disclosing and Selling Personal Data
We use Google Analytics, which use cookies and similar technologies to collect and analyze information about [__________] and report on activities and trends. This service may also collect information about the use of other websites, apps, and online services. Gardner, Inc. does not otherwise disclose and or sell, as that term is defined by the UCPA, personal data to third parties.

Consumer Rights
Virginia residents have specific rights with respect to personal data we collect about them. Subject to verification and certain limitations, these rights include the following:
▪ Right to Confirmation and Access. You have the right to request that we confirm whether we are processing your personal data and to access such personal data.
▪ Right to Request Correction of Your Personal Data. You have the right to request that we correct any inaccurate personal data we maintain about you.
▪ Right To Request Deletion of Your Personal Data. You have the right to request that we delete personal data we collected or maintain about you.
▪ Right to Obtain a Copy. You have the right to obtain a copy of your personal data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format where the processing is carried out by automated means.
▪ Right to Opt Out of the Processing of Personal Data. You have the right to opt out of processing personal data for purposes of (i) targeted advertising or (ii) the sale of personal data.

We do not process personal data for profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer.

Submitting Consumer Rights Requests
How to submit. To submit a Virginia consumer rights request, please contact the Company by

Calling 1-800-GARDNER on Monday-Friday from 8am – 5pm ET or
E-mailing privacy@gardnerinc.com

We reserve the right to only respond to verifiable consumer requests to confirm and access, correct, delete, obtain a copy or to opt out of processing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
We reserve the right to charge a fee to process or respond to your request if it is excessive, repetitive, or manifestly unfounded. If we determine that a request warrants a fee, we will attempt to notify you as to why we made that decision and provide a cost estimate before completing your request. We will endeavor to respond to a verifiable consumer request within forty-five (45) calendar days of receipt, but we may require an extension of up to forty-five (45) additional calendar days to respond and we will notify you of the need for the extension.

Authorized Agent
You may authorize a natural person or a business (the Agent) to act on your behalf with respect to rights Opt Out of the Sale of Personal Data or Processing of Personal Data for Targeted Advertising. The Agent must provide proof of signed permission to submit the request, and you must either (i) verify your own identity with the business or (ii) directly confirm with us that you provide permission to the Agent. We reserve the right to deny requests from persons or businesses claiming to be authorized agents that do not submit sufficient proof of their authorization.

Right to Appeal
You have the right to appeal our denial of a request by following the instructions in our message communicating such denial or contacting us at privacy@gardnerinc.com.

Connecticut Residents
The following provisions describe our policies and practices regarding the collection, use, and disclosure of personal data we collect from Connecticut residents including information we obtain when you access or use the Site, or through other channels (e.g., phone and e-mail conversations, when you visit our locations or attend our events, or through our authorized services providers), in accordance with the Connecticut Data Privacy Act (“CTDPA”).

Any terms defined in the CTDPA have the same meaning when utilized in this section. The other provisions of the Policy continue to apply except as modified herein.

This CTDPA Section does not apply to personal data we collect about you in a commercial or employment context.

Consumer Rights
Connecticut residents have specific rights with respect to personal data we collect about them. Subject to verification and certain limitations, these rights include the following:
▪ Right to Confirmation and Access. You have the right to request that we confirm whether we are processing your personal data and to access such personal data.
▪ Right to Request Correction of Your Personal Data. You have the right to request that we correct any inaccurate personal data we maintain about you.
▪ Right To Request Deletion of Your Personal Data. You have the right to request that we delete personal data we collected or maintain about you.
▪ Right to Obtain a Copy. You have the right to obtain a copy of your personal data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format where the processing is carried out by automated means up to two times in per calendar year.
▪ Right to Opt Out of the Processing of Personal Data. You have the right to opt out of processing personal data for purposes of (i) targeted advertising or (ii) the sale of personal data.

We do not process personal data for profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer.

Submitting Consumer Rights Requests
How to submit. To submit a Connecticut consumer rights request to Access, Correct, Delete or Port, please contact the Company by:

Calling 1-800-GARDNER on Monday-Friday from 8am – 5pm ET or
E-mailing privacy@gardnerinc.com

Opt Out
To opt out of the Sale of your personal data or the Processing of your Personal Data for Targeted Advertising, email us at privacy@gardnerinc.com

Our Potential Responses
We reserve the right to only respond to verifiable consumer requests to confirm and access, correct, delete, obtain a copy.

We reserve the right to charge a fee to process or respond to your request if it is excessive, repetitive, or manifestly unfounded. If we determine that a request warrants a fee, we will attempt to notify you as to why we made that decision and provide a cost estimate before completing your request. We will endeavor to respond to a verifiable consumer request within forty-five (45) calendar days of receipt, but we may require an extension of up to forty-five (45) additional calendar days to respond and we will notify you of the need for the extension.

Authorized Agent
You may authorize a natural person or a business (the Agent) to act on your behalf with respect to rights under this Connecticut Section. When you submit a Request to Opt Out of the Sale of Personal Data or Processing of Personal Data for Targeted Advertising the Agent must provide proof of signed permission to submit the request, and you must either (i) verify your own identity with the business or (ii) directly confirm with us that you provide permission to the Agent. We reserve the right to deny requests from persons or businesses claiming to be authorized agents that do not submit sufficient proof of their authorization.
Right to Appeal

You have the right to appeal our denial of a request by following the instructions in our message communicating such denial or contacting us at privacy@gardnerinc.com.

Privacy Policy

Section 1 - About This Policy

Section 2 - Scope of Policy

Section 3 - Information We Collect & How We Use It

Section 4 - How Information Is Disclosed

Section 5 - Retention Policy & Security Standards

Section 6 - Our Site & Children

Section 7 - Your Privacy Rights & How to Exercise Them

Section 8 - Cookies

Section 9 - How To Contact Us

Section 10 - Changes to Our Privacy Policy

Section 11. State Specific Information

Colorado Residents

Nevada Residents

Utah Residents

Virginia Residents

ORDER ONLINE OR CALL

COPYRIGHT © 2023 ORDERTREE / GENERAC. ALL RIGHTS RESERVED