Privacy & Terms of Use

Terms & Conditions

These terms and conditions are entered into by and between You and Balsam Brands Inc. (“Balsam Hill”). Thefollowing terms and conditions, together with any documents they expressly incorporate by reference (“Termsand Conditions”), govern your access to and use of www.balsamhill.com, including any content, functionality,products, and services offered on or through www.balsamhill.com (“Website”), whether as a guest orregistered user. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE, AS WELLAS OUR PRIVACY POLICY. By using the Website or by clicking to accept or agree to the Terms and Conditionswhen this option is made available to you, you accept or agree to be bound by these Terms and Conditions aswell as our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms andConditions, please do not use the Website. Additionally, if you reside in the European Union or Australia,please do not use the Website but, instead, visit one of our three affiliated European or Australianwebsites (links below and at the bottom of our home page). By using this Website, you represent and warrantthat you are of legal age to form a binding contract with Balsam Brands Inc., which owns and operates thisWebsite, and meet all of the foregoing eligibility requirements. If you do not meet all of theserequirements, you must not access or use the Website.

Copyright

The entire content included in the Website, including but not limited to text, graphics or code iscopyrighted as a collective work under the United States and other copyright laws, and is the property ofBalsam Hill. The collective work includes works that are licensed to Balsam Hill. Copyright 2019, BalsamHill, ALL RIGHTS RESERVED. Balsam Hill does not investigate to determine if such works are accurate nor canBalsam Hill provide assurance that all such works are free of typographical errors. Balsam Hill cannotguarantee information displayed on the Website to be 100% accurate. Permission is granted to electronicallycopy and print hard copy portions of this Website for the sole purpose of placing an order with Balsam Hillor purchasing Balsam Hill products. You may display and, subject to any expressly stated restrictions orlimitations relating to specific material, download or print portions of the material from the differentareas of the Website solely for your own non-commercial use, or to place an order with Balsam Hill or topurchase Balsam Hill products. No mechanized or other systematic process for harvesting information from theWebsite for any purpose, including without limitation, any commercial purpose, is permitted. Any other use,including but not limited to the reproduction, distribution, display or transmission of the content of thisWebsite is strictly prohibited, unless authorized by Balsam Hill. You further agree not to change or deleteany proprietary notices from materials downloaded from the Website.

Trademarks

All trademarks, service marks and trade names of Balsam Hill used in the Website are trademarks or registeredtrademarks of Balsam Hill.

Website Warranty Disclaimer

THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHEREXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BALSAM HILL DISCLAIMS ALLWARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY ANDFITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BALSAM HILLDOES NOT REPRESENT OR WARRANT THAT THEFUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED,OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFULCOMPONENTS. BALSAM HILL DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALSIN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OROTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONSMAY NOT APPLY TO YOU.

Product Disclaimer

PRODUCTS PURCHASED ON THE BALSAM HILL WEBSITE ARE SOLD SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITEDWARRANTIES SET FORTH ELSEWHERE ON THIS WEBSITE, WHICH WARRANTIES ARE EXPRESSLY INCORPORATED INTO THESE TERMSAND CONDITIONS. OUR CURRENT WARRANTY POLICY, WHICH TOOK EFFECT AS OF AUGUST 25, 2018, IS FOUND HERE. FROMTIME TO TIME, BALSAM HILL MAY AMEND ITS WARRANTIES. BALSAM HILL MAKES NO FURTHER REPRESENTATIONS ORWARRANTIES WITH REGARD TO THE PRODUCTS, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMS ANYSUCH WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. APPLICABLELAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.PRODUCTS ARE BEING SOLD FOR ORNAMENTAL AND DECORATIVE USE ONLY. THE USE OF PRODUCTS FOR ANY OTHER REASON MAYBE HARMFUL AND/OR ILLEGAL. BALSAM HILL ASSUMES NO LIABILITY WITH REGARD TO PERFORMANCE OF THE PRODUCTS, ORFOR THE MISUSE OR MISPLACEMENT IN YOUR HOME OF THE PRODUCTS, OR FIRE HAZARDS ARISING OUT OF YOUR USE OF THEPRODUCTS. YOUR ORDERING THE PRODUCTS CONSTITUTES YOUR AGREEMENT WITH AND ACCEPTANCE OF THESE TERMS ANDCONDITIONS AND RELEASES BALSAM HILL FROM ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW.

Shipping & Handling And Orders

Balsam Hill will ship products according to the shipping & handling option selected by you at checkout.Balsam Hill reserves the right to change the shipping options as needed. You agree that your order is anoffer to buy, under these Terms and Conditions, all products listed in your order. All orders must beaccepted by us or we will not be obligated to sell the products or services to you. We may choose not toaccept orders at our sole discretion, even after we send you a confirmation email with your order number anddetails of the items you have ordered. For avoidance of doubt, the receipt of an order confirmation does notconstitute the acceptance of an order or a confirmation of an offer to sell. Balsam Hill reserves the right,with notification, to limit the order quantity on any item and/or refuse service to any customer.Verification of information may be required prior to the acceptance of any order.

Limitation of Liability

BALSAM HILL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THATRESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE, EVEN IF BALSAM HILL HAS BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OFLIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Typographical Errors

Balsam Hill strives to display accurate price information, however we may, on occasion, make inadvertenttypographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right tocorrect any errors, inaccuracies, or omissions at any time (even if during a sale or promotion period) andto refuse or cancel any orders arising from such occurrences. Balsam Hill reserves the right to refuse orcancel any such orders whether or not the order has been confirmed and your credit card charged. If yourcredit card has already been charged for the purchase and your order is cancelled, Balsam Hill shall issue acredit to your credit card account in the amount of the incorrect price.

Termination

These Terms and Conditions are applicable to you upon your accessing the Website and/or completing theregistration or shopping process. These Terms and Conditions, or any part of them, may be modified orterminated by Balsam Hill without notice at any time, for any reason. The provisions relating to Copyrights,Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall in all eventssurvive any termination of these Terms and Conditions.

Notice

Any time that Balsam Hill determines, in our sole discretion, that we should or are obligated to communicatewith you, we may deliver notice to you by means of e-mail, a general notice on the Website, or by otherreliable method to the address you have provided to Balsam Hill. In accordance with our Privacy Policy, wemay contact you in certain circumstances – including by email – even if you have asked us not to send youmail or email communications.

Use of Website

Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusivelanguage, is strictly forbidden. Impersonation of others, including a Balsam Hill or other licensedemployee, host, or representative, as well as other members or visitors on the Website is prohibited. Youmay not upload to, distribute, or otherwise publish through the Website any content which is libelous,defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwiseobjectionable which may constitute or encourage a criminal offense, violate the rights of any party or whichmay otherwise give rise to liability or violate any law. You may not upload commercial content on theWebsite or use the Website to solicit others to join or become members of any other commercial onlineservice or other organization. Use of the Website for any illegal or unauthorized purpose is strictlyprohibited. Balsam Hill may, in appropriate circumstances and at its discretion, disable and/or terminatethe accounts of users who violate this policy. You understand and agree that Balsam Hill cannot beresponsible for the content posted on the Website by users and that your use of the Website is at your ownrisk. Balsam Hill is under no circumstances liable in any way for any content posted on the Website or forany damages of any kind incurred as the result of the use of any content posted or otherwise made availableon the Website by users.

Participation Disclaimer

Balsam Hill does not and cannot review all communications and materials posted to or created by usersaccessing the Website, and is not in any manner responsible for the content of these communications andmaterials. You acknowledge that by providing you with the ability to view and distribute user-generatedcontent on the Website, Balsam Hill is merely acting as a passive conduit for such distribution and is notundertaking any obligation or liability relating to any contents or activities on the Website. However,Balsam Hill reserves the right to block or remove communications or materials that it determines to be (a)abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright,trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable toBalsam Hill in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Balsam Hill, its officers, directors, employees, agents,licensors and suppliers (collectively the "Service Providers") from and against all losses, liabilities,expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of theseTerms and Conditions, any content posted to or made available on the Website, or any activity related toyour account (including negligent or wrongful conduct) by you or any other person accessing the Websiteusing your Internet account.

License

Notwithstanding anything to the contrary in these Terms and Conditions, with respect to content you submit ormake available for inclusion on the Website, you grant Balsam Hill the permanent world-wide, royalty freeand non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publiclydisplay such content on the Website for any purpose.

Privacy

Registration data and certain other information about you is subject to our Privacy Policy. For moreinformation, see our privacy policy below.

You acknowledge and agree that Balsam Hill may preserve content and may also disclose content if required todo so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:(a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that anycontent violates the rights of third-parties; or (d) protect the rights, property, or personal safety ofBalsam Hill, Balsam Hill users, and the public.

You understand that the technical processing and transmission of the Website, including your content, mayinvolve (a) transmissions over various networks and (b) changes to conform and adapt to technicalrequirements of connecting networks or devices.

Third-Party Links

In an attempt to provide increased value to our visitors, Balsam Hill may link to sites operated by thirdparties. However, even if the third party is affiliated with Balsam Hill, Balsam Hill has no control overthese linked sites, all of which have separate privacy and data collection practices, independent of BalsamHill. These linked sites are only for your convenience and therefore you access them at your own risk.Nonetheless, Balsam Hill seeks to protect the integrity of its Website and the links placed upon it andtherefore requests any feedback on not only its own site, but for sites it links to as well (including if aspecific link does not work).

Shipments to Canada

ANY DISPUTE OR CLAIM ARISING FROM THESE TERMS AND CONDITIONS, USE OF THE WEBSITE, OR YOUR PURCHASE OFPRODUCTS SOLD BY BALSAM HILL THROUGH THE WEBSITE SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDINGARBITRATION, RATHER THAN IN COURT. ANY SUCH ARBITRATION PROCEEDING SHALL APPLY CALIFORNIA LAW AND SHALL BECONDUCTED IN SAN FRANCISCO, CALIFORNIA.

YOU AND BALSAM BRANDS INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY,OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOUWOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS RULES. PAYMENTOF FILING, ADMINISTRATION, AND ARBITRATOR FEES WILL BE GOVERNED BY AAA’S RULES. BALSAM HILL WILL PAY ANYSUCH FEES CHARGED IN CONNECTION WITH THE ARBITRATION (BUT NOT YOUR ATTORNEYS’ FEES) FOR CLAIMS TOTALING LESSTHAN USD10,000.00 UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS, IN WHICH CASE YOU AGREE THATYOU WILL PAY SAID FEES. THE ARBITRATOR WILL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TOARBITRABILITY AND/OR ENFORCEABILITY OF THIS ARBITRATION PROVISION, INCLUDING ANY UNCONSCIONABILITY CHALLENGEOR ANY OTHER CHALLENGE THAT THIS ARBITRATION PROVISION OR THE AGREEMENT IS VOID, VOIDABLE, OR OTHERWISEINVALID. THE ARBITRATOR WILL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN COURT UNDER LAW ORIN EQUITY. ANY AWARD OF THE ARBITRATOR(S) WILL BE FINAL AND BINDING ON EACH OF THE PARTIES, AND MAY BEENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT RATHER THAN ARBITRATION IF YOUR CLAIMS QUALIFY, AND IF YOUPROVIDED US WITH WRITTEN NOTICE OF YOUR INTENTION TO DO SO WITHIN 60 DAYS OF YOUR PURCHASE. THE ARBITRATIONOR SMALL-CLAIMS COURT PROCEEDING WILL BE LIMITED SOLELY TO YOUR INDIVIDUAL DISPUTE OR CONTROVERSY.

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN ACLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN INARBITRATION, YOU WAIVE ANY RIGHT TO A JURY TRIAL. YOU ALSO AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TOENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. IF ANY PROVISION OF THIS ARBITRATIONAGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION WILL BE SEVERED AND THE REMAINING ARBITRATIONTERMS WILL BE ENFORCED.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE SITE (INCLUDING BUT NOT LIMITED TO THE PURCHASEOF BALSAM HILL PRODUCTS) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES ORBE BARRED FOREVER.

Miscellaneous

Your use of this Website shall be governed in all respects by the laws of the state of California , U.S.A. ,without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for theinternational sale of goods. Balsam Hill's failure to insist upon or enforce strict performance of anyprovision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Theseterms and conditions constitute the entire agreement between you and Balsam Hill with regard to your use ofthis site. Neither the course of conduct between the parties nor trade practice shall act to modify any ofthese terms and conditions. Balsam Hill may assign its rights and duties under this Agreement to any partyat any time without notice to you.

Privacy Policy

Last updated: March 8, 2023

This Privacy Policy details what information and how Balsam Hill collects, uses, shares, and protects your information. By interacting with Balsam Brands Inc. dba Balsam Hill (“Balsam”) through our website, products, and services, you agree to the use of your information as described in this Privacy Policy. We may change or supplement this policy from time to time, so we encourage you to review this periodically.

What Information Do We Collect And How Do We Collect It?

If you are a visitor to our site, we may collect, record and analyze information about how you use our website. We gather data about the number of visitors and visits, geo-location data, length of time spent on the site, the sites from which visitors have come, as well as pages and links clicked. Like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them.

We may also collect and process any information that you volunteer to us in our website's forms, such as when you sign up for information and newsletters, when you open a user account with us (even if you do not purchase anything), enter a contest or sweepstakes, respond to a survey, reply to our direct marketing campaigns (for example, by filling out a response card), fill out information in the checkout process (even if you do not complete a purchase), or participate in another site feature. The information collected and processed may include your name, address, phone number, and email address. You may, however, visit our site without providing this information.

On the other hand, if you purchase anything from us - whether on our website, over the phone, or through other means, we may collect your billing name, shipping name, billing address, shipping address, phone number(s), email address, and, when necessary, credit card information and date of birth. This information is necessary to process your order. After you have purchased a product from us, we may collect sales and services information relating to your purchases, including complaints and claims for warranty services. We may collect this information when you register on our website, place an order, or contact our customer hotlines. Finally, we may – directly or through third party services or websites – collect any reviews that you submit pertaining to our products or services.

We may collect information about you from third party sources that support our business such as analytics providers, data co-ops, and social media sites. We may also combine information we already have about you with information we receive from or cross-reference with third parties.

We also collect information about gift recipients so that we can deliver the gift to its intended recipient. The information we collect about gift recipients is not used for marketing purposes.

How Do We Use Your Information

We may use the information we collect from you in the following ways:

• To personalize your site experience and to allow us to deliver the type of content and product offerings in which we believe you are most interested, as well as to inform you of new products, services and events.
• To process your order and provide you with customer support, services such as warranties, refunds and product recalls, as well as product delivery.
• To provide you with information about our products and services through email, direct mail, and advertisements that you may see when browsing online.
• To administer a contest, sweepstake, promotion, survey or other promotional activities.
• To inform you of updates to, or changes in, our products and services, including changes to our terms and conditions and policies.
• To carry out market research and for product development.
• To conduct analysis of our website's performance and shopping experience.
• To screen transactions for fraud, and, if necessary, to decline to do business with you if any of your information has been linked by us or a third-party data processor with fraudulent activity.
• To conduct activities and data processing described elsewhere in this Privacy Policy.
• To comply with legal requirements or obligations to law enforcement, regulators and the court service.
• To market our products to you, including through targeted, interest-based advertising, as described in the section below, titled "Do We Use Cookies?"

Unless you have opted out of the same, we may send you periodic emails and catalogs. If you change your mind and would like to discontinue receiving promotional emails and catalogs from us, please refer to the “How can you opt-out, remove or modify information you have provided to us?” section below. Visitors who register or participate in other site features such as marketing programs and "members-only" content will be given a choice whether they would like to be on our email list and receive e-mail communications and catalogs from us.

How Do We Protect Your Information?

Unfortunately no data transmission over the internet or electronic data storage system can be guaranteed to be 100% secure. We implement a variety of security measures to maintain the safety and integrity of your information. Your information is contained behind secured networks to prohibit unauthorized access, and is only accessible by a limited number of persons who have special access rights to such systems. When you place orders or access your information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.

If you have a personal password which enables you to access certain parts of our website or any other portal, app or service we operate, it is your responsibility to keep this password confidential. You are fully responsible for any activity that takes place by a party that is logged into our website using your user name and password, unless such activity is conducted by us or one of our agents. We ask that you not to share your password with anyone.

Do We Use "Cookies"?

Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may work with third party advertising companies that use cookies on our website and other websites to collect and use information about your online activities across sites over time, in order to deliver more relevant advertising based on your interests. These partners may also combine your email information with other information to which they have access, such as mailing addresses, so that we may serve relevant marketing offers to you via email and direct mail.

You may visit http://www.aboutads.info or http://optout.networkadvertising.org to learn more about interest-based advertising and to opt out of this type of advertising by third-party advertising companies participating in the self-regulatory programs of the Digital Advertising Alliance and the Network Advertising Initiative. Please note that even if you opt out of receiving interest-based advertising, you will still see ads, but they will be more general in nature.

We may contract with carefully chosen third-party service providers and data processors to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Firefox or Internet Explorer) settings. Each browser is different, so look at your browser’s Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly. However, even if disabling cookies makes it impossible to order products through our website, you can still place orders over the telephone by contacting customer service.

Do We Disclose The Information We Collect To Outside Parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term "outside parties" does not include our affiliates and website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.

Occasionally, we may provide your personal information with carefully screened companies such as third-party marketing partners in an effort to make you aware of products or services in which you may have an interest and, in turn, we are able to mail our catalogs to certain customers of other retail companies. These third-party marketing partners may use your personal information for commercial or marketing purposes. If you prefer that we do not share your personal information with these companies, please contact us at privacy@balsambrands.com.

Non-personally identifiable visitor information, including generalized or aggregated visitor information, may be provided to other parties for marketing, advertising, or other uses.

How Can You Opt-Out, Remove Or Modify Information You Have Provided To Us

If you have created a profile or personal account on our website, you can modify your email subscription preferences in the "My Account" section of our website. Please note that due to email production schedules, you may receive emails already in production even after you have opted out of receiving marketing emails from us.

To request the deletion of personal information that we may have collected from or about you, send an email to privacy@balsambrands.com with the subject header “Deletion Request.” Please note that there are some reasons or instances we will not be able to fully address your deletion request, such as if we need to complete a transaction for you, to detect and protect against fraudulent and illegal activity, to exercise our rights, or to comply with a legal obligation such as honoring warranty claims.

To opt-out of our catalogue or other paper mailings, you may visit our unsubscribe page by going to "Catalog Unsubscribe," or you may email our customer service team at customerservice@balsamhill.com with "NO MAIL" in the heading and your current mailing address in the body of the email.

Even if you have not created a profile or account, you may opt-out from receiving our emails by following the "opt-out instructions" contained in any commercial email you receive from us. Please note that due to email production schedules, you may receive any emails already in production for a brief time after you have opted out of our email list.

Privacy Of Children On Our Website

Our Website is not intended for use by children under the age of 16, and we do not knowingly collect personal information from children under the age of 16. If we become aware that we have collected personally identifiable information from a user of the site who is under the age of 16, we will remove that child’s personal information from our files.

How to Contact Us

Please also feel free to contact us if you have any questions about this Privacy Policy or our practices. You may contact us at privacy@balsambrands.com.

If you have any product questions, customer service requests, shipping inquiries, or need to reach us for any other reason, please visit the Contact Us page.

Privacy Notice For California Residents

This Privacy Notice for California residents is provided pursuant to the California Consumer Privacy Act (“CCPA”), as amended, and applies to California residents and supplements our overall Privacy Policy.

Notice and access

You have the right to know: (a) the categories of personal information we collect about you; (b) the categories of sources from which the information was collected; (c) the business or commercial purpose for collecting, disclosing, or selling personal information; and (d) the categories of third parties we have disclosed or sold personal information to for a business purpose and the categories of personal information disclosed. You may request that Balsam provide you access to the specific pieces of personal information collected about you in a readily usable format.

Please note that your access rights under California law are not absolute. You may exercise your access rights only up to two times each year and the information requested is limited to personal information collected in the 12-month period preceding our receipt of the request.

We may, in our sole discretion, choose to provide personal information more than twice a year and covering a period greater than the preceding 12 months. Should we choose to do so, the same does not constitute an obligation to do so.

Deletion

You may request that we delete any personal information that we have collected from or about you. There are some reasons or instances we will not be able to fully address your deletion request, such as if we need to complete a transaction for you, to detect and protect against fraudulent and illegal activity, to exercise our rights, or to comply with a legal obligation such as honoring warranty claims.

Opt-out of Sale of Personal Information

You may request to opt-out of our sale of your personal information to third-parties for their direct marketing purposes.

Non-Discrimination

The CCPA prohibits businesses from discriminating against a customer for exercising their rights under the CCPA. Balsam will not discriminate against you for exercising any of your CCPA rights.

California consumers may make a request pursuant to their rights under the CCPA by contacting us directly at privacy@balsambrands.com with the subject line “CCPA Rights Request” or calling our Customer Service team at 800-350-7114.

Please describe your request with sufficient detail to allow us to properly understand, evaluate, and respond to it. Only you or someone legally authorized to act on your behalf may make a verifiable consumer request related to your personal information.

We will verify your request using existing information that we have about you. We may request additional materials or information for the purposes of validating the authenticity of your request. Balsam will use the information provided in connection with a verification request solely for the purposes of verification. We will not be able to implement your request if we are unable to verify your identity or authority to make the request and confirm that the personal information relates to you. We will comply with your request within 45 days of your verified request, unless we need additional time, in which case we will let you know.

There may be other situations where Balsam is unable or not required to fulfill your CCPA rights request. In such cases, we will respond to your request within the period required by the CCPA and provide relevant details regarding Balsam’s determination and any additional relevant information about your rights request.

Disclosures

In addition to the details described in our overall Privacy Policy, we make the following disclosures:

We collect the following categories of personal information: identifiers and transactional information (e.g., name, billing address, email address, products purchased, unique personal identifier or other similar identifiers), Internet or other electronic network activity information, geolocation, and inferences drawn from the above.

We obtain the categories of personal information above from the following categories of sources: directly from our consumers, and directly and indirectly from activity on our website, and from third-parties we have engaged.

We "sell" the following categories of information: identifiers or contact information (e.g., names and addresses) and general shopping activity. For clarity, Balsam does not sell or share your personal information to third parties for monetary consideration. However, from time to time, we make our catalog mailing list and general shopping activity available to carefully screened companies whose products may be of interest to you, and in turn, we are able to mail our catalogs to certain customers of other retail companies. Under the CCPA and existing California law, this qualifies as a "sale" of personal information.

We also work with certain advertising partners to show ads that are targeted for your interests. These activities may be considered “selling” or “sharing” of your personal information under California law (and Virginia). To opt out of these activities, you may send an email to privacy@balsambrands.com or fill up the form in the Do Not Sell My Personal Information link.

We disclose the following categories of personal information for a business purpose: identifiers and transactional information, Internet or other electronic network activity information, geolocation, and inferences drawn from the above.

California Privacy Rights Request Metrics (01 January 2022 to 31 December 2022)

Request to know

Received: 0

Complied with: 0

Denied: 0

Median time to respond: Not applicable

Requests to delete

Received: 3

Complied: 2

Denied: 1 (unable to verify identify)

Median time to substantively respond: 31

Requests to opt-out

Received: 1091

Complied with: 1091

Denied: 0

Median time to substantively respond: 12

Requests may be denied if we are unable to verify the same.

Privacy Notice For Nevada Residents

Under Nevada SB 220 which took effect on 01 October 2019, residents of Nevada have the right to request to opt-out of having their covered information sold to third parties. Balsam does not sell covered information to third parties, as defined in SB220.

Privacy Notice For Virginia Residents

This Privacy Notice for Virginia residents is provided pursuant to the Virginia Consumer Data Protection Act (VCDPA), and applies to Virginia residents and supplements our overall Privacy Policy.

As a Virginia resident, you have the right to request:

• To know more about and access your personal information.
• That we correct any personal information of yours that is inaccurate.
• That we delete your personal information.
• To opt-out of the processing of your personal information for the purposes of providing you with targeted advertising.

Virginia residents may make a request pursuant to their rights under the VCDPA by contacting us directly at privacy@balsambrands.com with the subject line “VCDPA Rights Request” or calling our Customer Service team at 800-350-7114. Please note that the rights granted to you under Virginia law may provide us with exceptions to fulfilling your request, such as retaining information to complete a transaction, fulfill a legal obligation, and to prevent fraud.

Privacy of Residents Of The UK, European Union And Australia

Our Website is not intended for use by residents of the United Kingdom, European Union or any other person entitled to rely upon the data privacy rights given to data subjects under the EU’s General Data Protection Regulation (GDPR) and associated laws and regulations. Neither is our Website intended for use by residents of Australia. If you reside in the United Kingdom, the European Union, or Australia, you are welcome to use one of our following affiliated websites:

www.balsamhill.co.uk (English)

www.balsamhill.co.fr (French)

www.balsamhill.de (German)

www.balsamhill.com.au (English)

Changes To Our Policy

If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change.

Terms And Conditions

Please also see our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.

Your Consent

By using our site, you consent to our Privacy Policy and the Website Terms & Conditions stated above.