Privacy & Terms of Use

Terms & Conditions

Last updated: August 6, 2024

These terms and conditions are entered into by and between You and Balsam Brands Inc. (doing business as “Balsam Hill”). The following terms and conditions, together with any documents they expressly incorporate by reference (“Terms and 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 or registered user. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE, AS WELL AS OUR PRIVACY POLICY.

BY USING THE WEBSITE OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS AND CONDITIONS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT OR AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AS WELL AS OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE, AND YOU AGREE TO RESOLVE ALL DISPUTES WITH BALSAM HILL IN SMALL CLAIMS COURT OR THROUGH BINDING INDIVIDUAL ARBITRATION ONLY, AND YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTIONS AND TO HAVE CLAIMS DECIDED BY A JURY.

If you do not agree to these Terms and Conditions, please do not use the Website. Additionally, if you reside in the European Union, the UK, or Australia, please do not use the Website but, instead, visit one of our three affiliated European or Australian Websites (links below). By using this Website, you represent and warrant that you are of legal age to form a binding contract with Balsam Brands Inc., which owns and operates this Website, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, 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 is copyrighted as a collective work under the United States and other copyright laws, and is the property of Balsam Hill. The collective work includes works that are licensed to Balsam Hill. Balsam Hill does not investigate to determine if such works are accurate nor can Balsam Hill provide assurance that all such works are free of typographical errors. Balsam Hill cannot guarantee information displayed on the Website to be 100% accurate. Permission is granted to electronically copy and print hard copy portions of this Website for the sole purpose of placing an order with Balsam Hill or purchasing Balsam Hill products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use, or to place an order with Balsam Hill or to purchase Balsam Hill products. No mechanized or other systematic process for harvesting information from the Website 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 this Website is strictly prohibited, unless authorized by Balsam Hill. You further agree not to change or delete any 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 registered trademarks of Balsam Hill.

Website Warranty Disclaimer

THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BALSAM HILL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BALSAM HILL DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS 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 HARMFUL COMPONENTS. BALSAM HILL DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Product Disclaimer

PRODUCTS PURCHASED ON THE BALSAM HILL WEBSITE ARE SOLD SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTIES SET FORTH ELSEWHERE ON THIS WEBSITE, WHICH WARRANTIES ARE EXPRESSLY INCORPORATED INTO THESE TERMS AND CONDITIONS. OUR CURRENT WARRANTY POLICY IS FOUND HERE. FROM TIME TO TIME, BALSAM HILL MAY AMEND ITS WARRANTIES. BALSAM HILL MAKES NO FURTHER REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE PRODUCTS, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMS ANY SUCH WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW 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, OR FOR THE MISUSE OR MISPLACEMENT IN YOUR HOME OF THE PRODUCTS, OR FIRE HAZARDS ARISING OUT OF YOUR USE OF THE PRODUCTS. YOUR ORDERING THE PRODUCTS CONSTITUTES YOUR AGREEMENT WITH AND ACCEPTANCE OF THESE TERMS AND CONDITIONS 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 an offer to buy, under these Terms and Conditions, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. For avoidance of doubt, the receipt of an order confirmation does not constitute 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 THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE, EVEN IF BALSAM HILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY 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 inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time (even if during a sale or promotion period) and to refuse or cancel any orders arising from such occurrences. Balsam Hill reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Balsam Hill shall issue a credit 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 the registration or shopping process. These Terms and Conditions, or any part of them, may be modified or terminated 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 events survive 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 communicate with you, we may deliver notice to you by means of e-mail, a general notice on the Website, or by other reliable method to the address you have provided to Balsam Hill. In accordance with our Privacy Policy, we may contact you in certain circumstances – including by email – even if you have asked us not to send you mail 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 abusive language, is strictly forbidden. Impersonation of others, including a Balsam Hill or other licensed employee, host, or representative, as well as other members or visitors on the Website is prohibited. You may 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 otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization. Use of the Website for any illegal or unauthorized purpose is strictly prohibited. Balsam Hill may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who violate this policy. You understand and agree that Balsam Hill cannot be responsible for the content posted on the Website by users and that your use of the Website is at your own risk. Balsam Hill is under no circumstances liable in any way for any content posted on the Website or for any damages of any kind incurred as the result of the use of any content posted or otherwise made available on the Website by users.

Participation Disclaimer

Balsam Hill does not and cannot review all communications and materials posted to or created by users accessing the Website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Website, Balsam Hill is merely acting as a passive conduit for such distribution and is not undertaking 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 to Balsam 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 these Terms and Conditions, any content posted to or made available on the Website, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account.

License

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

Privacy

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

You acknowledge and agree that Balsam Hill may preserve content and may also disclose content if required to do 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 any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Balsam Hill, Balsam Hill users, and the public.

You understand that the technical processing and transmission of the Website, including your content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements 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 third parties. However, even if the third party is affiliated with Balsam Hill, Balsam Hill has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Balsam Hill. 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 and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Dispute Resolution

YOU AND BALSAM HILL AGREE THAT WE WILL RESOLVE ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THEIR APPLICABILITY, BREACH, TERMINATION, VALIDITY, ENFORCEMENT, OR INTERPRETATION, OR TO THE USE OF THIS WEBSITE OR BALSAM HILL PRODUCTS (COLLECTIVELY, “DISPUTES”) SOLELY IN SMALL CLAIMS COURT OR BY BINDING INDIVIDUAL ARBITRATION. YOU AND BALSAM HILL AGREE TO WAIVE THE RIGHT TO A JURY TRIAL AND TO FILE A CASE IN ANY OTHER COURT.

YOU AND BALSAM HILL FURTHER AGREE TO BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY ONLY, AND NOT ACT AS A CLASS REPRESENTATIVE NOR ACT AS A MEMBER OF A CLASS OF CLAIMANTS, WITH RESPECT TO ANY DISPUTE.

This Dispute Resolution Agreement applies to each of us as well as all of our respective agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for, or on behalf of, you and Balsam Hill. This Dispute Resolution Agreement is binding on your and Balsam Hill’s respective heirs, successors, and assigns.

Informal Dispute Resolution Process
You and Balsam Hill agree to participate in an informal dispute resolution process before filing a claim against each other. Non-compliance with this process is a material breach of the Terms, and no court or arbitrator shall have jurisdiction to hear or resolve any Disputes between you and Balsam Hill.

The claiming party shall send to the other a written statement (“Statement of Claim”) with their full name, mailing address, email address, details regarding the Dispute, and a proposal for resolution. Any applicable statute of limitations is tolled for a 60-day period beginning on the date the Claim Statement is received. Send your Statement of Claim to Balsam Hill by email to notices@balsambrands.com. You can also send it by certified mail to the following address:

Balsam Brands Inc.
Attn: Legal
50 Woodside Plaza, Suite 111
Redwood City, CA 94061

Balsam Hill will send Statements of Claim and respond to you at the email address associated with your Balsam Hill account, unless you request otherwise. Upon receipt of a Statement of Claim, you and Balsam Hill shall attempt in good faith to resolve the same informally. Failure to resolve it within 60 days from receipt of the Statement of Claim will entitle each party the right to initiate a formal claim against the other in small claims court or individual arbitration, subject to the terms of this Dispute Resolution Agreement.

Small Claims
Disputes raised but not resolved through the mandatory informal dispute resolution process can be brought in small claims court in San Francisco, the city where you live or another place we both agree on. We each waive the right to bring any Disputes between us, in courts other than small claims court, including courts of general or special jurisdiction.

Arbitration
Disputes raised but not resolved through the mandatory informal dispute resolution process can be brought in small claims court in San Francisco, the city where you live or another place we both agree on. We each waive the right to bring any Disputes between us, in courts other than small claims court, including courts of general or special jurisdiction.

In case of disagreement between you and us regarding whether a Dispute must be arbitrated, the scope of the arbitrator’s powers, or the enforceability of any aspect of this Dispute Resolution Agreement, the arbitrator alone shall have, to the fullest extent permitted by law, the sole authority to address all such disagreements, including but not limited to those concerning or related to the formation, legality, interpretation, and enforceability of this Dispute Resolution Agreement. This provision does not limit the procedure for challenging an improperly commenced arbitration.

Any court of competent jurisdiction will have the authority to enforce the requirements of this Dispute Resolution Agreement and, if necessary, enjoin the filing or prosecution of any arbitrations and the assessment of fees for any arbitration or mediation not conducted under this Dispute Resolution Agreement.

All arbitration proceedings shall have a single arbitrator. A party electing arbitration must initiate proceedings by filing an arbitration demand with the AAA Case Filing Services or by filing a request online through the AAA Website.

Arbitrations involving consumers will be governed by these Terms and Conditions as well as the AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol. Arbitrations involving all others, will be governed by these Terms and Conditions and the AAA Commercial Arbitration Rules and the AAA Optional Appellate Rules. If there’s a conflict between these Terms and Conditions and any applicable AAA rules and protocols, these Terms and Conditions will control.

Disputes involving a claim of less than $15,000 US Dollars in actual or statutory damages (but not including attorneys’ fees and incidental, consequential, punitive, and exemplary damages and any damage multipliers) must be resolved exclusively through binding, non-appearance-based individual arbitration based solely on the written submissions of the parties. All other arbitrations shall be conducted by phone, video conference, or based only on written submissions. Judgment on an arbitrator’s award may be entered in any court that has jurisdiction to do so.

Fees and Costs
Each party will bear its own costs and attorneys’ fees in the event of a dispute, provided, however, that either party may recover fees and costs to the extent permitted by applicable law. If a court or an arbitrator determines that an arbitration has been brought or threatened in bad faith, or that the demand was frivolous or asserted for an improper purpose, the court or arbitrator may, to the fullest extent permitted by law, award attorneys’ fees to the party defending against the claim just as a court could.

No Class Actions
Neither you nor Balsam Hill may act as a class representative, nor participate as a member of a class of claimants, with respect to any Dispute. Disputes cannot be arbitrated on a class, consolidated, or representative basis. The arbitrator can only decide only your and/or Balsam Hill’s individual claims. The arbitrator may not consolidate or combine multiple people’s claims into a single case or preside over any consolidated, class, or representative action. Further, an arbitrator’s decision or award in one claimant’s case can only decide the disputes of that user, not other users. Nothing in this Dispute Resolution Agreement limits the parties’ rights to resolve a Dispute by mutual agreement through a class-wide settlement of claims. If any provision of this Dispute Resolution Agreement is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of the Dispute Resolution Agreement shall continue in full force and effect.

Improperly Commenced Arbitration
If either party believes that the other has initiated an arbitration in violation of this Dispute Resolution Agreement, if such an arbitration is threatened, or if either party has reason to believe an improperly commenced arbitration is imminent, the party against whom the arbitration has been or will be initiated may seek an order from a court of competent jurisdiction enjoining the arbitration from being filed or continued, and awarding its fees and costs, including reasonable attorneys’ fees, incurred in connection with seeking the order.

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 the international sale of goods. Balsam Hill's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. These terms and conditions constitute the entire agreement between you and Balsam Hill with regard to your use of this site. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Balsam Hill may assign its rights and duties under this Agreement to any party at any time without notice to you.

Privacy Policy

Last updated: August 6, 2024

Balsam Brands Inc. ("Balsam Hill") respects your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the Website www.balsamhill.com (our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

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, SMS, and catalogs. If you change your mind and would like to discontinue receiving promotional emails, SMS, 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. When you visit our Website, we send cookies to your computer or other device. We may also use cookies and other similar technologies in emails that you receive from us. 

We use cookies to improve the quality of our service when you visit our Website. 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 also use cookies to analyze your visiting and email interaction patterns. 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, SMS, 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. 

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 may disclose personal information that we collect or you provide to our affiliates and Website hosting partners, contractors, service providers, and other third parties who assist us in operating our Website, conducting our business, or servicing you. 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

Unsubscribing from marketing emails. 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. Even if you have not created a profile or account, you may unsubscribe from receiving our emails by following the "unsubscribe instructions" contained in any commercial email you receive from us. You may also visit our email unsubscribe page. 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.

Unsubscribing from catalog. To unsubscribe from our catalog 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. Please note that due to email production schedules, you may receive any catalogs already in production for a brief time after you have opted out of our catalog list.

Unsubscribing from SMS. To unsubscribe from receiving marketing SMS, you may email our customer service team at customerservice@balsamhill.com. You may also follow the unsubscribe instructions contained in the marketing SMS you receive from us. Due to production schedules you may receive SMS already in production after you have opted out.

Data Deletion. 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 “Data 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.

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. 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.

State Privacy Rights

Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to:

• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Correct inaccuracies in their personal information, taking into account the information's nature processing purpose (excluding Iowa and Utah).
• Data portability.
• Opt-out of personal data processing for: (a) targeted advertising (excluding Iowa); sales; or profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah).
• Either limit (opt-out of) or require consent to process sensitive personal data.

The exact scope of these rights may vary by state. To exercise any of these rights please send an email to privacy@balsambrands.com.

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Please know we do not currently sell data triggering that statute's opt-out requirements.

Privacy of Residents Of The UK, European Union And Australia

Our Website is not intended for use by non-US residents. 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.