CONTENT:  This Website contains information, trademarks, service marks, logos, copyrights and other content (“Website Content”) owned by Moonshine Designs Nursery and third parties and is protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. Certain materials are used with permission of their respective owners. As between you and Moonshine Designs Nursery, Moonshine Designs Nursery is the sole owner of all Website Content. You may not download (other than caching) or save a copy of the Website Content or any portion thereof, for any purpose, except that you may print a copy of individual screens appearing as part of the Website solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on and are not removed from the printed or stored images of such screens. Except as expressly permitted in these Terms and Conditions, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Website Content, without the express prior permission of Moonshine Designs Nursery. Any other modification of Website Content or use of Website Content for any other purpose is a violation of the rights of Moonshine Designs Nursery or third parties. If you believe that any content on the Website has been copied in a way that constitutes copyright infringement, please notify us at once.  Contents of this website are ©1996-2019 Moonshine Designs Nursery.
LIMITATION OF LIABILITY:  YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY LOSS OR DAMAGES SHALL BE, AT OUR OPTION, REFUND OF THE PURCHASE PRICE OF THE GOODS SOLD OR REPLACEMENT IN KIND AND QUANTITY. IN NO EVENT WILL MOONSHINE DESIGNS NURSERY, ITS OFFICERS, DIRECTORS, EMPLOYEES,  AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY  FOR ANY OTHER EXEMPLARY, INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, SUITABILITY FOR A SPECIFIC PURPOSE, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON OR INABILITY TO USE THE WEBSITE, EVEN IF MOONSHINE DESIGNS NURSERY OR ITS REGISTERED AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION,  THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES, OR  ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE WEBSITE OR THE SERVICES.
PATENTS AND ROYALTIES:  Plants that hold a Patent are protected and propagation or sale of plant parts for propagation is prohibited.  ALL patented plants are sold with the proper patent tag and all royalties have been paid.  It is unlawful to do otherwise.

PRIVACY POLICY:  

PRIVACY POLICY    

Last updated November 10, 2019 

Thank you for choosing to be part of our community at Moonshine Designs Nursery (“Company”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at roger@moonshinedesignsnursery.com.

When you visit our website https://www.moonshinedesignsnursery.com, and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy policy, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our Sites and our services.

This privacy policy applies to all information collected through our website (such as https://www.moonshinedesignsnursery.com), and/or any related services, sales, marketing or events (we refer to them collectively in this privacy policy as the “Services“). 

Please read this privacy policy carefully as it will help you make informed decisions about sharing your personal information with us.  

1. WHAT INFORMATION DO WE COLLECT? 

Personal information you disclose to us

In Short: We collect personal information that you provide to us such as name, address, contact information, passwords and security data, and payment information.

We collect personal information that you voluntarily provide to us when registering at the Services expressing an interest in obtaining information about us or our products and services, when participating in activities on the Services or otherwise contacting us.

The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make and the products and features you use. The personal information we collect can include the following:

Publicly Available Personal Information. We collect first name, maiden name, last name, nickname, current and former address, phone numbers, email addresses, business email, business phone number, and other similar data.

Personal Information Provided by You. We collect purchase history, financial information (credit card number, purchase history, invoices), and other similar data.

Credentials. We collect passwords, password hints, and similar security information used for authentication and account access.

Payment Data. We collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by PayPal. You may find their privacy policy link(s) here: http://www.paypal.com.  

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short: Some information – such as IP address and/or browser and device characteristics – is collected automatically when you visit our Services.

We automatically collect certain information when you visit, use or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

2. HOW DO WE USE YOUR INFORMATION? 

In Short:  We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

  • To facilitate account creation and logon process. If you choose to link your account with us to a third party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.
  • Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.
  • Request Feedback. We may use your information to request feedback and to contact you about your use of our Services.  
  • To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user’s consent.
  • To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.                                                     
  • To deliver services to the user. We may use your information to provide you with the requested service.                                                      
  • To respond to user inquiries/offer support to users.  We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
  • For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE? 

In Short:  We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations. 

We may process or share data based on the following legal basis:
  • Consent: We may process your data if you have given us specific consent to use your personal information in a specific purpose.

  • Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.

  • Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.

  • Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

  • Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:  

  • Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Services, which will enable them to collect data about how you interact with the Services over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.  
  • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
  • Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Services. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.

    4. HOW LONG DO WE KEEP YOUR INFORMATION? 

    In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law. 

    We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us keeping your personal information for longer than 1 year past the termination of the user’s account.

    When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.