David Bartsch Landscape Architecture LLC is serious about protecting your online privacy.

This Privacy Statement explains our views and practices concerning privacy, and how they may pertain to you as a user of our website.

You or Your means you as a participant in or as a user of the David Bartsch Landscape Architecture LLC website. We or Our or Us means David Bartsch Landscape Architecture LLC. Our site means https://bartschla.com.

This page contains the following legal documents and policies for our website:

 

What Do We Do with Your Information?

When you purchase something from our site, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. This enables us to both fulfill and support the products you purchase.

When you browse our site, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system, so we can better improve the experience for all our users.

Email marketing: With your permission, we may send you emails about new products, free and premium content (i.e. blog posts, YouTube videos, reports/whitepapers, etc.), and special events.

We use your information to operate our website’s business activities. For example, we may use this data to contact you about changes to our website, new products and services, special offers, resolve disputes, troubleshoot issues, and enforce our website’s terms and conditions.

As a rule, we will not give your data to third parties without your permission. However, there are some important exceptions to this rule that are described in the following paragraphs.

We may, in our sole discretion, provide information about you to law enforcement or other government officials for purposes of fraud investigations, alleged intellectual property infringement, or any other suspected illegal activity or matters that may expose us to legal liability.

Some government intelligence agencies have the technological ability to access data from our website without our cooperation, knowledge, or consent. Even if we were to learn of such access, we may not be able to tell you because of national security laws. Please take this risk into account before supplying information to us or any other website owner.

Although we do not disclose individually identifiable information, we may disclose aggregate data about our website’s visitors to advertisers or other third parties for marketing and promotional purposes.

From time to time, we may use third party suppliers to provide services on our website. If a supplier wants to collect information about you, you will be notified. However, you will never be required to give information to a third-party supplier. We restrict the way third party suppliers can use your information. They are not allowed to sell or give your information to others.

If we sell our website, we may transfer your information to the purchaser of the site. Upon completion of such a transfer, we will no longer possess or control the data received by the purchaser.

Consent

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason (i.e. newsletter subscription and marketing messages), we will ask you directly for your expressed consent and provide you with an opportunity to withdraw your consent.

You may withdraw your consent at any time by clicking on an “unsubscribe” link which is offered at the bottom of every email we send.

You may also withdraw your consent anytime, by contacting us at https://elitemarketingro.com/support or mailing us at: DBLA, PO Box 130182, Boston, MA 02113.

Disclosure

We may disclose your personal information if we are required to do so by law or if you violate our Terms of Service. Also, if our site is acquired or merged with another company, your information may be transferred to the new owners so that they may continue to sell and support our products and services.

IMPORTANT: We do not sell, rent or otherwise disclose your personal information to any third parties, including but not limited to advertisers, strategic partners or vendors. Again, we take your privacy very seriously.

Data Storage

Our shopping cart solution is hosted and managed by Software Projects International (SPI). They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Your data is stored through SPI’s data storage, databases and the general SPI application. They store your data on a secure server behind a firewall.

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

Payment:

If you choose a direct payment gateway to complete your purchase, then SPI stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

NOTE: At no point during the transaction does David Bartsch Landscape Architecture LLC take custody or store your credit card information. This process is monitored and managed by SPI, and you can read their terms of service, privacy policy and PCI Compliance information by visiting their site at: http://www.softwareprojects.com/terms

Third-Party Services

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies, so you can understand the manner in which your personal information will be handled by these providers.

Remember that certain providers may be in or have facilities that are located a different jurisdiction than either you or us. So, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links: When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

Use of Cookies

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

David Bartsch Landscape Architecture LLC utilizes cookies to create a more customized experience for our users and customers. For example, we use a cookie so members do not have to re-enter their username and password each time they return to our site We also use tracking cookies (i.e. Google Analytics) to aid in measuring and tracking where our website traffic is coming from and to track the performance of our site. Finally, we use remarketing and targeting cookies from Facebook and Google to aid in customized, targeted follow up advertising.

By continuing to use our platform, you are agreeing to our use of cookies.

We use the following cookies:

Strictly necessary cookies. These are cookies that are required for the operation of our platform. They include, for example, cookies that enable you to log into secure areas of our platform or our services. These cookies expire in 90 days.

Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around our site when they are using it. This helps us to improve the way our system works, for example, by ensuring that users are finding what they are looking for easily.

Functionality cookies. These are used to recognize you when you return to our site. This enables us to personalize our content for you, greet you by name and remember your preferences.

Targeting cookies. These cookies record your visit to our platform, the pages you have visited and the links you have followed. We will use this information to make our site and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.

Except for essential cookies, all cookies will expire after 1 year.

The type of information we collect from you and interest-based advertising

Like most places on the Internet, simply by visiting our website you automatically tell us certain information. This includes basic information such as your IP address, when you visited, the website from where you came prior to visiting us, the website where you go when you leave our website, your computer’s operating system, and the type of web browser that you are using. Our website automatically records this basic information about you.

And like many other websites, we may use cookies. In plain English, this means information that our website’s server transfers to your computer. This information can be used to track your session on our website. Cookies may also be used to customize our website content for you as an individual. If you are using one of the common internet web browsers, you can set up your browser to either let you know when you receive a cookie or to deny cookie access to your computer.

We may also collect any data that you provide us by posting it at our website or by sending to us via email. You can always choose not to provide us with information. However, if you do withhold information, we may deny you access to some or all our website’s services and features.

Some transactions between you and our website may involve payment by credit card, debit card, checks, money orders, and/or third party online payment services. In such transactions, we will collect information related to the transaction as part of the course of doing business with you, including your billing address, telephone number, and other information related to the transaction.

How We Protect Your Privacy

This website privacy policy tells you how we collect, use, and protect your personal information. By visiting our website (https://bartschla.com), you accept and agree to the terms and conditions of this website privacy policy. You consent to our collection and use of your personal information as described in this website privacy policy.

Minors

We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.

Regarding GDPR (General Data Protection Regulation)

Personal data means any information capable of identifying an individual. It does not include anonymized data.

We may process the following categories of personal data about you:

Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defense of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.

Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.

User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.

Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.

Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free giveaways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.

We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook advertisements or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).

Sensitive Data

We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences.

Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.

We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at contact[at]BartschLA.com. In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing.

We may process your personal data without your knowledge or consent where this is required or permitted by law.

How We Collect Your Personal Data

We may collect data about you by you providing the data directly to us (for example by filling in forms on our site or by sending us emails). We may automatically collect certain data from you as you use our website by using cookies and similar technologies.

We may receive data from third parties such as analytics providers such as Google, advertising networks such as Facebook, such as search information providers such as Google, providers of technical, payment and delivery services, such as data brokers or aggregators.

Marketing Communications

Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business).

Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case,  you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent.

However, you can still opt out of receiving marketing emails from us at any time by scrolling to the bottom of any of our emails and clicking on “Manage Your Subscription” or “Unsubscribe.”

Before we share your personal data with any third party for their own marketing purposes we will get your express consent.

If you opt out of receiving marketing communications this opt-out does not apply to personal data provided because of other transactions, such as purchases, warranty registrations etc.

Disclosures of Your Personal Data

We may have to share your personal data with the parties set out below:

We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.

International Transfers

Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria.

Many of our third parties service providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is in place:

We will only transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or

Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or

If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place.

If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.

Data Retention

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorized use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.

When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorized use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.

For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers.

In some circumstances we may anonymize your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

Your Legal Rights

Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.

You can see more about these rights at:

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/

If you wish to exercise any of the rights set out above, please email us at contact[at]BartschLA.com.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.

If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.

Third-Party Links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

Do-Not-Track, Interest-Based Advertising, Remarketing, and Dynamic Ad Serving

Do-Not-Track

We try to honor any Do-Not-Track signals you send through your web browser when visiting our website. However, please read the following important information about “Interest-Based Advertising,” “Remarketing,” and “Dynamic Ad Serving” so that you understand the type of tracking that may be done by third party vendors when you visit our site and how you can opt out of such tracking.

Interest-Based Advertising

When you visit our website, you may view advertisements posted on the site by Google or other companies. These advertising companies may collect information about you while you are visiting this website and other websites. They may use this data to show you advertisements on this website and elsewhere on the Internet about products and services you might like.

This website does not collect the information or control the content of the advertisements that you will see. You may be able to opt out of such advertising. To find out more about Google privacy policies and its DoubleClick DART cookie used to generate interest-based advertising, go to http://www.google.com/privacy/ads/.

Protect My Choices

If you are using Internet Explorer, Mozilla Firefox, or Google Chrome browsers, you may wish to install the “Protect My Choices” browser extensions that are designed to help you keep your opt-out preferences. To learn more, go to http://www.aboutads.info/PMC.

Remarketing

This website may use a remarketing tag to advertise online. This means that Google and other third-party vendors may show our ads to you on sites across the Internet. These third-party vendors, including Google, may use cookies to serve ads to you based upon your past visits to our website.

If you would like to opt out of Google’s use of cookies, you can visit the company’s Ad Preferences Manager at https://www.google.com/ads/preferences/.

In the alternative, you can opt out of the use of cookies by third-party vendors by going to the Network Advertising Initiative’s opt-out page located at http://www.networkadvertising.org/managing/opt_out.asp.

Dynamic Ad Serving

Our website may use Google’s Dynamic Ad Serving feature. To opt out of interest-based ads by Google, follow Google’s opt-out instructions located at https://support.google.com/ads/answer/2662922?hl=en .

DoubleClick Remarketing Pixels

Our website may use DoubleClick’s remarketing pixels. If you would like to opt out of DoubleClick’s use of cookies, you can visit the DoubleClick opt-out page at https://www.google.com/settings/ads/onweb#display_optout.

In the alternative, you can opt out of use of cookies by third-party vendors by going to the Network Advertising Initiative’s opt-out page located at http://www.networkadvertising.org/managing/opt_out.asp.

Your use of this website without opting out means that you understand and agree to data collection to provide you with interest-based advertising.

Usernames and Passwords

Your access to parts of our website may be protected by a user name and a password. Do not give your password to anyone. If you enter a section of our website that requires a password, you should log out when you leave. As a safety precaution, you should also close out of your web browser completely and re-open it before viewing other parts of the Internet.

Miscellaneous Provisions

Autoresponders

We may use autoresponders to communicate with you by email. To protect your privacy, we use a verified opt-in system for such communications and you can always opt-out of such communications using the links contained in each autoresponder message. If you have difficulties opting out, you may contact us by sending a support ticket to contact[at]BartschLA.com, or sending us mail to the address listed below.

Your Use of Information and Unsolicited Commercial Email

If you obtain personally identifiable information about another website user, you are not allowed to disclose this information to anyone else without the consent of the user and our consent too.

We hate junk email (spam). Information you obtain from our website about us or other site users cannot be used by you or others to send unsolicited commercial email or to send unsolicited commercial communications via our website’s posting or other communication systems.

Questions or Concerns

Any questions or concerns about this website privacy policy should be brought to our attention by sending a support ticket to contact[at]BartschLA.com and providing us with information relating to your concern.

It is very important that the information we hold about you is accurate and up to date. If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, please contact our Privacy Compliance Officer at contact[at]BartschLA.com.

You may also mail your concerns to us at the following address:

David Bartsch Landscape Architecture LLC [Re: Privacy Compliance Officer]

PO Box 130182, Boston, MA 02113

 

You can contact us via phone at (508) 410-7979

9AM to 5PM EST Monday through Friday.

 

California Privacy Rights

If you are a California resident and our customer, Cal. Civ. Code § 1798.83 permits you to request certain information about our disclosure of personal information to third parties for their direct marketing purposes. To request this information, please send a support ticket to contact[at]BartschLA.com or write us at the address above.

Policy Changes

The terms of this policy may change from time to time. If such changes are made, we will notify you by a notice posted on our website’s home page of the changes that have been made. If you disagree with the changes that have been made, please contact us (using a website contact form, or in writing by mail), and any changes made to this policy will not apply to information we have collected from you prior to making the changes.

If you are concerned about the topic covered by this website privacy policy, you should read it each time before you use our website.

This Policy Is Part of Our Terms and Conditions of Use

Our website privacy policy is a part of, and subject to, our website’s terms and conditions of use. You may view these terms and conditions on our website at https://bartschla.com/terms.

The website Privacy Policy was last updated on July 8, 2021.