Privacy Policy

THE WENGER GROUP PRIVACY POLICY

Last modified:  June 1, 2020

The Wenger Group, Inc. (hereinafter “TWG,” “we” or “us”) are committed to protecting the privacy of our users’ Personal Information (as defined below). This policy (the “Privacy Policy”) describes how we collect, use, retain, disclose, process, and transfer Personal Information.  This Privacy Policy applies to all personal information we collect, regardless of whether the information is collected when you use the www.wengerfeeds.com website, the www.thewengergroup.com website, the www.dutchlandfarms.com website, or the www.nutrify.com website (collectively, the “Sites”) or through our downloadable software (the “Software”). This Privacy Policy covers information we collect online and offline, as described herein.

Any personally-identifiable information or personal data (“Personal Information”) collected by the Sites or the Software shall be used only in a manner consistent with this Privacy Policy.  Personal Information is information about you that is personally identifying, such as your name, email address, postal address, or telephone number, and that is not otherwise publicly available.    Please note that the definition of Personal Information depends on your citizenship and physical location and may include other types of information.  Only the legal definition that applies to your physical location will apply to you under this Privacy Policy.

Agreement

By accessing the Sites or Software, emailing us, or otherwise contacting us regarding business partnerships, and/or applying for a job, you accept and hereby expressly consent to our collection, use, retention, processing, disclosure and transfer, including international disclosure and transfer, of your Personal Information in accordance with the terms of this Privacy Policy.

Changes to Our Privacy Policy

If we decide to change our Privacy Policy, we will post those changes on this page and update the Privacy Policy modification date.  Please check back regularly to review any changes to this Privacy Policy and each time you submit Personal Information to us.  If you do not agree with this Privacy Policy or any changes to it, you should not use or access the Sites and/or Software. This Privacy Policy was last modified on June 1, 2020.

Information Collection and Use; Choice and Consent

When you browse the Sites, we will not collect your Personal Information directly, but certain information, such as your IP address, may be collected by a third party (see the section of this Privacy Policy titled “Google Analytics” for more information).  When you contact us through the “Contact Us” button on the Sites, we collect your email address and full name so we can respond to your request.

It is always your choice whether or not to provide us with Personal Information.  If you do provide Personal Information to the Sites or Software, you are giving your voluntary and express consent to the collection, use, processing, retention, transfer, and disclosure, including international transfer and disclosure, of your Personal Information as described in this Privacy Policy.  If you choose not to provide the requested information you may not be able to access certain features or functions of the Sites and you will not be able to purchase or use the Software.

You may access, review, change, update or delete your Personal Information, request information about our collection, use and disclosure of such information, and request information on our policies and practices relating to disclosure of information to our service providers, by contacting us at

We will respond to these requests in accordance with the laws that apply to you.  You can help us maintain the accuracy of your Personal Information by promptly notifying us of any changes to your information.

Your Personal Information, which we processed prior to any request for deletion, may not be deleted from our Sites’ system records but will be blocked from further processing without your permission.  A request to revoke consent or block processing of your Personal Information may not apply to information collected by cookies or used internally to recognize you and/or facilitate your visits to the Sites, or to information we may keep to comply with legal requirements.

We will retain your Personal Information as long as necessary to facilitate your use of the Sites and Software.

Software

When you use or access the Software, we collect your username, phone number, email address, and encrypted password in order to create and monitor your user profile.

Google Analytics

The Sites and Software use Google Analytics, which utilizes cookies and may track things such as how long you spend on the Sites or Software, the pages you visit, and your IP address.  For more information about Google Analytics cookies, please see Google’s help pages and privacy policy:

https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage

Google has developed the Google Analytics opt-out browser add-on for the Google Analytics JavaScript (ga.js, analytics.js, dc.js).  If you want to opt out of Google Analytics, you can download and install the add-on for your web browser at the Google site noted above.

Do We Use Cookies or other Tracking Technologies?

We do not directly operate cookies on the Sites.  Google Analytics operates cookies on the Sites and the Software in order to improve the user experience relative to both. For more information on Google Analytics cookies, see the section of this Privacy Policy titled “Google Analytics.”

For more information on our cookies, please see our Cookies Statement.

Protection of Your Information

We will take appropriate physical, technical, and organizational measures to protect Personal Information from loss, misuse, unauthorized access, disclosure, alteration and destruction.  We follow generally accepted standards to protect your Personal Information submitted to us, both during transmission and once we receive it.  We offer the use of a secure server.  All supplied information is transmitted via Secure Socket Layer (SSL) technology and then stored in our database and only accessible in accordance with this Privacy Policy.  No method of transmission over the Internet, or method of electronic storage, is entirely secure, however.  Therefore, we cannot guarantee its absolute security.

We will retain Personal Information we process for as long as needed to facilitate your use of the Sites and Software as described in this Privacy Policy.  We will retain and use this Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, and to resolve any issues relating to fraud or other cyber threats.

Information Sharing and Disclosure

We do not share your Personal Information with third parties, except that non-personally identifiable visitor information may be provided to Google Analytics.  For more information on Google Analytics, see the section of this Privacy Policy titled “Google Analytics.”

We also may transfer your Personal Information to third parties in the event of any merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).  You will be notified in advance of any rights you may have to block or object to this transfer of your information.

We may also release your information when we believe release is appropriate to comply with the law, enforce our policies, or protect our or others’ rights, property, or safety, or to assist with any online fraud or cyber threats.  Because our servers, which store your information, are located in the United States of America, your information may be available to U.S. government entities or agencies under a lawful court order in the U.S.

By accessing our Sites and/or the Software, you provide your express consent to our disclosure of your Personal Information for the purposes described in this Privacy Policy.

Third Party Sites and Links

Our Sites may contain links to other websites that are independent, are not owned or operated by us, are not covered by this Privacy Policy and which may incorporate third party information. These third party sites may include social media websites, such as Facebook, Twitter, LinkedIn, YouTube, or others.  These third party sites have separate and independent privacy policies that apply to the information they collect from you.  If you access other sites using the links provided, the operators of these sites may collect information from you, which will be used by them in accordance with their privacy policies, which may differ from ours.  We therefore have no responsibility or liability for the content and activities of other websites, even if they are linked to our Sites or Software.

Your California Privacy Rights; California Do Not Track Disclosures

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://www.oag.ca.gov/privacy/ccpa .

Children’s Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), as we do not knowingly collect any information from anyone under 13 years of age.  Neither the Sites nor the Software are intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13.  If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.  If you believe we might have any information from or about a child under 13, please contact us at:

International or Cross-Border Transfer of Your Personal Information and Your Express Agreement

Given that the Internet operates in a global environment and that transfer of your Personal Information is necessary to enable you to use the features on the Sites and the Software, to provide updates, and to respond to your inquiries, using the Internet to collect and process Personal Information necessarily involves the transmission of data on an international, or cross-border, basis.  By using the Sites and/or the Software, and/or by communicating with us by email, you acknowledge and expressly consent to our processing and disclosure of your Personal Information in this way.  We may also process Personal Information for customer support purposes in the United States and abroad.   The Personal Information of users who are located in locations outside the U.S. will be transferred outside of each eligible country to the United States where our servers are located and where it will be processed and stored on servers in the U.S.  The U.S. has not been recognized as providing an adequate level of protection according to European Union (EU) data protection requirements, but we will take all steps reasonably necessary to ensure that users’ Personal Information is treated securely in respect of such transfer and as described in this Privacy Policy.  By using the Site and by providing information to the Site, you expressly agree to such transfer, processing, storage, and disclosure in countries outside the EU.

You may access, review, change, update or delete your Personal Information, request information about our collection, use and disclosure of such information, and request information on our policies and practices relating to disclosure of information to our service providers, by contacting us at  .  We will respond to these requests in accordance with the laws that apply to you.  You can help us maintain the accuracy of your Personal Information by promptly notifying us of any changes to your information.

Contact Us About Complaints, Questions or Notices relating to this Privacy Policy

We are committed to resolving complaints about your privacy and our collection or use of your Personal Information.  If you believe your privacy rights have been violated or you disagree with any action we have taken with regard to your Personal Information, you may file a complaint with us by emailing us at  .  Users with complaints about their privacy or this Privacy Policy should submit their complaint in writing with as much information as possible.  Complaints will be acknowledged within a reasonable period of time, consistent with applicable law.

You may contact us at:

 

Privacy Notice for California Residents

Revised: June 1, 2020

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

This Notice does not apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals.  See https://www.oag.ca.gov/privacy/ccp

Where noted in this Notice, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication (“B2B personal information”) from some its requirements.

Information We Collect

Our Website collects information that identify, relate to, describe, reference, are reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • Information excluded from the CCPA’s scope, like:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

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

Category Examples Collected
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.

 

Yes
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Some personal information included in this category may overlap with other categories.

Yes
C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). No
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Yes
E. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. No
F. Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. Yes
G. Geolocation data. Physical location or movements. No
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. No
I. Professional or employment-related information. Current or past job history or performance evaluations. No
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. No
K. Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. No.

 

Our Sites obtain the categories of personal information listed above from the following categories of sources:

  • Directly from you — for example, from forms you complete or services you purchase.
  • Indirectly from you – for example, from observing your actions on our Sites.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information with us to request a price quote or ask a question about our products and services, we will use that personal information to respond to your inquiry.
  • To provide, support, personalize, and develop our Sites, products, and services.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To help maintain the safety, security, and integrity of our Sites, products and services, databases and other technology assets, and business.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Sites users is among the assets transferred.

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

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, we have not disclosed personal information for a business purpose.

Sales of Personal Information

In the preceding twelve (12) months, we have not sold personal information.

Your Rights and Choices

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

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see “Exercising Access, Data Portability, and Deletion Rights”), we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

We do not provide these access and data portability rights for B2B personal information.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see “Exercising Access, Data Portability, and Deletion Rights”), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

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

We do not provide these deletion rights for B2B personal information.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include you describing your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. However, if applicable, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.  We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales

We do not sell the personal information of consumers.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Sites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to .

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Sites and update the notice’s effective date. Your continued use of our Sites following the posting of changes constitutes your acceptance of such changes.

Contact Information

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

  • Calling us at 1-800-692-6008
  • Visiting www.wengerfeeds.com, www.thewengergroup.com, www.dutchlandfarms.com, or www.nutrify.com.
  • Emailing us at

 

THE WENGER GROUP COOKIES POLICY

What are cookies?

As is common practice with almost all professional websites, the Sites contain cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored. However, please be aware that if you prevent these cookies from being stored, it may downgrade or “break” certain elements of the Sites’ or the Software’s functionality.

For more general information on cookies, please see www.AllAboutCookies.org.

We use cookies for the reasons detailed below. Unfortunately, in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to the Sites and/or the Software.

Disabling Cookies

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser “Help” for how to do this). Be aware that disabling cookies may affect the functionality of the Sites and the Software and many other websites that you visit. Disabling cookies will usually also result in disabling certain functionality and features of the Software.

The Cookies We Set

We do not operate cookies directly on the Sites. If you create an account with us through the Software, then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out, however, in some cases they may remain afterwards to remember your preferences as to the Software and to log you out automatically. Please note that the Software will not function without these cookies.

Third Party Cookies

The Sites and Software also contain cookies operated by trusted third parties. The following section details which third party cookies you might encounter through the Sites and the Software.

The Sites and Software use Google Analytics, which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the Sites and Software and ways that we can improve your experience. Google Analytics operates cookies on the Sites and Software. These cookies may track things such as how long you spend on the Sites, the Software, and the pages that you visit, which helps us understand how we can improve. To opt-out of analysis by Google Analytics, please visit http://tools.google.com/dlpage/gaoptout.

From time to time, we may test new features and make subtle changes to the way that the Sites and the Software are delivered. When we are still testing new features, cookies may be used to ensure that you receive a consistent experience while using the Sites or Software and so that we can understand which optimizations our users appreciate the most.

Since we are always looking for ways to optimize your experience when using the Software, it is important for us to understand statistics about how the Software is used, therefore, this is a category of data that these cookies will track. This is important to you as it allows us to constantly improve the user experience.

More Information

We are hopeful that this has clarified the topic of “cookies” for you. However, if you are still looking for more information, please contact us through one of our preferred contact methods.

Email:

We have done our best to provide you with clear and comprehensive information about our use of cookies and similar technologies. If you choose to use our Sites and/or Software without blocking or disabling cookies or opting out of these technologies (as described above), you will indicate your consent to our use of these cookies and other technologies and to our use (in accordance with this policy and The Wenger Group Privacy Policy) of any personal information that we collect using these technologies. If you do not consent to the use of these technologies, please be sure to block or disable them using your browser settings.