Privacy Policy

PRIVACY POLICY

Last Updated: [May 2026]

This Privacy Policy describes how ATM Gardens (the "Site", "we", "us", or "our") collects, uses, and discloses your personal information when you visit, use our services, or make a purchase from atmgardens.com (the "Site") or otherwise communicate with us (collectively, the "Services").

By using or accessing any of our Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access any of our Services.

1. CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on the Site, update the "Last Updated" date, and take any other steps required by applicable law.

HOW WE COLLECT AND USE YOUR PERSONAL INFORMATION

To provide the Services, we collect and have collected over the past 12 months personal information about you from a variety of sources, as set out below. The information that we collect and use varies depending on how you interact with us.

In addition to the specific uses set out below, we may use information we collect about you to communicate with you, provide the Services, comply with any applicable legal obligations, enforce any applicable terms of service, and protect or defend the Services, our rights, and the rights of our users or others.

What Personal Information We Collect

The types of personal information we obtain about you depends on how you interact with our Site and use our Services. When we use the term "personal information", we are referring to information that identifies, relates to, describes or can be associated with you. The following sections describe the categories and specific types of personal information we collect.

Information We Collect Directly from You

Information that you directly submit to us through our Services may include:

  • Basic contact details: Including your name, address, phone number, and email. This is strictly required to process and ship your plant and tree orders.

  • Order information: Including your billing address, shipping address, payment confirmation, email address, and phone number.

  • Account information: Including your username, password, and security questions.

  • Shopping information: Including the plants, trees, or garden hard goods you view, put in your cart, or add to your wishlist.

  • Customer support information: The information you choose to include in communications with us, for example, when sending questions about plant hardiness zones or submitting photos for a warranty claim.

Information We Collect Through Cookies

We also automatically collect certain information about your interaction with the Services ("Usage Data"). To do this, we may use cookies, pixels, and similar technologies ("Cookies"). Usage Data may include:

  • Device information (such as browser type, operating system, unique device identifiers).

  • IP address.

  • Date and time of your visit.

  • Location data (to help display local climate zones or verify shipping restrictions).

  • How you navigate our plant collections, search terms used, and links clicked.

3. THIRD PARTIES AND DATA SHARING

We share your personal information with third parties who act as our service providers to help us run our online nursery business:

  • Shopify: We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.

  • Payment Processors: We share your data securely with payment gateways (like Shopify Payments, Stripe, or PayPal) to safely capture your transaction details.

  • Shipping Carriers & Logistics: We share your name, delivery address, and phone number with carriers (like UPS, FedEx, or freight providers) so they can successfully transport your living material.

  • Advertising & Marketing Partners: As described in our Opt-Out text, we may share basic interaction data with advertising networks (like Google Ads or Meta) to show you tailored advertisements on other websites that match your gardening interests.

4. "SALE" OR "SHARING" OF PERSONAL INFORMATION (OPT-OUT RIGHTS)

As outlined by certain U.S. state privacy laws, sharing tracking data with third-party advertising partners for targeted marketing may be considered a "sale" or "sharing" of data.

  • We do not sell your personal data for financial compensation.

  • You have the absolute right to opt out of targeted advertising. If you wish to restrict the sharing of your data via cookies for advertising tracking, please visit our dedicated "Do Not Sell or Share My Personal Information" page linked in our website footer or enable the Global Privacy Control (GPC) signal in your browser.

5. HOW LONG WE KEEP YOUR DATA

We retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, such as managing your customer account, honoring our 60-Day Grow Guarantee, resolving shipping disputes, or complying with federal/state agricultural record-keeping laws.

6. YOUR RIGHTS AND CHOICES

Depending on where you live, you may have some or all of the rights listed below in relation to your personal information:

  • Right to Know / Access: The right to request that we disclose what personal data we collect, use, or share about you.

  • Right to Delete: The right to request that we erase personal information we have collected from you (subject to exceptions like active tree shipments or tax compliance).

  • Right to Correct: The right to request that we fix inaccurate personal data in your account file.

  • Right to Non-Discrimination: We will never deny you service, change your prices, or provide a lower quality of customer service if you choose to exercise your privacy choices.

To exercise any of these rights, please contact us using the information provided below.

7. SECURITY

Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee "perfect security." When you enter payment information on our store, it is completely encrypted using Secure Sockets Layer (SSL) technology and handled exclusively by certified Level 1 PCI-compliant processors.

8. CONTACT INFORMATION

If you have any questions about our privacy practices, wish to update your preferences, or would like to submit a request regarding your data rights, please reach out to us at:

ATM Gardens Email: Support@atmgardens.com