Privacy & Security
 

This Privacy Policy was last updated on November 16, 2007.

Thank you for visiting SmithandHawken.com. This Privacy Policy only applies to information collected online at SmithandHawken.com. By visiting our Website, you are accepting the practices described in this policy.

Information Collected


1.    Non-Personally Identifiable Data. When you visit our Website we track non-personally identifiable information such as your Internet domain address, any search engine you may have used to locate the Website, and certain navigational information about where you go on our Website. This information enables us to determine which areas of the Website are most frequently visited and helps us tailor the Website to the needs and interests of our online visitors.

2.    Information Voluntarily Provided. SmithandHawken.com will ask you to provide personal information when you establish or update a SmithandHawken.com Account, sign up for Smith & Hawken email, request a catalog, make purchases, check the status of an order, and/or contact us.

For your general requests, such as requesting a catalog or contact us, we will collect your name, address, telephone number and email address.

When you make a purchase at SmithandHawken.com, we will collect your name, billing and shipping address, email address, telephone number, credit card information, and order information. We will also collect, where applicable, gift card information and the recipient’s name, phone number and email address.

If you create a SmithandHawken.com Account, you will be required to provide your email address and a password, and may provide additional personal information such as name, billing and shipping address, and credit card information.

How We Use Information Collected Online


SmithandHawken.com uses the personal information we collect from you to: (i) deliver products that you have ordered; (ii) contact you or the product recipient(s) in the event of order or delivery difficulties; (iii) respond to your inquiries; (iv) send you catalogs and other postal mail; (v) send you email communications regarding Smith & Hawken products, services, and promotions; (vi) conduct surveys and contests; and (vii) develop our products, services, and Website. In some cases, we may use information collected online to personalize your future experience with Smith & Hawken. For example, if your zip code indicates you live near one of our stores, we may notify you about an upcoming event (such as a sale or workshop). If you do not wish to be contacted by email, please let us know and we will remove your name from our email list (see Opt-Out Procedures below).

If you have a SmithandHawken.com Account you may save personal information in that Account and we will use this information when you checkout to make your shopping online quicker and easier.

Disclosure of Personal Information


The services provided by third parties include the following: operating our Website; monitoring site activity; processing and fulfilling orders; maintaining our database; administering and monitoring emails; and providing us with comparative information on the performance of our Website.

We occasionally share the postal addresses of customers with our affiliated companies (for example, the Scotts Company LLC and its affiliated companies) and select companies whom we deem trustworthy. These select companies may contact you with products or services that may be of interest to you. Your personal email address will not be shared, sold, or rented. If you do not want Smith & Hawken to share your postal address with our affiliates and select companies, you may request otherwise (see Opt-Out Procedures below). If you request not to receive information from Smith & Hawken at your postal address, it is possible that you may receive a mailing from us prior to such removal becoming effective.

Smith & Hawken may disclose specific personal information based on a good-faith belief that such disclosure is necessary to comply with or conform to the law (for example, subpoenas or warrants) or that such disclosure is necessary to protect the users of our Website, the site or the public.

In the event Smith & Hawken sells or transfers a particular portion of its business assets, consumer information may be one of the business assets transferred as part of the transaction. If substantially all of the assets of Smith & Hawken are acquired, consumer information may be transferred as part of the acquisition.

Passwords


To access the personal data record created through your registration with SmithandHawken.com, you will need to use a password that you create. To protect the integrity of the information contained in this record you should not disclose or otherwise reveal your password to third parties. If you forget your password, we will send a new password to the email address you provide.

Opt-Out Procedures


You may always opt-out of receiving future e-mail communications from Smith & Hawken by either (a) replying to an email message you receive and placing the word “remove” in the subject line, (b) making a request through the Website, or (c) calling us at 1-800-940-1170. Please note, however, that your request not to receive information will not preclude us from contacting you regarding questions we have about your purchase and other operational emails, such as shipping information.

You may also request that we do not share your postal address with other companies by contacting us at:

By Email: customerservice@smithandhawken.com
By Phone: 1-800-940-1170
By Regular U.S. Mail: Smith and Hawken P.O. Box 8690 Pueblo, CO 81008-9998


Use of Cookies


SmithandHawken.com may use a browser feature known as a “cookie.” Cookies are small files placed on your hard drive that assist Smith & Hawken in providing you with a customized browsing experience. Smith & Hawken uses cookies to provide you with the convenience of not having to reenter information, such as user IDs and passwords, multiple times during your visits to SmithandHawken.com. Cookies can also be used to help Smith & Hawken provide you with information targeted to your interests, based upon your prior browsing on the Website. The “help” section of the toolbar on most browsers will inform you on how to prevent your browser from accepting new cookies, how to have the browser notify you upon the receipt of a new cookie, or how to disable the use of the cookies completely.

We use a technology known as clear gifs which are typically stored in emails to help us confirm your receipt of, and response to, our emails and to provide you a more personalized shopping experience.

We also have an agreement with a company that places cookies on your computer to collect information on our behalf. The information collected through these cookies educates us on such things as search engine referral, how you navigate around our site, responses to email, unique visitor identification and product browsing. The information and analysis we receive is used to assist us in better understanding your interests in our Website and to better serve those interests, including providing emails aimed at interests you expressed on our site.

Links to Third Party Sites


For your convenience, SmithandHawken.com may contain links to other websites. Smith & Hawken is not responsible for the privacy practices, advertising, products or the content of such websites. To help ensure your privacy, Smith & Hawken recommends that you review the privacy policy of each site you visit.

We have provided a link to Scotts.com (our parent company) to provide you with employment opportunities with Smith & Hawken. If you plan to provide information at this Scotts.com site, you should review the separate privacy policy on that site.

Accessing SmithandHawken.com from Outside the United States


If you are visiting this Website from a location outside the United States, your connection will be through and to servers located in the United States. Any information you provide during your visit will be processed and maintained on our Web server and other internal systems located within the United States.

Security


We encrypt your credit card numbers and personal information automatically while they are in transit over the Internet, preventing a third party from viewing this information. In this regard, we designed SmithandHawken.com to accept orders only from Web browsers that permit communication through Secure Socket Layer (SSL) technology.

While we implement the above security measures for this Website, you should be aware that 100% security is not always possible.

Correcting, Updating, and Removing Information


Personal information you provide us will be made available for your review. You may update, modify, or remove your personal information any time by any of the following methods:

By Email: customerservice@smithandhawken.com
By Phone: 1-800-940-1170
By Regular U.S. Mail: Smith and Hawken P.O. Box 8690 Pueblo, CO 81008-9998


Policy Changes


We reserve the right to change, modify, or amend this policy at any time. Should there be a material change to our information collection and use practices, it will be applied only to information collected on a going forward basis, and we will update this privacy policy statement and indicate a new effective date. Your use of this Website after a material change constitutes acceptance of such change.

Your Feedback


If you have questions concerning this Privacy Policy or the practices of this site, you may contact us at:

By Email: customerservice@smithandhawken.com
By Phone: 1-800-940-1170
By Regular U.S. Mail: Smith and Hawken P.O. Box 8690 Pueblo, CO 81008-9998