TERMS OF USE AND PRIVACY
The information found in Sunset Landscapes web site is general and current as of the date the information was placed on the Web site. Links to information on sites not maintained by Sunset Landscapes are provided only as a public service. Sunset Landscapes is not responsible for the accuracy of the information on these other sites. Please let the webmaster know if a link to a site external to Sunset Landscapes does not work.
Thank you for visiting the Sunset Landscapes website and reviewing its Use Policy. The State requires users to know about the collection, use, security of, and access to information that may be obtained through use of the Sunset Landscapes web portal. By visiting this website, users accept the policies and practices described in this Notice, which covers the following topics:
• Personal Information and Choice
• A Special Note About Children
• Information Collected and How it is Used
• What Happens to Information You Submit
• If You Send E-mail
• Order Forms
• Public Disclosure
• Personal Information
• Security
• Links to Other Sites
• Limitation of Liability
• Ownership
• Copyright and Trademarks
Please note this terms of Use Policy is subject to change without notice, and that it reflects Sunset Landscapes’s current business practices.
PERSONAL INFORMATION AND CHOICE
“Personal information” is information about a person that identifies or describes an individual, including, but not limited to, his or her name, social security number, physical description, home address, home telephone number, education, financial matters, medical or employment history, and is readily identifiable to that individual. A domain name or Internet Protocol address is not considered personal information, however, it is considered “electronically collected personal information.” Similarly, according to Government Code section 11015.5, “electronically collected personal information” refers to any information that is maintained by an agency that identifies or describes an individual user, including, but not limited to, his or her name, social security number, physical description, home address, home telephone number, education, financial matters, medical or employment history, password, electronic mail address, and information that reveals any network location or identity, but excludes any information manually submitted to a state agency by a user, whether electronically or in written form, and information on or relating to individuals who are users, serving in a business capacity, including, but not limited to, business owners, officers, or principals of that business. The “electronically collected personal information” Sunset Landscapes automatically collect includes your domain name or Internet Protocol address, and statistical information about which web pages you visit. If you voluntarily participate in an activity that asks for specific information (e.g., completing a request for assistance, signing up for a Sunset Landscapes Sponsored event, sending an e-mail, or participating in a survey), more detailed data will be collected. If you choose not to participate in these activities, your choice will not affect your ability to use any other feature of the website. If any type of personal information is requested on the website or volunteered by the user, state law, including the Information Practices Act of 1977, Government Code section 11015.5, and the federal Privacy Act of 1974, may protect it. However, this information may be a public record once provided, and may be subject to public inspection and copying if not otherwise protected by federal or state law.
A SPECIAL NOTE ABOUT CHILDREN
Children are not eligible to use services that require submission of personal information and Sunset Landscapes requires that minors (under the age of 18) do not submit any personal information to us. This includes submitting personal information to Sunset Landscapes as part of a user profile or personalization profile. Minors can use these services only if used together with a parent or guardian. Minors should seek guidance from their parents.
INFORMATION COLLECTED AND HOW IT IS USED
Sunset Landscapes collects personal information directly from individuals who volunteer to use some of our services. Collection of this information is required to deliver the specific services, but use of these services is voluntary.
If a user simply browses or downloads information from Sunset Landscapes website, Sunset Landscapes automatically collects and stores the following information about the visit:
• The Internet Protocol Address and domain name used but not the e-mail address. The Internet Protocol address is a numerical identifier assigned either to your Internet service provider or directly to your computer. We use the Internet Protocol Address to direct Internet traffic to you and generate statistics used in the management of this site.
• The type of browser and operating system used.
• The date and time of the visit.
• The web pages or services accessed at this site.
• The web site visited prior to coming to this website.
• The web site visited upon leaving Sunset Landscapes’s website.
• The form that was downloaded, if applicable.
Sunset Landscapes’s website logs do not identify a visitor by personal information, and we make no attempt to link other websites with the individuals who browse the website.
However, if a user accesses our online applications, we automatically collect and store the interaction with the application including the following:
• Information inputted into form fields, including personal and confidential information.
• Links selected.
• Error messages a user may receive.
WHAT HAPPENS TO INFORMATION USERS SUBMIT?
If a user chooses to submit information to Sunset Landscapes, it will be transmitted through secure lines to our database. Any private information will be used only for the purposes for which it was provided and will not be shared with another entity except as prescribed by law. Please see our Privacy Policy for additional information.
SENDING E-MAIL
Users may choose to provide Sunset Landscapes with personal information, as in an e-mail with a comment or question. Sunset Landscapes uses the information to improve its service to users or to respond to a request. Sometimes your e-mail may be forwarded to other employees who may be better able to help you, and this staff may be employed by a different company or agency. Except for authorized law enforcement investigations or as required by law, our e-mail is not shared with any other organizations.
We use your e-mail to address issues you identify, to further improve our website, or to forward the e-mail to another agency for appropriate action.
ORDER FORMS
If an order is placed with Sunset Landscapes, information will be requested from the user. A user must provide contact information (e.g., name and shipping address) and may be asked for financial information (e.g., credit card number, expiration date]. This information is used for billing purposes and to fill the order/request. If we have trouble processing an order, this contact information is used to contact the person placing the order.
PERSONAL INFORMATION
Under Government Code section 11015.5, if a user chooses, they may have any personal information collected discarded without reuse or distribution, provided Sunset Landscapes is contacted in a timely fashion.
SECURITY
Sunset Landscapes has taken several steps to safeguard the integrity of its telecommunications and computing infrastructure, including, but not limited to authentication, monitoring, auditing, and encryption. Security measures have been integrated into the design, implementation, and day-to-day practices. This information should not be construed in any way as giving business, legal, or other advice, or warranting as fail proof, the security of information provided via the Sunset Landscapes website.
LINKS TO OTHER SITES
Sunset Landscapes’s website has links to sites Sunset Landscapes believes may be useful to users and which may provide services. When users link to another site, they are no longer on Sunset Landscapes’s website and are subject to the privacy policy of the new site.
Sunset Landscapes is monitored to ensure proper operation, to verify the functioning of applicable security features, and for comparable purposes. Anyone using this system expressly consents to such monitoring. Unauthorized attempts to modify any information stored on this system, to defeat or circumvent security features, or to utilize this system for other than its intended purposes are prohibited and may result in criminal prosecution.
LIMITATION OF LIABILITY
Sunset Landscapes attempts to maintain the highest accuracy of content on its web site.
Sunset Landscapes makes no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the contents of this website and expressly disclaims liability for errors and omissions in the contents of this website. No warranty of any kind, implied, expressed or statutory, including, but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given with respect to the contents of this web site or its hyperlinks to other Internet resources. References in this website to any specific commercial products, processes, or services, or the use of any trade, firm, or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by, Sunset Landscapes, or its employees or agents.
This Use Policy is subject to change without notice.
OWNERSHIP
“Sunset Landscapes Content” means all text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, applications, computer code and associated documentation found on or associated with the Site other than User Content (defined below) including but not limited to the Site as a collective work, the design, structure arrangement and “look and feel” of the Sunset Landscapes Content. Sunset Landscapes Content is owned by or licensed to Sunset Landscapes and is protected by copyright, trademark, and other intellectual property rights and laws. Except as expressly provided in these Terms of Use, no Sunset Landscapes Content may be copied, reproduced, sold, republished, transmitted, displayed, reposted, or otherwise distributed for public or commercial purposes. Nothing contained in these Terms of Use shall be deemed to grant to you or any other user any rights, title, or interest in or to any copyright, trademark, or other proprietary right of ours or any of our licensors.
User Content. “User Content” means any content, including any text, images, photos, audio, video, and all other forms of data or communication that a user provides or submits to us or our affiliates in any way including social media, Facebook, survey responses and Ratings and Reviews. User Content does not include any Sunset Landscapes Content. As between you and us, subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you.
License to Sunset Landscapes: You are solely responsible for your User Content. By providing User Content you hereby grant, and represent, and warrant that you have all rights and authority necessary to grant, (i) Sunset Landscapes and our affiliates, a perpetual, irrevocable, non-exclusive, transferable, royalty-free, fully sublicensable, fully paid-up, worldwide license and right to use, modify, copy, reproduce, publish, distribute, publically perform or display, adapt, translate, create derivative works, archive, store, upload, share, post, sublicense, or otherwise make available, such User Content in any form and through any media of any kind now known or later developed, for any purpose, with or without attribution, and (ii) subject to the restrictions set forth in these Terms of Use, all users a perpetual, irrevocable, non-exclusive, royalty-free license and right to use, such User Content for each such user’s personal, non-commercial use. You hereby irrevocably waive and assign to us any and all moral rights you may have in or with respect to any User Content you provide to us.
If you submit any idea or expression of ideas within your User Content (an “Idea”), you further agree as follows:
• to the best of your knowledge, the Idea represents your original work, you have all necessary rights to disclose the Idea to us and doing so, and our use of the Idea, will not infringe upon any third party;
• your disclosure of your Idea does not establish a confidential relationship with us or obligate us to treat the Idea as confidential;
• we have no obligation, whether express or implied, to develop or use your Idea and no compensation is due to you or anyone else for any use of that Idea, related Ideas, or ideas derived from your Idea; and
• Except to the extent these terms are superseded by a separate written agreement signed by you and Sunset Landscapes, you hereby irrevocably release and discharge Sunset Landscapes and its affiliates from any and all actions, causes of actions, claims, damages, liabilities, and demands, whether absolute or contingent, which you now have or hereafter may have against Sunset Landscapes and its affiliates with respect to the Idea.
Restrictions on User Content: Without limiting the generality of any other provisions of these Terms of Use, you may not post, upload, or transmit any User Content that:
• is offensive, threatening, illegal, harmful, tortuous, abusive, defamatory, obscene, vulgar, hateful, that infringes any third party right, or is otherwise objectionable;
• promotes illegal activities or conduct that is offensive, threatening, harmful, tortuous, abusive, defamatory, obscene, vulgar, hateful, or is otherwise unlawful;
• is false, misleading, or defamatory;
• is protected by copyright, trade secret, or subject to any other third party intellectual property rights or privacy rights unless you are the owner of such rights or you have the express permission from the rightful owner of such rights to upload, post, or submit such content and to grant us all the rights granted herein;
• provides personal data such as telephone numbers, home or e-mail addresses, full names or last names unless you have the explicit permission of the subject of such personal data (including any photos of any children under the age of 13 without the express permission of the child’s parent or guardian);
• involves the transmission of unsolicited mass mail, spam, junk mail, or otherwise interferes with other users’ enjoyment of the Site;
• falsely states or implies that such content is sponsored or endorsed by us or our affiliates;
• contains restricted or password-only access pages or hidden pages or images;
• involves commercial activities or sales without our express prior written consent; or
• involves sending or otherwise making available any material that contains viruses, Trojan horses, worms, time bombs, or any other similar software that may damage the operation of Restaurant.com’s or any third party web provider’s servers, computers, or networks.
We assume no responsibility for monitoring any of the User Content and have no obligation to review the User Content. In addition, we do not guarantee the accuracy, integrity, or quality of the User Content. Nonetheless, we reserve the right, at all times and for any reason whatsoever, to edit or remove any User Content, as well as selectively publish certain User Content (such as positive User Content).
The foregoing provisions apply equally to and are for the benefit of Sunset Landscapes, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
COPYRIGHT AND TRADEMARKS
The foregoing provisions apply equally to and are for the benefit of Sunset Landscapes, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf. Without limiting the generality of any other provisions of these Terms of Use, you may not post, upload, or transmit any User Content that is protected by copyright, trade secret, or subject to any other third party intellectual property rights or privacy rights unless you are the owner of such rights or you have the express permission from the rightful owner of such rights to upload, post, or submit such content and to grant us all the rights granted herein. The foregoing provisions apply equally to and are for the benefit of Sunset Landscapes, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
WEBSITE PRIVACY POLICY
We collect two types of information about our Site Users: Personally Identifiable Information and Non-Personally Identifiable Information.
Personally Identifiable Information. Personally Identifiable Information is information that identifies a specific End User. When you engage in certain activities on or off the Website, such as creating an account, signing in to your account, ordering a product or service from us, submitting content and/or posting User Content, entering a contest or sweepstakes sponsored by us, filling out a survey, posting a review, sending us feedback, requesting information about our services, submitting an affiliate agreement, applying for a job or to be a consultant or supplier, posting a video or signing up for special offers from third parties through the Website (collectively, “Identification Activities”), we may ask you to provide certain information about yourself. It is optional for you to engage in an Identification Activity. If you elect to engage in an Identification Activity, however, we may ask you to provide us with certain personal information about yourself, such as your first and last name, mailing address (including zip code), email address, telephone number. When you order products or services, we may also ask you to provide us with your credit card number, expiration date and authentication codes or related information. We may also know your location if you access the Site. Depending on the activity, some of the information we ask you to provide is identified as mandatory and some is identified as voluntary. If you do not provide the mandatory information for a particular activity that requires it, you will not be permitted to engage in that activity
If you provide User Content, such as an email to our customer service or response to a restaurant survey, we may use your comments and feedback to tell others about our services, and may post your comment in our marketing materials or on our Website. In connection with such User Content, we may also display partial information such as first name, initial of last name, city and state. Such partial information is not considered Personally Identifiable Information.
In addition, if you use our Site to send information or a product to another person, we may store your personal information, and the personal information of any recipient. We may use that other person’s contact information to allow him or her to view and accept your gift or to allow the recipient to access the information you requested we send. We may also use Personally Identifiable Information to troubleshoot, resolve disputes, accomplish administrative tasks, contact you, enforce our agreements with you, including our Site Terms of Use and this Privacy Policy, comply with applicable law, and cooperate with law enforcement activities.
Non-Personally Identifiable Information. Non-Personally Identifiable Information is information that does not identify a specific End User. This type of information may include things like the Uniform Resource Locator (“URL”) of the website you visited before coming to our Website, the URL of the website you visit after leaving our Website, the type of browser you are using and your Internet Protocol (“IP”) address. We, and/or our authorized Third Party Service Providers and Advertisers, may automatically collect this information when you visit our Website through the use of electronic tools like Cookies and Web beacons or Pixel tags.
We use Non-Personally Identifiable Information to troubleshoot, administer the Website, analyze trends, gather demographic information, comply with applicable law, and cooperate with law enforcement activities. We may also share this information with our authorized Third Party Service Providers and Advertisers to measure the overall effectiveness of our online advertising, content, and programming..
Release of Personally Identifiable Information
We will not share your Personally Identifiable Information with other parties except as provided below:
We may share your information with Marketing Partners. From time to time we may establish a business relationship with third parties. These are known as our “Marketing Partners.” We may share your Personally Identifiable Information with our Marketing Partners to enable them to contact you regarding products, services, and special offers that may be of interest to you. Some Marketing Partners may contact you from a promotional space on our Website, and others may contact you via email.
We may share your information with Authorized Third Party Service Providers. We provide some of our services and products through third parties. These “Third Party Service Providers” perform functions on our behalf, like sending out and distributing our administrative and promotional emails. We may share your Personally Identifiable Information with such Service Providers to fulfill orders, deliver packages, send postal or email, administer our Rewards Program contests or sweepstakes, remove repetitive information and improve information on customer lists and databases, analyze data and activities, provide marketing assistance, provide search results and links, process credit card payments, operate the Website, troubleshoot, and provide customer service.
We encourage Affiliated Restaurants, Affiliated Businesses, Marketing Partners and Third Party Service Providers to adopt and post privacy policies. However, the use of your Personally Identifiable Information by such parties is governed by the privacy policies of such parties and is not subject to our control.
We may share your information for our Protection and the Protection of Others. We may also disclose Personally Identifiable Information when we believe release is appropriate to comply with the law or a court order; enforce or apply this Privacy Policy, our Website Terms of Use or other agreements; or protect the rights, property or safety of the Website, its Users or others.
Release of Non-Personally Identifiable Information
We may disclose or share Non-Personally Identifiable Information with Partners, Affiliates and Advertisers. For example, we may share aggregated demographic information (which does not include any Personally Identifiable Information) with “Third Party Advertisers” or “Third Party Advertising Companies” and other parties as provided below: We also use Third Party Service Providers, to track and analyze Non-Personally Identifiable usage and volume statistical information from our Users to administer our Website and constantly improve its quality. Please note that this is not Personally Identifiable Information, only general summaries of the activities of our Users. Such data is collected on our behalf, and is owned and used by us.
Updating and Correcting Information
We believe that you should have the ability to access and edit the Personally Identifiable Information you provide us. You may change any of your Personally Identifiable Information by: sending us an email at info@sunsetlandscapes.com
We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed.
User Choices on Collection and Use of Information
As discussed above, you can always choose not to provide information, although it may be required to engage in a certain activity on the Website.
Data Tracking Cookies.
To facilitate and customize your experience with the Website, we store cookies on your computer. A cookie is a small text file that is stored on a User’s computer for record-keeping purposes which contains information about that User. We use cookies and other browser analytics tools to save you time while using the Website, remind us who you are and track and target User interests in order to provide a customized experience. Cookies and web analytics tools also allow us to collect information about your experience, like which pages you visited, what links you clicked on, and, when combined with information you provide to us, we may be able to tell what kind of items you may be interested in to make your experience more enjoyable. Use of this information helps us to create a more user-friendly experience for all visitors. Most browsers automatically accept cookies, but you may be able to modify your browser settings to decline cookies. Please note that if you decline or delete these cookies, some parts of the Website may not work properly.
Other Tracking Devices.
We may use other industry standard technologies like pixel tags, web beacons and other tools to track your use of our Website pages and promotions, or we may allow our Third Party Service Providers to use these devices on our behalf. These tools are software code that allows us to determine what pages you visit, whether you have performed a specific action, etc. When you access these pages or open or click an email, these tools generate a notice of that action. These tools allow us to measure and improve our understanding of visitor traffic and behavior on our Website, as well as give us a way to measure our promotions and performance. We may also utilize pixel tags, web beacons and other tools provided by our Affiliates and/or Marketing Partners for the same purposes.
Privacy Policies of Third Party Websites
This Privacy Policy only addresses the use and disclosure of information we collect from you. Other websites that may be accessible through this Website have their own privacy policies and data collection, use and disclosure practices. If you link to any such website, we urge you review the website’s privacy policy. We are not responsible for the policies or practices of third parties.
Notice of Privacy Rights to California Residents.
California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the “Act”) and the California Business and Professions Code. As required by the Act, we will provide you with the categories of Personally Identifiable Information that we collect through the Website and the categories of third party persons or entities with whom such Personally Identifiable Information may be shared for direct marketing purposes at your request. We do not enable third parties to collect Personally Identifiable Information from the use of our Website for their own purposes (except through an Identification Activity) whether over time, across third party websites, or other online services. We do not respond to associated “do not track” mechanisms. California law requires us to inform you, at your request, (1) the categories of Personally Identifiable Information we collect and what third parties we share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. The Act further requires us to allow you to control who you do not want us to share that information with. To obtain this information, please send a request by email or standard mail. Please allow 30 days for a response. Notice to Residents Outside the United States. We are based in the United States and you acknowledge that the information we collect is governed by U.S. law. You are solely responsible for compliance with any protection or privacy obligation in your jurisdiction when you use the Site or provide us with information. Our operations are supported by a network of computers, cloud-based servers, and other infrastructure and information technology, including, but not limited to, Third Party Service Providers. By accessing or using our Site or services, or otherwise providing information to us, you consent to the processing, transfer and storage of information in and to the United States, and elsewhere around the world where we (or our Third Party Service Providers) may access the information. Please note that the locations which may process, transfer, or store information may have privacy and data protection laws that differ from your local jurisdiction, and those locations may not provide the same rights and protections as you do under your local laws. Regardless, we will protect your information as described in this Privacy Policy