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Privacy Notice

Privacy Notice

This Privacy Policy describes how The Scotts Miracle-Gro and its subsidiaries (collectively, “Scotts,” “we,” “us,” or “our”) collects, uses, shares, and protects personal information. This Privacy Policy also tells you about your rights and choices with respect to your personal information, and how you can reach us to get answers to your questions.

You can jump to particular topics by going to the headings below:

Contents

Information We Collect

We collect information about you in a variety of ways depending on how you interact with us and our websites, mobile applications, products, and services, including:

  • Directly from you when you provide it to us, such as when you register for an account, sign up to receive communications from us, make a purchase, or contact us by phone, email, or otherwise. This includes offline interactions such as submitting rebate claims by mail, registering your warranty information by mail, or otherwise interacting with us without using our Online Services.
  • Automatically through the use of cookies, server logs, and other similar technologies when you interact with our websites, mobile applications, advertisements, and emails. 
  • From other sources, including, for example, our affiliates, business partners, service providers, online social media networks, and other third parties, or from publicly available sources. For example, if you submit a job application, or are hired to become an employee, we may conduct a background check. 

If you are located in Canada, our lawful basis for processing your data is generally consent. If you would like specific information about your lawful basis of processing in this jurisdiction, please contact us as indicated in the “Contact Us” section.

ContextTypes of Personal InformationPrimary Purpose for Collection and Use of Personal Information
Account RegistrationWe collect your name and contact information when you create an account. We also collect information relating to the actions that you perform while logged into your account.We have a legitimate interest in providing account related functionalities to our users. Accounts can be used for easy checkout and to save your preferences and transaction history.
Application for EmploymentIf you apply for a job posting, we collect information necessary to process your application or to retain you as an employee. This may include, among other things, your Social Security Number. Providing this information is required for employment.We have a legitimate interest in evaluating candidates for open
positions. In some contexts, we are also required by law to collect information about employees or applicants.
Distributors InformationWe collect the names and contact information of our distributors’ employees.We have a legitimate interest in communicating with our distributors concerning normal business administration such as orders and billing.
Vendor InformationWe collect the names and contact information of our vendors’ employees.We have a legitimate interest in communicating with our vendors concerning normal business administration such as orders and billing.
Demographic InformationWe collect personal information, such as your age.We have a legitimate interest in understanding our users and providing tailored services.
Distance InformationSome of our Apps may collect your location from the GPS, Wi-Fi, and/or cellular technology in your device to determine your location and your distance. This information may be used to locate a store nearby that sells our products, or to operate lawn-planning features in our mobile apps.We have a legitimate interest in understanding our users general locations to provide tailored services or information about where to purchase products. We only use precise location with your consent.
Email InterconnectivityIf you receive email from us, we use certain tools to capture data related to when you open our message, click on any links or banners it contains and make purchases.We have a legitimate interest in understanding how you interact with our communications to you.
Feedback/SupportIf you provide us feedback or contact us for support we will collect your name and email address, as well as any other content that you send to us, in order to reply.
We have a legitimate interest in receiving, and acting upon, your feedback or issues.
Mobile DevicesWe collect information from your mobile device such as unique identifying information broadcast from your device when visiting our website or when visiting one of our retailers.We have a legitimate interest in identifying unique visitors, and in understanding how users interact with us on their mobile devices.
Order PlacementWe collect your name, billing address, shipping address, email address, phone number. Our payment processor also collects credit card information and security code through our order page when you place an order.We use your information to perform our contract to provide you with products or services.
Partner PromotionWe collect information that you provide as part of a co-branded promotion with another company.We have a legitimate interest in fulfilling our promotions.
Public Health and SafetyIn certain situations where a serious public health threat has been identified, we may collect information from employees, guests, and other individuals accessing our facilities. This may include medical and health information, such as body temperature, symptoms, and underlying health conditions.We have a legitimate interest in protecting the health and safety of our employees and guests. In some jurisdictions we may be required by law, regulation, or governmental order to collect and retain information related to issues of public health and safety. We have a legitimate interest in complying with the laws in the jurisdictions in which we operate.
SurveysWhen you participate in a survey, we collect information that you provide through the survey. If the survey is provided by a third party service provider, the third party’s privacy policy applies to the collection, use, and disclosure of your information.We have a legitimate interest in understanding your opinions, and collecting information relevant to our organization.
Sweepstakes or contestsWhen you participate in a sweepstakes or contest we collect information about you which includes contact information to notify you if you are selected.We have a legitimate interest in operating the sweepstakes. In some contexts we are also required by law to collect information about those that enter into our sweepstakes, and we have a legitimate interest in complying with those laws.

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How We Use Your Personal Information

In addition to the purposes and uses described above, we use information in the following ways:

  • To identify you when you visit our websites.
  • To provide products and services or to process returns.
  • To improve our services and product offerings.
  • To streamline the checkout process.
  • To conduct analytics.
  • To communicate with you, such as to respond to and/or follow-up on your requests, inquiries, issues, or feedback.
  • To send marketing and promotional materials including information relating to our products, services, sales, or promotions, or those of our business partners.
  • To detect and protect against malicious, deceptive, fraudulent, or illegal activity, including violation of our policies and terms and conditions, security incidents, and harm to the rights, property, or safety of our company and our users, employees, or others.
  • To debug, identify and repair errors that impair existing intended functionality of our website.
  • To comply with our legal or regulatory obligations, to establish or exercise our rights, and to defend against a legal claim.
  • For internal administrative purposes, as well as to manage our relationships.
  • For such other purposes as you may consent (from time to time).

Although the sections above describe our primary purpose in collecting your information, in many situations we have more than one purpose. For example, if you complete an online purchase, we may collect your information to perform our contract with you, but we also collect your information as we have a legitimate interest in maintaining your information after your transaction is complete so that we can quickly and easily respond to any questions about your order. As a result, our collection and processing of your information is based in different contexts upon your consent, our need to perform a contract, our obligations under law, and/or our legitimate interest in conducting our business.

In the course of our use of your information, we may share your information with our internal departments who have a business purpose for accessing the data (which will depend on the purpose for which you provided your information). This may include, but this is not limited to, customer service, human resources, billing and accounting, IT, marketing, and operations.

To the extent we maintain and use personal information in a deidentified form, we will not attempt to reidentify the information, except for the purpose of determining whether our deidentification processes satisfy our legal obligations.

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How We Share Information

In addition to the specific situations discussed elsewhere in this Privacy Policy, we may disclose personal information in the following situations:

  • Affiliates and Acquisitions. We may share information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control). If another company acquires, or plans to acquire, our company, business, or our assets, we will also share information with that company, including at the negotiation stage.
  • Other Disclosures without Your Consent. We may disclose information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws. We may also share your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or to comply with your request for the shipment of products to or the provision of services by a third-party intermediary.
  • Public. Some of our websites may provide the opportunity to post comments, or reviews, in a public forum. If you decide to submit information on these pages, that information may be publicly available.
  • Partner Promotion. We may offer contests, sweepstakes, or other promotions with third party partners. If you decide to enter a contest, sweepstakes, or promotion that is sponsored by a third party partner the information that you provide will be shared with us and with them. Their use of your information is not governed by this privacy policy.
  • Service Providers. We may share your information with service providers. Among other things service providers may help us to administer our website, conduct surveys, provide technical support, process payments, and assist in the fulfillment of orders.
  • Other Disclosures with Your Consent. We may disclose your information to other third parties when we have your consent or direction to do so.

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Your Choices

Some jurisdictions give you a right to make the following choices regarding your personal information:

  • Access To Your Personal Information. You may request access to your personal information or confirmation that we have information about you. In certain limited circumstances, you may also request to receive access to your data in a portable, machine-readable format.
  • Changes To Your Personal Information. We rely on you to update and correct your personal information. Some of our websites allow you to modify your account profile. If our website does not permit you to update or correct certain information, you can contact us at the address described below in order to request that your information be modified. You may ask us to correct information that is inaccurate or incomplete. Note that we may keep historical information in our backup files as permitted by law.
  • Deletion Of Your Personal Information. You may request that we delete your personal information. If required by law, we will grant a request to delete information, but you should note that in many situations we must keep your personal information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another business purpose.
  • Objection to or Restriction of Certain Processing. In certain circumstances, you may object to the processing of your personal information, or request that we restrict processing of your personal information, by following the instructions described below.
  • Online Tracking. We do not currently recognize the “Do Not Track” signal.
  • Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can stop receiving promotional emails by following the unsubscribe instructions in emails that you receive. If you decide not to receive promotional emails, we may still send you service related communications.
  • Promotional Texts.If you receive a text from us that contains promotional information you can opt- out of receiving future text messages by replying “STOP.”
  • Revocation Of Consent. Where we process your personal information based upon consent, you may revoke consent. Please note, if you revoke your consent for the processing of personal information then we may no longer be able to provide you services.

Please note, not all of the rights described above are absolute, and they do not apply in all circumstances. In some cases, we may limit or deny your request because the law permits or requires us to do so, or if we are unable to adequately verify your identity. We will not discriminate against individuals who exercise their privacy rights under applicable law.

Submitting Requests

You may exercise the rights described above through our online portal or by contacting us as indicated in the “Contact Information” section below. If you disagree with our denial of a request and your jurisdiction permits you to appeal such denial, you may appeal our decision by contacting us with the subject line “Appeal.”

Note that, as required by law, we will require you to prove your identity. We may verify your identity by phone call or email. Depending on your request, we will ask for information such as your name, the last item you purchased from us, or the date of your last purchase from us. We may also ask you to provide a signed declaration confirming your identity. Following a request, we will use reasonable efforts to supply, correct or delete personal information about you in our files.

In some circumstances, you may designate an authorized agent to submit requests to exercise certain privacy rights on your behalf. If you are an authorized agent submitting a request on behalf of an individual, you must attach a copy of a completed Authorized Agent Designation Form indicating that you are able to act on another person’s behalf.

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How We Protect and Retain Information

No method of transmission over the internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your personal information from unauthorized access, use, or disclosure, we cannot guarantee the security of your personal information. These efforts to protect your personal information include physical, administrative, and technical measures. In the event that we are required by law to inform you of a breach to your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

Some of our websites permit you to create an account. When you do you will be prompted to create a password. You are responsible for maintaining the confidentiality of your password, and you are responsible for any access to or use of your account by someone else that has obtained your password, whether or not such access or use has been authorized by you. You should notify us of any unauthorized use of your password or account.

We retain your personal information for only as long as necessary to fulfill the purposes outlined in this Privacy Policy, including for the purposes of satisfying any legal, accounting, or reporting requirements, unless a longer retention period is required or permitted by law. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, the purposes for which we obtained the information and whether we can achieve those purposes through other means, as well as applicable legal requirements. Where required by law, our information governance approach includes a data destruction policy to guide our handling of your information once the retention period has passed.

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Transmission Of Information To Other Countries

As a multi-national company, we transmit information between and among our affiliates. As a result, your information may be processed in a foreign country where privacy laws may be less stringent than the laws in your country. Nonetheless, where possible we take steps to treat personal information using the same privacy principles that apply pursuant to the law of the country in which we first received your information. By submitting your personal information to us you agree to the transfer, storage, and processing of your information in a country other than your country of residence including, but not necessarily limited to, the United States. If you would like more information concerning our attempts to apply the privacy principles applicable in one jurisdiction to data when it goes to another jurisdiction you can contact us using the contact information below. You may also request a copy of any Standard Contractual Clauses we use for the transfer of your data outside of the EEA, which includes the categories of information transferred by contacting us using the contact information below.

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Third-Party Applications/Websites

For your convenience, we may provide links to websites and other third-party content or services that we do not own or operate. The websites and third-party content to which we link may have separate privacy notices or policies. Please note, we have no control over the privacy practices of websites, or services that we do not own. We encourage you to review the privacy policies of any third-party website or application for details about such third party’s privacy practices.

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Changes To This Privacy Policy

We may change our privacy policy and practices over time. To the extent that our policy changes in a material way, the policy that was in place at the time that you submitted personal information to us will generally govern that information unless we receive your consent to the new privacy policy. Our privacy policy includes an “effective” and “last updated” date. The effective date refers to the date that the current version took effect. The last updated date refers to the date that the current version was last substantively modified. If we make a material change to our privacy notice, we will attempt to notify you through email or through a website pop-up.

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Contact Information

If you have any questions, comments, or complaints concerning our privacy practices, or if you need to access this Privacy Policy in an alternative format due to having a disability, please contact us at the appropriate address below. We will attempt to respond to your requests and to provide you with additional privacy-related information.

[email protected]
14111 Scottslawn Road
Marysville, Ohio 43041
Attn: Data Privacy Team (Legal Dept.)
888-270-3714

Alternatively, submit a request through the Personal Information Request Portal.

If you are not satisfied with our response, and are in the European Union or United Kingdom, you may have a right to lodge a complaint with your local supervisory authority.

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Additional Information For California Residents

California law requires us to disclose the following additional information related to our privacy practices. If you are a California resident, the following privacy disclosures apply to you in addition to the rest of the Privacy Policy.

  • California Shine the Light. If you would like more information concerning the categories of personal information (if any) we share with third parties or affiliates for those parties to use for direct marketing, please submit a written request to us using the information in the Contact Information section above.
  • California Notice of Financial Incentive. We offer a discount on your first order when you sign up for our email lists. To unlock these savings, we will ask you to provide your email address and zip code. Under California law, this discount might be interpreted as a “financial incentive” program as it involves the collection of personal information. We do not assign a monetary value to the information we collect. Based on our reasonable estimate, the value of your personal information to us is related to the value of the discounted products or services that you obtain when you use the discount code offered upon sign up. This value is based on the expense related to offering those free or discounted products or services. You may withdraw from participating in the email list at any time clicking the unsubscribe link included in each email. Visit our homepage to learn more, including how to join.
  • Notice of Collection. The table below describes the categories of personal information we collect, disclose for a business purpose, “sell” and/or “share” (as those terms are defined by California law). Please note, in addition to the recipients identified below, we may disclose any of the categories of personal information we collect with government entities, as may be needed to comply with law or prevent illegal activity. We do not “sell” your personal information for money. As discussed elsewhere in the Privacy Policy, we use cookies and similar tracking technologies for purposes of targeted advertising. For details regarding how we use personal information, please see the Information We Collect section of the Privacy Policy. For information regarding how long we retain personal information, please refer to the How We Protect and Retain Information section of the Privacy Policy.
Category of Personal Information Category of Recipients 
Disclosures for a Business Purpose Sharing for Cross-Context Behavioral Advertising
Identifiers – this may include real name, alias, postal address, unique personal identifier, online identifier, email address, account name, or other similar identifiers.
  • Affiliates or subsidiaries
  • Data analytics providers
  • Internet service providers
  • Other Service Providers
  • Payment processors or financial institutions
  • Professional services organizations, this may include auditors and law firms
  • Advertising networks
Financial Information – this may include bank account number, credit card number, debit card number, and other financial information.
  • Affiliates or subsidiaries
  • Internet service providers
  • Other Service Providers
  • Payment processors or financial institutions
  • Professional services organizations, this may include auditors and law firms
Characteristics of protected classifications – this may include age, sex, race, ethnicity, physical, or mental handicap, etc.
  • Affiliates or subsidiariesInternet service providers
  • Internet service providers
  • Other Service Providers
  • Payment processors or financial institutions
  • Professional services organizations, this may include auditors and law firms
Commercial information – this may include information about products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
  • Affiliates or subsidiaries
  • Data analytics providers
  • Internet service providers
  • Other Service Providers
  • Payment processors or financial institutions
  • Professional services organizations, this may include auditors and law firms
  • Advertising networks
Internet or other electronic network activity information – this may include browsing history, search history, and information regarding an individual’s interaction with an internet website, application, or advertisement.
  • Affiliates or subsidiaries
  • Data analytics providers
  • Internet service providers
  • Other Service Providers
  • Payment processors or financial institutions
  • Professional services organizations, this may include auditors and law firms
  • Advertising networks
Geolocation data
  • Affiliates or subsidiaries
  • Data analytics providers
  • Internet service providers
  • Other Service Providers
  • Professional services organizations, this may include auditors and law firms
Audio, electronic, visual, thermal, olfactory, or similar information
  • Affiliates or subsidiaries
  • Data analytics providers
  • Internet service providers
  • Other Service Providers
  • Payment processors or financial institutions
  • Professional services organizations, this may include auditors and law firms
Professional or employment-related information
  • Affiliates or subsidiaries
  • Data analytics providers
  • Internet service providers
  • Other Service Providers
  • Payment processors or financial institutions
  • Professional services organizations, this may include auditors and law firms
Non-public education information (e.g., transcripts that might be submitted by applicants)
  • Affiliates or subsidiaries
  • Internet service providers
  • Other Service Providers
  • Professional services organizations, this may include auditors and law firms
Inferences drawn from any of the information listed above
  • Affiliates or subsidiaries
  • Other Service Providers
  • Professional services organizations, this may include auditors and law firms
  • California Sensitive Information Disclosure. We collect the following categories of sensitive personalinformation (as defined under California law): account number and log-in, financial account informationand security code (credit card information provided to our payment processor), and geolocation dataThis information is collected in order to process transactions, comply with laws, manage our business, orprovide you with services. Note that we do not use such information for any purposes that are not identifiedwithin the California Privacy Rights Act Section 1798.121.

Effective Date: 5/1/2024

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