The Holden Arboretum and Affiliate DBA Holden Forests & Gardens (HF&G) takes the privacy protection of its website visitors, members and donors seriously. We respect your privacy and your choice not to have your personal information shared with other people. Your use of our websites: holdenarb.org, cbgarden.org, and holdenfg.org indicates your acceptance of this Privacy Policy.  The security of all personally identifying information associated with our users is of great concern to us.  Although perfect security does not exist in any transaction process online or in stores, each website has security measures in place to protect the loss, misuse and alteration of the information under our control.  Please be assured that we are constantly reviewing our security processes to keep up to date with the absolute highest levels of security encryption and service. 

Website Information

HF&G only collects personal contact information (such as names, addresses, email addresses and phone numbers) when users submit it voluntarily. To make our websites more useful to you, our server automatically collects information when you visit our site, such as, but not limited to, your IP address, date and time of your visit, pages viewed and clicks. We will not collect or track information that may identify you personally. 

Cookies 

A “cookie” is a small file sent from a web server to your browser and is stored on your computer’s hard drive when you visit certain websites.  Cookies help web surfing by saving visitor preferences and other information.  The use of cookies is a widespread industry standard and thus many major websites use cookies.   

Most web browsers are initially configured to accept and process cookies.  You can configure your browser to refuse cookies. We use cookies to customize content based on the pages you have reviewed. 

Mailing Address 

We occasionally make portions of our mailing lists available to other organizations as a way to attract new audiences. When we do this, we only share names and addresses. To opt out, please contact the Marketing Department at [email protected]

Third-Party Access 

Be advised that we use third-party vendors to provide services on our websites. The information that you submit may be provided to these vendors on a confidential basis so that they can provide services (such as maintaining our database, sending email messages, facilitating videoconferences and campaigns or processing credit card transactions) on our behalf. 

Children Under 13 
We have no way of distinguishing the age of individuals who access our website, and so we carry out the same Privacy Policy for individuals of all ages.  If a child has provided us with personally-identifying information without parental or guardian consent, the parent or guardian should contact us to remove the information and opt out of promotional opportunities or other applicable services. 

Terms of Use 

By using this website and its content, you agree to and acknowledge your acceptance of the following Terms of Use and applicable laws. By accessing and browsing this website you fully acknowledge and accept the following terms and conditions. 

Copyright 

Images, text, software, documentation, electronic text and image files, audio and video clips and other materials are the property of HF&G and will be protected by copyright laws and other restrictions. Furthermore, copyrights and other proprietary rights in the materials on this site may belong to individuals and entities other than HF&G. 

HF&G expressly prohibits the copying of any protected materials on this website, except for the purposes of fair use as defined by copyright law and as described below. This prohibition includes the downloading of site content for commercial use or for use on personal websites. 

Fair Use 

Fair use of copyrighted material includes the use of protected materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary and news reporting. Users who wish to download or print text and image files from the HF&G’s website for such uses must request permission by contacting [email protected].

Disclaimer 

The text, images and content on HF&G’s websites are provided “as is” without a warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular use and/or non-infringement. HF&G assumes no responsibility, and shall not be liable, for any damage or viruses that may infect your computer equipment or other property on account of your use of the site or your downloading of any text, images or content from the website. You acknowledge that if you rely on any information or content on the website, you do so solely at your own risk. 

Reprint Permission 

Anyone wishing to use any of the files or images contained on this website for publication or any purpose other than fair use as defined by law must request and receive prior permission from HF&G. The responsibility for determining whether any third-party rights exist and for obtaining all other necessary permissions remains solely with the user and HF&G will have no responsibility in connection with securing such rights for any materials on the website. Any other use, such as, without limitation, the use of an image for a commercial purpose, requires the prior written consent of HF&G, which may be granted or denied at HF&G’s sole discretion. The failure by HF&G to insist upon or enforce strict performance of any provision of the Terms of Use by you or others will not be construed as a waiver of any provision or right of HF&G or other entities’ rights. All requests must be submitted in writing to [email protected]

Updates 

HF&G reserves the right, at our discretion, to change, modify, add or remove portions of this Privacy Policy and Terms of Use at any time and will update this page to reflect the date of the last update. Please check this page periodically for changes. Your continued provision of information to us and/or use of services following the posting of changes to these terms will mean you accept those changes. The date of the last update is located at the bottom of this privacy policy. 

How You Can Update, Correct, or Delete Your Information or Contact Us For Any Other Reason  

 HF&G is committed to measures that protect the confidentiality and security of your information. If you have questions or concerns regarding your privacy or would like to be removed from our mailing lists, update your information or have a question, please contact HF&G. Call us at 216.721.1600, or by mail at: 

Holden Forests & Gardens 

Attn: Privacy Policy 

11030 East Blvd. 

Cleveland, OH 44106 

Additional rights based on location: 

California Residents 

Under California law, residents of California may request, once per calendar year, a list of all third parties to whom the company has disclosed certain personally identifiable information as defined under California law during the preceding year for third-party direct-marketing purposes.  If you or your child is a resident of California, please attest in your request to your or your child being a California resident and provide a current California address for our response.   

If you are a California resident and under the age of 18, and a registered user of this Website, section 22581 of the California Business and Professions Code permits you to request and obtain the removal of content that you have publicly posted.  Please note that your request will not ensure a complete removal of the content and that in some cases the statute may not require or allow removal even if requested. 

Notice About the European Union’s General Data Protection Regulations (“GDPR”)

You or your child may have certain rights under the European Union’s GDPR 2016/679.  The GDPR is a complex regulatory scheme, and we do not intend to provide every detail here.  If interested you should read the GDPR and the relevant guidance provided by the applicable authorities for a fuller explanation. 

The GDPR provides the right, where applicable, to (a) access, (b) publication, (c) erasure, (d) restrict processing, (e) object to processing, (f) data portability, (g) complain to a supervisory authority, and (h) withdraw consent. 

Where applicable, the GDPR provides you the right to confirm whether HF&G has processed your Personal Data (as defined in the GDPR) and to access those data, together with certain other information including the purposes of the processing, the categories of Personal Data concerned, and the recipients of the Personal Data.  Where applicable, and providing that we do not affect the rights and freedoms of anyone else, we will supply you with one copy of your Personal Data.  The first copy is free.  We may charge a reasonable fee for additional copies. 

Where applicable, the GDPR provides the rights to rectify any inaccurate Personal Data about you and, taking into account the purposes of the processing, to complete any incomplete data about you. 

In some circumstances the GDPR provides you the right to erase your Personal Data without undue delay, including when we no longer need the Personal Data for the purposes for which we collected or processed the Personal Data, if you withdraw your consent to consent-based processing, if you object to the processing of the Personal Data under certain rules of the GDPR, if the processing is for the purpose of direct marketing, and if the Personal Data have been unlawfully processed.  However, the GDPR provides exceptions or exclusions to the right to erase, including where the processing is necessary for the exercise of free expression and information, to comply with a legal obligation, or to establish, exercise, or defend a legal claim. 

In some circumstances the GDPR provides you the right to restrict the processing of your Personal Data, such as to contest the accuracy of the Personal Data, where the processing is unlawful but you oppose erasure, or when we no longer need the Personal Data for the purpose of our processing but you require Personal Data to establish, exercise or defend a legal claim, and you have objected to the processing pending the verification of that objection.  When processing has been restricted on this basis, we may continue to store your Personal Data.  But we will process your data otherwise only with your consent, to establish, exercise or defend a legal claim, or to protect another natural or legal person’s rights, or for reasons of important public interest.  

If applicable, the GDPR provides the right to object to our processing of your Personal Data on grounds relating to your situation, but only to the extent that the processing is necessary for a task carried out in the public interest or to exercise any official authority vested in HF&G, or for a legitimate interest pursued by HF&G or someone else.  If you object, we shall stop processing the Personal Data unless we can demonstrate compelling legitimate grounds to process the information that override your interests, rights and freedoms, or the purpose of the processing is to establish, exercise or defend a legal claim.  

You may object to our processing of your Personal Data for direct marketing purposes including profiling for direct marketing purposes.  If you notify us of such an objection, we shall stop processing your Personal Data for that purpose. 

You may object to our processing of your Personal Data for scientific or historical research or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for a task carried out in the public interest. 

If the legal basis for our processing your Personal Data is consent or that the processing is necessary to perform a contract to which you are a party, or in order to take steps at your request before entering into a contract, and such processing is carried out by automatic means, you have the right to receive your Personal Data from us in a structured, commonly used, and machine-readable format.  But this right does not apply when its application will adversely affect the rights and freedoms of others. 

If you believe that our processing of your Personal Data infringes any data-protection statute, rule or regulation, you may lodge a complaint with the appropriate authorities responsible for data protection.  If applicable, you may lodge that complaint in the European Union member state of your habitual residence, your workplace, or the place of the alleged infringement. 

To the extent that we base our processing of your Personal Data on your consent, you may withdraw that consent at any time.  But your withdrawal of that consent will not affect the lawfulness of any processing we do before your withdrawal. 

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