LAST UPDATED AND EFFECTIVE: September 4, 2024

1. Who Is Collecting Your Personal Data?

The Davey Tree Expert Company (“Davey Tree,” "us," "we," or "our") offers and maintains the website(s) located at www.cortesetree.com, including all subdomains and subparts, as well as our MyDavey Portal and social media accounts on Facebook, LinkedIn, Twitter, and other platforms (collectively, the “Site”). When you visit the Site, call or visit our offices, meet with our representatives, purchase or request our services, or otherwise interact or communicate with us, you may choose to provide us with personal data that identifies you. Information is one of the most powerful and valuable assets in business today. The Davey Tree Expert Company is accountable for the personal data in its custody, including any personal data that we transfer to third parties for processing, storage, or other purposes. This Privacy Policy explains how we collect, process, disclose and use your personal data, and it applies regardless of how you access the Site or provide your personal data to us. Please take time to read this Privacy Policy carefully. Please also review our Terms of Use. BY CHECKING THE BOX PROMPT BEFORE SUBMITTING DATA TO US YOU EXPRESSLY AGREE TO THE COLLECTION, USE, DISCLOSURE, RETENTION, AND DESTRUCTION OF YOUR PERSONAL DATA SUBMITTED TO US IN ACCORDANCE WITH THIS PRIVACY POLICY.

If you are a resident of certain states or a resident of the country of Canada, the section below titled “Your State and Canadian Privacy Rights” includes a description of your additional rights and our handling of your Personal Data. 

2. What Personal Data Do We Collect?

The amount and type of information that Davey Tree gathers depends on the nature of our interaction with you. In each case, Davey Tree collects information only insofar as is necessary or appropriate to fulfill the purpose of your interaction with us. For example, if you sign up for a Davey Tree account, we ask you to provide a username and email address. If you engage in a transaction with us, we ask you to provide personal and financial information required to process your transaction.  If you engage in a transaction with us through your employer, we also collect information about your affiliation and contact information with your employer.

We collect the following information that identifies you (“Personal Data”):

From you directly	Name Contact information, such as email address, address, telephone number Usernames and Passwords Time zone Information about your home or service location Your Servicing Office Payment information (including credit card numbers and other payment related financial account information) Your interactions, tendencies, and communications with Davey Tree (including content of your conversations, correspondence, and email messages to us, history of online inquiries and contacts with Davey Tree, interactions with sales representatives and customer contact records and notes) Audio, electronic, visual, or similar information, including recordings of your voice messages to our employees and video of your visits to our offices Customer Records and Purchase History (including paper and electronic invoices and purchase orders, details of your purchased or requested products/services and other customer records that contain Personal Data such as names, signatures, addresses, or employment information Employment Information (such as information about your employer, company, job titles, employment history, contact information)
From third parties such as public sources, lead generation services, social media, event organizers, trade organizations, and other commercially available sources	Name Contact information, such as email address, address, telephone number Time zone Information about your home or service location Data from your social media account, including name, handle, or identifier, email address, profile picture, public profile information
From the device or browser through which you access the Site using technologies such as cookies, web beacons, or widgets (“Log Data”)	Your internet protocol (“IP”) address Browser type Browser version Statistics on your activities on the Site (such as the date and time of visits, the pages viewed, time spent at the Site) Information about how you came to the Site Data collected through Cookies or other similar technologies, as discussed in more detail below  Much of this Log Data does not identify you personally. However, we may associate this Log Data with your Personal Data. When we do, we will treat any such combined data as Personal Data until such time as it can no longer be associated with you or used to identify you.

We may combine information that we receive from the different sources described above; for example, we may create a profile based on Personal Information provided directly from you and input information regarding your interaction history with sales representatives into that profile.

Davey Tree does not collect all of the above types of information in all cases. Davey Tree may also collect information in an anonymized or aggregate format (in a way that does not identify you) and which is not subject to this Policy. Davey Tree will not seek to collect certain types of sensitive or protected Personal Data from you, which includes but is not limited to your racial or ethnic origin, physical or mental health, religious beliefs, biometric information, status as transgender or nonbinary, or status as a victim of a crime.

3. What Is The Lawful Basis for Processing Your Personal Data?

We collect your Personal Data after receiving your explicit consent to do so. You provide this consent by checking the box prompt before submitting your data to us.

Our lawful basis for processing the Personal Information described in this Notice depends on the type of Personal Information and the specific context in which we collect it.

We will normally process your Personal Information from you only (1) where you have provided your consent for us to do so, (2) where we need the Personal Information to perform a contract with you or provide services or goods to you that you have requested, or (3) where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to process your Personal Information.

You are able to revoke your consent given to us for the use of your Personal Information at any time. Please note that even if you revoke your consent, we may continue to use your Personal Information if we have a separate lawful basis for doing so.

4. How Do We Use Your Personal Data?

We use your Personal Data in several ways including:

• to fulfill your product or service needs;
• to enable interactions between you and Davey Tree;
• to register your online account;
• to maintain our own accounts for billing and delivery;
• to advise you about products, services, offers, or events that may be of interest to you;
• for our own internal business purposes, such as to help us tailor our services to you and other customers, improve or evaluate the use, performance, and safety of our programs, systems and technologies, to evaluate and improve the quality of your user, customer or vendor experience, to design new products and services, to conduct data analysis and testing, and to maintain proper business and other relevant records;
• for legal, safety, or security reasons, such as to comply with legal requirements, to protect the safety, property, and rights of Davey Tree, those who interact with Davey Tree, and others, including in emergency situations, to enforce or apply our terms of use and other agreements, and to detect, prevent, and respond to security incidents or other malicious, deceptive, fraudulent, or illegal activity;
• to provide customer service to you, such as a service estimate; and
• for any other purpose that is compatible with the foregoing for which we have a legal basis or for which you provide consent.

In addition, we may share your Personal Data with third-party services and advertising networks, such as Google Display Network or Google Analytics, that collect, monitor, and analyze Log Data to deliver online behavioral advertising that serves ads to you on Davey Tree’s behalf on other sites throughout the Internet. Davey Tree has enabled the following Google Analytics features: Google Signals, Granular Location & Device Data Collection, and Advanced Settings for Ads Personalization. When you visit the Site, you will have an opportunity to manage these Google Analytics features in a banner at the bottom of your screen.  You may choose to accept all of the features, opt-out of all of the features, or manage your preferences to some level of usage of the features in between all or none. Note that if you disable, delete, or refuse to accept usage of the Google Analytics features, you may not be able to use some features of the Site and/or some of our pages might not display properly.

5. How Do We Disclose Your Personal Data?

While we seek to limit disclosure of your Personal Data, there are certain circumstances in which we may disclose or transfer your Personal Data to certain third parties to perform services on behalf of Davey Tree. By checking the box prompt before submitting your Personal Data to us, you expressly consent to our disclosing your Personal Data, as set forth below.

Disclosing Personal Data To Affiliates, Successors, and Agents

For purposes consistent with this Privacy Policy, we may disclose your Personal Data to:

• our parent companies, subsidiaries, and/or affiliates;
• successors who acquire your Personal Data if we sell, merge, reorganize, dissolve, or similarly change our ownership or corporate structure;
• other companies we engage to perform business-related functions, such as:
• vendors who provide services to our customers;
• vendors who provide services to us;
• third parties with whom we partner to do business;
• marketing agencies and analytics services;
• database and software service providers;
• backup and disaster recovery service providers;
• email service providers;
• payment processors;
• our insurance carriers; and
• professional service providers, such as consultants, attorneys, and accountants. 

We only disclose your Personal Data to companies that have agreed not to retain, use, or disclose it, except as necessary to perform services for us.  

Disclosing Data Through Social Media 

Davey Tree maintains social networking accounts and integrated tools on the Site that help us interact with you through social networking websites, such as Facebook, LinkedIn, YouTube, Instagram, Pinterest, and Twitter. We may also work with application developers who specialize in social commerce so you can connect to us, share your interests, express opinions about products and services, purchase our products and services, and generate interest in our products and services among members of your social networks. Using these integrated tools enables you to disclose your Personal Data to other individuals or the public, depending on the settings that you have established with social networking websites. If you use social networking website features integrated in the Site, we may collect or disclose the information you transfer to us, including your Personal Data.

If you do not want us to be able to access information about you, including Personal Data, from social networking websites, you must limit data collection and disclosure in the privacy settings on the Third Party Sites. We reserve the right to remove the Personal Data or other data of any person for any reason we, in our sole discretion, deem appropriate.

Legally Compelled Disclosure of Personal Data 

We may disclose your Personal Data if required to do so by law or in our good faith belief that such action is necessary to:

• comply with a legal obligation;
• protect or defend our rights, interests, or property, or that of third parties;
• prevent or investigate possible wrongdoing in connection with the Site;
• act in urgent circumstances to protect the personal safety of users of the Site or the public; or
• protect against legal liability. 

We collect the Personal Data described in the table below directly from you or from the sources listed in the table in Section 2 above and in this Section.

Category	Examples	Purposes	Disclosed to
Identifiers	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, or other similar identifiers.	Customer service or billing related purposes; marketing; other business purposes set forth in Section 3 above.	Davey Tree affiliates and employees; service providers; public or governmental authorities.
Consumer records information	Name, signature, address, telephone number, education, employment, employment history, Social Security number, driver's license number, passport number, bank account number, credit card number, debit card number, other financial information, Some personal information included in this category may overlap with other categories.	Customer service or billing related purposes; marketing; other business purposes set forth in Section 3 above.	Davey Tree affiliates and employees; service providers; public or governmental authorities.
Characteristics of protected classifications under California or federal law	Age, race, color, ancestry, national origin, citizenship, marital or familial status, medical condition, physical or mental disability, sex, veteran or military status, genetic information, and other similar information.	N/A	N/A
Commercial information	Records of personal property, products or services purchased, obtained or considered, or other purchasing or consuming histories or tendencies.	Customer service or billing related purposes; marketing; other business purposes set forth in Section 3 above.	Davey Tree affiliates and employees; service providers; public or governmental authorities.
Biometric information**	Fingerprints, facial or hand imagery, voice recordings, or keystroke patterns, and health or exercise data.	Security and fraud prevention **We may at a later date collect facial or fingerprint IDs from you on Davey Tree devices, and we would do so strictly for security and fraud prevention purposes. However, we have not collected this information from consumers.	Voice Recordings provided to third party phone relay service.
Internet or other similar network activity.	Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.	Customer service or billing related purposes; marketing; security and fraud prevention; other business purposes set forth in Section 3 above.	Davey Tree affiliates and employees; service providers; public or governmental authorities.
Geolocation data	Physical location or movements.	Security and fraud prevention.	Davey Tree affiliates and employees; service providers; public or governmental authorities.
Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	Customer service or billing related purposes; security and fraud prevention.	Davey Tree affiliates and employees; service providers; public or governmental authorities.
Professional or employment-related information.	Employer, employer contact information, and other employment-related information.	Customer service or billing related purposes; security and fraud prevention; marketing.	Davey Tree affiliates and employees; service providers; public or governmental authorities.
Non-public education information.	Education records about a student maintained by an educational institution or on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	N/A	N/A
Sensitive personal information.	Social security, driver's license, state ID, or passport number; racial or ethnic origin; biometric information; personal information concerning health, sex life, or sexual orientation; data concerning status as transgender or nonbinary, or status as a victim of a crime.	N/A	N/A

 

6. What Are Your Rights About The Processing Of Your Personal Data?

You always have a choice regarding the tools that you use and the information that you provide so that we can provide products and services that are of real value.

You have the right to consent or withdraw your consent to the processing of your Personal Data at any time, subject to exceptions defined by law. To opt-out of receiving emails, direct mail, catalogues, or other communications, please email us at privacy@davey.com with the phrase “Privacy Opt-out” in the subject line and specify what you would like us to do (for example, Change my mailing preferences). To stop email communications from us, you can also follow the unsubscribe instructions set forth at the bottom of our promotional e-mail messages. You may also access and correct some of your Personal Data by logging into your online account, if you have one.

If you choose to limit our use of your Personal Data, you may not have access to certain functionality of the Site. If you change your privacy preferences in the future, that will not limit the lawfulness of any processing performed based on your prior consent. You may have additional rights, under the laws of your jurisdiction, with which we comply.  

Your State and Canadian Privacy Rights

Residents of California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia, as well as residents of Canada, have the following additional rights: 

• Access: You have the right to access a copy of your Personal Data that we hold about you, upon receipt of a verified request.  
• To Know: You have the right to know whether we collected, sold, shared, or disclosed for a business purpose your personal information, with specific details. 
• Deletion: You have the right to delete your Personal Data, upon receipt of a verified request, with some exceptions. 
• Correction: You have the right to direct, subject to the use of commercially reasonable efforts, the correction of inaccurate personal information that we have collected about you. 
• Equal Treatment: You have the right to equal treatment regardless of your exercise of your privacy rights.  
• No Profiling: You have the right to not be profiled in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah). 
• Opt-Out: You have the right to opt-out of the sale of your Personal Data at any time. You have the right to opt-out of the sharing of Personal Data for purposes of targeted or cross-context behavioral advertising (excluding Iowa).  
• Limit Use of Sensitive Personal Data: You have the right to opt out of or require consent to the use of sensitive Personal Data for the purposes of inferring characteristics about you. Davey Tree does not collect sensitive Personal Data about you for the purpose of inferring any characteristics about you. 

Nevada provides its residents with a limited right to opt-out of certain personal information sales. [However, please know we do not currently sell data triggering that statute's opt-out requirements.] 

Oregon provides its residents with a right to request a list of specific third parties (but not processors) with whom we share Personal Data. 

The exact scope of these rights may vary by state. To exercise any of these rights please see the Section “How to Exercise Your Rights Concerning Your Personal Data” below. 

How To Exercise Your Rights Concerning Your Personal Data

To exercise any of your rights, you or your authorized agent may call us at 1-800-445-8733 or email us at privacy@davey.com.  Before we may fulfill a request to access, correct, or delete your information, we are required to verify your identity.  We will ask you to verify, at a minimum, your name , address, email address, or telephone number.   When providing us this information, you represent and affirm that all information provided is true and accurate. If we are unable to verify that the consumer submitting the request is the same individual about whom we have collected Personal Data, or an authorized agent, we may contact you for more information, or we may not be able to meet your request.  Only you, or an agent legally authorized to act on your behalf, may make a verifiable request related to your Personal Data. If you are making a request as the authorized agent of a consumer, we will ask you also submit reliable proof that you have been authorized in writing by the consumer to act on such consumer's behalf.

We will make every effort to respond to your request within 45 days from when you contacted us. If you have a complex request, we may require up to 90 days to respond. We may contact you within 45 days from the date you contacted us to inform you if we need more time to respond.

We offer links to opt out of the sale or sharing of Personal Data or to limit the use or disclosure of Sensitive Personal Data, which are available at links.   

Personal Data does not include: publicly available information; de-identified, aggregated consumer information; or information excluded from the scope of California privacy law, such as health or medical information covered by the Health Information Portability and Accountability Act (HIPAA) or personal information covered by certain sector-specific privacy laws, such as the Fair Credit Reporting Act (FCRA).

7. How We Secure Your Personal Data?

Davey Tree has security measures in place to help protect your Personal Data. We secure your Personal Data by: keeping Personal Data up to date; storing and destroying it securely; using industry standards to protect Personal Data from loss, misuse, unauthorized access and disclosure, alteration, and destruction; and ensuring that appropriate technical measures, such as encryption, are in place to protect Personal Data. For example, when we collect credit card data, that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to Personal Data. Our computer servers are kept in a secure environment.

However, no network, server, database, or Internet or e-mail transmission, is ever fully secure or error free. Therefore, you should take special care in deciding what Personal Data you send to us electronically.

8. How Long Will We Keep Your Personal Data?

We will retain your personal data as long as necessary to carry out the function for which you provided it to us, including maintenance of your account. You may close your account, unsubscribe to emails, and otherwise limit our use of your Personal Data by contacting us. However, we may retain your Personal Data for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Data, it may persist on backup or archival media for an additional period of time, until such media is restored to an active system, next accessed, or otherwise used.

9. How Do We Use Cookies?

Davey Tree uses cookies to track information on your browsing history on the Site.

What Are Cookies?

A cookie is a piece of information that is placed on your web browser or device when you access and/or use the Site or view advertisements. Cookies store text and can later be read back by the Site or third parties. Cookies can remember the information you access on one webpage to simplify your subsequent interactions with the Site or to use the information to streamline your transactions on related web pages.

What Do You Use Cookies For?

We use cookies to recognize your browser and you as a unique visitor to the Site through an anonymous unique identifier. We use cookies to:

• monitor and analyze how you use the Site;
• remember your preferences to make your online experience easier and more personalized;
• route Site traffic to effectively distribute the Site workload across servers; and
• test new features. 

Third-party vendors may pool the information that they collect from our Site with other sources of information, which may include your name and mailing address, for purposes of determining whether you might be interested in receiving direct mail or a catalog. We may use cookies placed by third parties to deliver focused online banner advertisements to you both on and off the Site.

How You Can Manage Cookies

When you visit the Site, you will have an opportunity to manage cookies in a cookie banner at the bottom of your screen.  You may choose to accept all cookies, opt-out of all cookies, or manage your cookie preferences to some level of cookies in between all or none.  Note that if you disable, delete, or refuse to accept cookies, you may not be able to use some features of the Site and/or some of our pages might not display properly.

10. What Data Is Not Covered By The Privacy Policy?

The limitations in and requirements of this Privacy Policy do not apply to:

• Third-Party Sites: The Site may contain links to other websites not operated or controlled by us (“Third Party Sites”). DAVEY TREE IS NOT RESPONSIBLE FOR THE POLICIES AND PRACTICES EMPLOYED BY, OR THE CONTENT OF, THIRD-PARTY SITES. We provide such links only as a convenience and the inclusion of a link on the Site does not imply endorsement of the linked site by Davey Tree. If you provide Personal Data through any such Third Party Site, your Personal Data may be collected by the third party and controlled by the privacy policy of that third party. We suggest contacting those sites directly for information about their privacy policies and practices.
• Deidentified Data: Any non-personally identifiable data we collect, including, without limitation, Log Data, domain names of your Internet Service Provider, your approximate geographic location, a record of your usage of the Site, the time of your usage, and aggregated personally identifiable information, but only to the extent the foregoing cannot be used to specifically identify you.
• Aggregated Personal Data: Any aggregated Personal Data that can no longer be used to identify you will be treated as non-personally identifiable data under this Privacy Policy. 
• Employees/Contractors/Applicants: This Privacy Policy does not apply to Personal Data of employees, contractors, job applicants, or their dependents, of Davey Tree.

11. We Do Not Collect The Personal Data of Children

We do not intentionally or knowingly collect any Personal Data from children under the age of eighteen (18), nor do we target our emails to them. Children under the age of eighteen (18) should not submit any Personal Data through the Site. We encourage parents and legal guardians to monitor their children's use of the Internet and instruct them to never provide Personal Data through the Site. If you believe a child under the age of eighteen (18) may have provided Personal Data to us through the Site, please contact us at privacy@davey.com, and we will use reasonable efforts to delete it from the Site and our files. 

12. International Privacy Laws

If you are visiting the Site from outside the United States, please be aware that you are sending information (including Personal Data) to the United States where our servers are located. That information may then be transferred within the United States or back out of the United States depending on the type of information and how it is stored by us. We will hold and process your Personal Data in accordance with privacy laws in the United States and this Privacy Policy. Please note that privacy laws in the United States may not be the same as, and in some cases may be less protective than, the privacy laws in your country, and while in the United States Personal Data may be subject to lawful access requests by government agencies. 

13. What If We Change This Privacy Policy?

To reflect changes in our business, legal or regulatory obligations  and practices we may occasionally make changes to this Privacy Policy and will review this Privacy Policy for any such necessary changes at least every twelve (12) months. If we wish to use your Personal Data for a new purpose not covered by this Privacy Policy, we will make available to you a new Privacy Policy explaining this new use prior to commencing the processing of your Personal Data pursuant to the new Privacy Policy and setting out the relevant purposes and processing conditions. If we change this Privacy Policy, your checking the box prompt before submitting Personal Data to us will signify your express consent to new uses of your Personal Data.

14. How You Can Resolve A Privacy Dispute With You?

If you have a complaint about this Privacy Policy or our privacy practices, we will work with you in an attempt to resolve your complaint. Please contact us at privacy@davey.com.  Please also refer to the arbitration procedures described in the Dispute Resolution section of the Site’s Terms of Use. BY CHECKING THE BOX PROMPT BEFORE SUBMITTING YOUR PERSONAL DATA TO US, WE EACH AGREE TO SETTLE DISPUTES ONLY BY NON-CLASS, INDIVIDUAL ARBITRATION, INSTEAD OF SUING IN COURT (EXCEPT CERTAIN SMALL CLAIMS). THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, LIMITED DISCOVERY RIGHTS, AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS STATED IN THE AGREEMENT, AS A COURT WOULD. To initiate an arbitration proceeding, you must send us a notice of your complaint that includes a written statement of your name, address, and contact information, the facts giving rise to your complaint, and the relief you are requesting (the “Dispute Notice”). The Dispute Notice must be addressed to: The Davey Tree Expert Company, 1500 N. Mantua Street, Kent, OH 44240, and sent to us by certified mail as described in the Dispute Resolution section of the Site’s Terms of Use. If we do not reach an agreement to resolve your privacy complaint within sixty (60) days after we receive your Dispute Notice, you may commence an arbitration proceeding under the Dispute Resolution section of the Site’s Terms of Use.

15. How You Can Contact Us

If you have any questions about this Privacy Policy, our practices, or your dealings with us, or to exercise any and all of your rights, please contact us at:

The Davey Tree Expert Company 
1500 N. Mantua Street 
Kent, OH 44240 
privacy@davey.com

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