Terms & Conditions

Last Updated: March 12, 2023

This Privacy Policy explains how information about you is collected, used and disclosed by www.SmartPots.com, www.Treebag.com and High Caliper Growing LLC. This Privacy Policy applies to information we collect when you use our websites, mobile apps, retail stores, and online products and when you otherwise interact with us.We may change this Privacy Policy from time to time. If we make changes, we will revise the date at the top of the policy and we may provide an additional notice, such as adding a statement to our homepage or sending you a notification. We encourage you to review the Privacy Policy regularly to stay informed about our information practices and the choices available to you.For information about the choices we offer, please see below. If you are a California resident, please see the section below titled “California Customers”.

Collection of Information

Information You Provide to Us:

We collect information you provide directly to us. For example, we collect information when you create an account, update your profile, post a review, participate in any interactive features, fill out a form or survey, join and participate in a loyalty program, join a text message marketing program, participate in a contest or promotion, make a purchase, communicate with us via third party social media sites, request customer support, or otherwise communicate with us. Under some circumstances, you may choose to provide sensitive personal information to High Caliper Growing. The types of information we may collect about you include your name, password, email address, social media user-names and handles, postal address, phone number, birthday, gender, interests, preferences, photos, videos, product reviews, health information, payment information, text messaging, call transcripts, and email history as well as any information included in those messages, and any other information you choose to provide. Certain information that you elect to provide to us, like product reviews and associated fit information, will be publicly displayed on our websites.

Information We Collect Automatically When You Use Our Services:

When you use our services, we automatically collect certain information, including:

Transaction Information: We collect information in connection with each transaction you engage in or consider via our services, including product details, purchase price and other transaction details.
Log Information: We collect log information, including the type of browser you use, access times, pages viewed, product interactions, your IP address and the page you visited before navigating to our services.
Device Information: We collect information about the mobile device you use to access our mobile apps, including the hardware model, operating system and version, unique device identifiers and mobile network information.
Location Information: We may collect precise location of your mobile device via our mobile apps in accordance with the permission process established by your mobile device operating system. We may also collect the approximate location of your device based the devices IP address.
Stored Information: We may access information you have stored on your mobile device via our mobile apps in accordance with the permission process established by your mobile device operating system. For example, with your permission, we may access photos or videos from your mobile device photo gallery.
Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information from the computer or device you use to access us, including cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us see which areas and features of our services are popular and count visits. Cookies enable personalization of your experience when you browse our site or receive marketing emails or texts from us (i.e., shopping cart reminders). Web beacons are electronic images that may be used in our services or emails and help deliver cookies, count visits, and understand usage and campaign effectiveness. One of the technologies we use in our Services is Google Analytics. For more information about how Google processes information in connection with Google Analytics, please see https://policies.google.com/privacy.

Information We Collect From Other Sources

We may also obtain information from other sources. For example, we may collect information about you from other sites that sell our products, from other users, such as individuals who send you a gift from us, from social networks in accordance with their authorization procedures, or from third party providers that tie together multiple data points to gain additional information to create a unified customer view. Through third-party providers, we may also collect your email address via cookies and pixels on our websites and combine your email address with other information those third-party providers have access to (such as mailing address) so that we may serve relevant marketing offers to you via email or direct mail. We may collect product reviews you posted on third-party websites and redisplay those reviews on our websites. We do not have control over these third-party websites, and you should review the privacy practices of third parties where you choose to submit a review.

Information We Infer:

We may derive information or draw inferences about you based on information we collect about you. For example, based on your browsing or purchases, we may infer your gender, your interest in certain activities or brands, or information about your purchasing activities over time.


We use information about you as follows:

  • Provide, maintain and improve our services;
  • Provide and deliver the products and services you request, process transactions and send you related information, including confirmations and invoices;
  • Send you technical notices, updates, security alerts and support and administrative messages;
  • Respond to your comments, questions and requests and provide customer service;
  • Communicate with you about products, services, offers, promotions, rewards, and events and other news and information we think will be of interest to you;
  • Monitor and analyze trends, usage and activities;
  • Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of both you and High Caliper Growing;
  • Personalize and improve your experience;
  • Personalize the advertisements you see on third-party platforms and websites.
  • Facilitate contests, sweepstakes and promotions and process and deliver entries and rewards;
  • Link or combine with other information we collect about you; and.
  • Carry out any other purpose described to you at the time the information is collected.


We may disclose information about you as follows or as otherwise described in this Privacy Policy:

  • With third parties with whom we sponsor events if you consent to such disclosure;
  • When you participate in interactive features on our Services, information about you may be displayed publicly on our Services and on other sites or online services, including your photos, videos, posts, product feedback and other information you choose to provide;
  • With vendors, consultants, marketing partners, and other third party providers who need access to such information in connection with services they perform for us and who are subject to contractual obligations regarding their use of the information;
  • In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation or legal process
  • In response to requests from public and governmental authorities.
  • To enforce a contract with us or allow us to pursue available remedies or limit the damages we may sustain;
  • If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of High Caliper Growing;
  • In connection with, or during negotiations of, any merger, sale of High Caliper Growing assets, financing or acquisition of all or a portion of our business by another company; and
  • With your consent or at your direction.

We may also disclose aggregated or de-identified information that cannot reasonably be used to identify you.


We may offer third-party social sharing features and other integrated tools, such as the Facebook Like button, which let you share actions you take with us with other media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

High Caliper Growing may offer other integrated tools, which let you interact with third parties to track your orders, enter social media contests, or consider and accept offers from other companies. When you interact with an integrated tool, you will see the third party’s name, terms, and privacy policy in the integrated landing page or module. For more information about the purpose and scope of data collection and processing in connection with these other features, please visit the privacy policies of the third parties providing the features.


We use reasonable security measures designed to protect information about you from loss, misuse and unauthorized access, disclosure, alteration and destruction. Unfortunately, no online activity can be guaranteed as 100% secure. While we strive to protect your information against unauthorized use or disclosure, we cannot ensure or warrant the security of any information you provide. We do not accept liability for unintentional disclosure.


We allow others to provide analytics services and serve you advertisements on our behalf. These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Services and other websites and apps. The information collected includes your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked and conversion information. This information may be used by High Caliper Growing to analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests. You may opt out of cookie-based data sharing with ad targeting providers by contacting us. In addition, your device may include a feature that allows you to opt out of having certain information collected through mobile apps used for behavioral advertising purposes.We may also work with other websites or platforms (such as Facebook) to serve ads to you as part of a customized campaign. Please refer to the settings of those other websites or platforms for information about any choices they offer in connection with the delivery of interest-based ads.


High Caliper Growing is based in the United States and the information we collect is governed by U.S. law and the laws of the State of Oklahoma, USA. By accessing or using our services or otherwise providing information to us, you consent to the processing, transfer, and storage of information in and to the U.S. and other countries, where you may not have the same rights and protections as you do under local law.


Location Information

If you initially consent to our collection of precise location information via any of our mobile apps, you should be able to modify this choice by changing the preferences for those apps on your mobile device. We do not collect precise location information even if the permission process established by your mobile device operating system may allow such collection. You may also stop our information sharing via our mobile apps by following the standard uninstall process to remove all of our mobile apps from your device.

Revoking Other Mobile App Permissions

Your mobile device operating system may provide you with the ability to discontinue our access to the information described in the Stored Information section of this policy via our mobile apps. You may also stop our collection of this information by following the standard uninstall process to remove all of our mobile apps from your mobile device.


You may opt out of cookie-based data sharing with ad targeting providers by contacting us. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our site.

Promotional Emails

You may opt out of receiving promotional emails by contacting us. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

Promotional Calls

With your consent, you may receive promotional calls from us. You may opt out of receiving these communications by letting us know during one of those calls. If you have consented to promotional calls, you may also be able to adjust your communications preferences for calls by contacting us.

Promotional Texts

With your consent, you may receive recurring automated marketing text messages from High Caliper Growing, including text messages that may be sent using an automatic telephone dialing system. Consent to receive automated marketing text messages is not a condition of any purchase. You can opt out of receiving further marketing text messages by responding to any of our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. Our text messaging platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE, OR QUIT commands.

Direct Mail

You may receive catalogs and other print mail pieces from us. You may opt out of receiving direct mail marketing by contacting us.

Mobile Push Notifications

With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these notifications at any time by changing the notification settings on your mobile device.


Each state may have individual laws concerning notifications. High Caliper Growing will respect all state laws. Contact us to opt out of this feature.

We do not process personal information for the purpose of profiling. We do not sell personal information for money.

California Consumers:

The California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA) and the Shine the Light law afford California residents certain rights with respect to their personal information. If you are a California resident, this section applies to you.


In the last 12 months, we collected the following categories of personal information: identifiers (such as name and contact information), characteristics of protected classifications (such as age and gender), commercial information (such as products purchased), internet or other electronic network activity information (such as browsing behavior), geolocation data (such as if permitted for collection via one of our mobile apps), audio, electronic, visual or similar information (such as profile pictures or customer support call information), and inferences we make (such as preferred activities). For more details about the personal information we collect, including the categories of sources, please see the Collection of Information section above. We collect this information for the business and commercial purposes described in the Use of Information section above.

Categories of personal information we collect:

  • Identifiers (such as name and contact information)
  • Characteristics of protected classifications (such as age and gender)
  • Commercial information (such as products purchased)
  • Internet or other electronic network activity information (such as browsing behavior)Geolocation data (such as if permitted for collection via one of our mobile apps)

High Caliper Growing does not collect or process sensitive personal information for the purpose of inferring characteristics about you. Nor do we use, or disclose to a service provider or contractor, sensitive personal information for purposes other than what the CPRA authorizes.

Parties with whom information may be disclosed:

  • Financing and payment processors and services providers
  • Order and fulfillment services providers
  • Customer support services providers
  • Events services providers
  • Customer feedback services providers
  • Data analytics providers
  • Cloud storage providers
  • Software development services providers
  • Fraud prevention services providers
  • Identity verification services providers
  • Marketing services providers
  • Personalization and user experience partners
  • Advertising partners
  • Developers of mobile apps you use
  • Third parties when compelled by law, such as to law enforcement or other governmental authorities

Sales or Sharing of Personal Information:

California law requires that we provide transparency about scenarios in which we share personal information with third parties in exchange for valuable consideration or for certain marketing. We do not sell your personal information for money. Instead, like many retailers, we sell and share personal information to certain third parties to market and advertise our products to you and to curate and grow our catalog audience.

We may share identifiers, such as your email address, postal address and other online identifiers, with advertising networks and print catalog marketing partners, and electronic network activity information, such as browsing behavior, to advertising networks.

If you wish to opt out of these shares, please contact us.
We do not knowingly sell or share personal information about consumers under the age of 16.

Rights of California Residents:

Subject to certain limitations and exceptions, the CPRA also provides California residents the right to request (1) to know more details about the categories or specific pieces of personal information we collect, use, disclose and sell/share, (2) deletion of their personal information, and (3) to not be discriminated against for exercising these rights., (4) that we correct inaccurate personal information; and (5) to opt out of the sale/share of personal information, as discussed above.

If we receive your request from an authorized agent, we may ask for evidence that you have provided such agent with a power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf. If you are an authorized agent seeking to make a request, please email us.

Financial Incentives:

We offer various financial incentives. For example, we provide discounts and other benefits and we may offer you a discount if you sign up for our email newsletters or participate in some surveys we offer. When you participate in a financial incentive, we collect personal information from you, such as identifiers like your name and email address and commercial information like your purchasing habits. You may opt into a financial incentive by following the instructions provided at sign-up, and you may withdraw from the incentive at any time by emailing us.

Shine the Light:

California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. Under the law, a business must either provide this information or permit California residents to opt in to, or opt out of, this type of sharing. If you would like to opt out of such sharing, please contact us.


Except as otherwise permitted or required by law, we will only retain your personal information for as long as necessary to fulfill the purposes for which we collected it, as required to satisfy any legal, accounting, or reporting obligations, or as necessary to resolve disputes. To determine the appropriate retention period for personal information, we consider our statutory obligations, the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information, and whether we can achieve those purposes through other means. Under some circumstances we may anonymize or de-identify your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified information for any business purpose without further notice to you or your consent.

Contact Us:

If you have any questions about this Privacy Policy, please contact us at High Caliper Growing, 7000 N. Robinson, Oklahoma City, OK 73116, USA. E-mail us at [email protected]. Call us at (405) 842-7700.