Privacy Policy and Notice

This policy describes how Otis S. Twilley Seed Co., Inc. (“Twilley”) collects, uses, and shares your information. When you use our sites, products, or services or otherwise form a relationship with us, we may obtain data from you and the devices you use to interact with us.

This policy is designed to provide transparency into our privacy practices and principles in a format you can navigate, read, and understand. 

We commit to treat your personal information with care and respect and give you methods to contact us should you have any questions or concerns about the use of your information.

Finally, you may have received additional privacy documentation from us when you used a specific site, product, or service from us.  In that case, the documentation you received should be read in conjunction with this Notice. 

This policy explains:

The Scope of this Policy

This Policy describes the processing of information provided or collected on our sites and applications where this privacy policy is posted. In some instances, we may provide additional data privacy notices specific to certain products, practices, or regions. Those terms should be read in conjunction with this policy.

If you provide information to us on a third-party site or platform, the information you provide may be separately collected by the third-party site or platform. That third-party site or platform’s privacy practices will govern the use of your information. Choices you make on that third-party platform will not apply to our use of the information we have collected through our sites, products, or services.

Your Privacy Rights

If you are a resident of certain states or countries, you may have the right to know, access, correct, transfer, restrict the processing of, opt-out  from certain types of processing (e.g., targeted advertising, the sale or sharing of personal information, as defined by the applicable state law(s)), and delete your personal information. If you choose to exercise any of these options, we will not discriminate against you for making that decision.

You may exercise your opt-out rights for targeted advertising and the sale or sharing of personal data by utilizing the consent banner on our website. Additionally, you can exercise your privacy rights by clicking the “Your Privacy Choices” link at the bottom of our website and select the applicable request, or by contacting us at customerprivacy@parkseed.com. When we receive a request to exercise a privacy right, we will review information we have collected about you (if any) with identifying information you may have provided us (such as a login, email address, mailing address, zip code, or transaction or order number) to authenticate your identity.  If you use an authorized agent to submit a request, we may require the authorized agent to provide proof that you gave the agent signed permission to submit the request. We may also require you to directly confirm with us that you provided the authorized agent permission to submit the request.

There may be situations where we cannot grant your request. In such a situation, we will explain our reasoning to you and will honor your right to appeal when applicable.

Information Collected or Processed

In the preceding 12 months, Twilley may have collected or processed the categories of personal information that are identified below. We generally collect the information listed below to secure, improve, and provide our services to our customers.

 Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.

 Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website application, or advertisement.

 Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Sources of Information

The sources from which personal information may have been collected or processed are the following: information that you provided to us, online tracking technologies, automatic data collection technologies, social media platforms and networks, business partners, etc. The purpose of such collection or processing include: providing our products and services, communicating with you, administering programs, marketing and promotional purposes (which may include targeted advertising), analytics and personalization, security and fraud prevention, legal obligations, core business functions, the job applicant process, etc.

How We Disclose Information

Twilley does not provide your personal information to other companies in exchange for money.  Some laws define the “sale” of information to mean Twilley has received something of value when it provides that information to a third party.  Under that definition, Twilley has Sold (for monetary or other valuable consideration) and Shared (for cross-context behavioral advertising purposes) your personal information in the last 12 months for the purposes of engaging in advertising and marketing activities. The categories of personal information we have sold or shared are the following: Identifiers, Commercial Information, and Internet or other similar network activity. The categories of recipients to whom we have sold or shared such personal information are the following: business and marketing partners.  We may disclose your information to our subsidiaries and affiliates, along with our service providers and third-party processors to provide services to you. We may also disclose your information with service providers and third parties when necessary to comply with laws and regulations; respond to subpoenas and court orders; exercise our legal rights or defend against legal claims; investigate, prevent, or take action regarding illegal activities, suspected fraud, potential threats to our property or the physical safety of any person, or violations of our usage instructions and applicable terms and conditions; facilitate the financing or insuring of our business or a disposition of all or part of our business or assets, or as otherwise permitted or required by law. We may disclose anonymized or aggregated data at our discretion, in accordance with applicable laws.

If you post your information or content to our online forums or media sites, this information is public on the Internet. We are unable to prevent or control further use of this information and refer you to the third-party sites’ privacy policies and terms of use to learn more about their privacy practices.

Your Controls and Choices

You can control how and when you want to receive marketing emails from Twilley by clicking on the “unsubscribe” link located at the bottom of our email communications to you.  This will not affect your receipt of administrative emails (for example, emails about your account, transactions, or policy changes) for your registered account.

Our Commitment to Protecting Information Belonging to Children

Our services are not intended for children under the age of 16. We do not knowingly collect information via our sites, products, and services from users under the age of 16. If you use our Services, you represent that you are at least the age of majority under the laws of the jurisdiction of your place of residence. If you believe your child has provided us with personal information, please alert us at customerprivacy@parkseed.com. If we learn that we have collected personal information from a minor, we will promptly take steps to delete such information and terminate the minor’s account.

Cookies and Other Technologies

Cookies are identifiers we transfer to your browser or device that allow us to recognize your browser or device. For simplicity, we call all tracking technology on our website, such as JavaScript software code and web beacons, cookies.  Those technologies use small pieces of data sent to your browser or mobile device by websites, mobile apps, and advertisements that you access or use. That data is stored on your computer or mobile device and helps websites and mobile apps remember things about you and improve your experience with the website.

Our vendors may utilize that data with other sources of information so we can advertise and market our products and services to you. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features.

We may contract with third-party vendors to work on our behalf and provide ads to our customers via the internet, direct mail, or catalogs. These third parties may collect information concerning visitors to our websites using cookies. 

You can manage your cookie preferences on our cookie banner that pops up when you first visit our website.

Global Privacy Control

Certain state laws require a universal opt-out mechanism or an opt-out preference signal as a method to honor your right to opt-out of the sale or share of personal data and targeted advertising. Currently, our websites utilize and recognize the Global Privacy Control to honor your opt-out rights as required by the universal opt-out mechanism or opt-out preference signal. If you would like to control the use of cookies and similar internet technologies on your computer, you can use web browsers listed with the Global Privacy Control tool built into them.  These browsers limit cookie technologies and how they work while you browse the internet.  You can find a list of browsers with the Global Privacy Control tool built into it here: https://globalprivacycontrol.org/#download.

The use of the website and web browsers located at the site above is at your own risk, subject to the agreements from those web browsers’ developers, and subject to their privacy policies.  Twilley does not accept any liability associated with your use of the website above or the content you may download from that website. 

Our Global Data Transfer Practices

We store and process your personal information on our servers located within the United States but may transfer your personal information to other countries outside of the United States for the purposes describe in this Privacy Policy. By using our websites, products, or services, you agree to the global transfer, process, and storage of your personal information.

Contacting Supervisory Authorities

If you would like to lodge a complaint against us, you may contact your local privacy regulator. If you have trouble locating a privacy regulator, please contact our privacy office at customerprivacy@parkseed.com and they will help you contact the appropriate enforcement agency.

How to Contact Us

If you have any questions about how we process your information, you can contact us at:

Email: customerprivacy@parkseed.com 

This policy was last updated on: February 24, 2026

Relationship-Specific Details

Web Users

Conditions of Sale and Special Notices — All Prices Subject to Change Without Prior Notice

NOTICE of ARBITRATION / CONCILIATION / MEDIATION REQUIRED BY SEVERAL STATES

Under the seed laws of several states, ARBITRATION, MEDIATION OR CONCILIATION IS REQUIRED as a prerequisite to maintaining a legal action upon the failure of seed to which this notice is attached to produce as represented. THE CONSUMER SHALL FILE A COMPLAINT (sworn for AR, FL, IN, MS, SC, TX, WA; signed only CA, ID, ND, SD) along with the required filing fee (where applicable) with the Commissioner/Director/Secretary of Agriculture, Seed Commissioner, or Chief Agricultural Officer within such time to permit INSPECTION OF THE CROPS, plants or trees by the designated agency and the seeds man from whom the seed was purchased. A COPY OF THE COMPLAINT shall be sent to the seller by certified or registered mail or as otherwise provided by state statute. •••• Contractual arbitration from all other states, Canada, Mexico and other foreign countries:STANDARD ARBITRATION CLAUSE. •••• Any controversy or claim arising out of or relating to the planting or use of any seed supplied by the Otis S. Twilley Seed Company Inc., the sales contract or the breach thereof, shall be settled by BINDING ARBITRATION in accordance with the commercial arbitration rules of the American Arbitration Association. •••• The Uniform Commercial Code as adopted in South Carolina shall govern all matters arising from the sale hereunder. •••• Any dispute not subject to arbitration and any action to enforce an arbitration award arising from the sale hereunder shall be brought and litigated in a court located in the county of Greenwood, SC, USA to the exclusion of the courts of any other county, state or country.

LIMITATION OF WARRANTY AND REMEDY

•••• 1. TWILLEY SEED CO. INC., to the extent required by law, warrants that the seeds, bulbs, or plants sold are as described on the container label and in its catalog within recognized tolerances. THIS EXPRESS WARRANTY EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. No other representations are made other than for identification purposes. Seller neither assumes, makes, nor authorizes any person to make any other representation or warranty on its behalf, or to assume for it any liability in connection with the sale or use of the items sold hereunder. •••• 2. It is further agreed that in the event of resale or transfer of any of the items sold hereunder by purchaser, SELLER DOES NOT ADOPT OR ASSUME ANY WARRANTIES EXPRESS OR IMPLIED GIVEN BY PURCHASER. Purchaser further agrees to defend, indemnify and hold harmless the seller against claims, actions, proceedings or other liabilities of any nature whatsoever, including strict liability or negligence of seller. •••• 3. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE TO PURCHASER OR ANY OTHER PERSON OR ENTITY, WHETHER BASED ON CONTRACT, ON THE UNIFORM COMMERCIAL CODE, ON NEGLIGENCE, OR ON ANY OTHER THEORY OF LIABILITY WHATSOEVER, FOR ANY AMOUNT IN EXCESS OF THE PURCHASE PRICE OF THE ITEMS SOLD HEREUNDER, NOR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER ANY AND ALL THEORIES OF LIABILITY AND REGARDLESS OF THE NATURE, CAUSE OR EXTENT OF THE LOSS OR DAMAGE SUSTAINED. •••• 4. It is presumed that purchaser will inspect the items sold hereunder within a reasonable time following receipt of shipment. No liability hereunder or otherwise shall be asserted against seller unless the purchaser or user reports any conditions that might lead to a complaint promptly to the seller following discovery of such conditions, but in no event to exceed 30 days. Failure to so inspect or promptly notify seller shall result in the waiver of purchaser's rights of recovery, and purchaser shall be deemed to have accepted the items sold and to have released seller from liability. 

LIMITATION OF REMEDY

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE PLANTING OR USE OF THIS SEED, THE SALES CONTRACT OR THE BREACH THEREOF, SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. •••• THE UNIFORM COMMERCIAL CODE AS ADOPTED IN SOUTH CAROLINA SHALL GOVERN ALL MATTERS ARISING FROM THE SALE HEREUNDER. •••• ANY DISPUTE NOT SUBJECT TO ARBITRATION AND ANY ACTION TO ENFORCE AN ARBITRATION AWARD ARISING FROM THE SALE HEREUNDER SHALL BE BROUGHT AND LITIGATED IN A COURT LOCATED IN THE COUNTY OF GREENWOOD SC USA TO THE EXCLUSION OF THE COURTS OF ANY OTHER COUNTY, STATE OR COUNTRY. •••• CONTRACTUAL, ARBITRATION FOR ALL OTHER STATES, CANADA, MEXICO AND OTHER FOREIGN COUNTRIES. STANDARD ARBITRATION CLAUSE.

IMPORTANT NOTICE, WAIVER AND RELEASE AGREEMENT CONCERNING ALL MELON SEED PURCHASED FROM OTIS S. TWILLEY SEED COMPANY, INC.

We advise you that the bacterial fruit blotch disease of watermelons appears in watermelon fields in many producing areas. This disease has been reported since its initial detection in1989. Losses from disease range from minor to 100% of marketable fruits. •••• The causal agent of fruit blotch disease appears related to Acidovorax avenae subsp. citrulli (syn.;Pseudomonas pseudoalcaligenes subsp. citrulli). The pathogen could be seed-borne from the original seed lot, or result from other host infection. The disease has attacked many varieties from different seed producers as well as other cucurbits. •••• Although new testing procedures are being sought, no known tests give 100% reliable results in the identification of any seed-borne watermelon fruit blotch infections. Public and private researchers, seed companies and growers are working to to improve identification, control and statistically reliable test procedures. •••• Work goes on to determine if some varieties of Watermelon, have resistance or tolerance to this disease. Work goes on to find how other cucurbits maybe affected. No varieties to date have been found with significant resistance. •••• Symptoms on young seedlings appear as dark water-soaked lesions on the lower surfaces of cotyledons or true leaves. These initial water-soaked lesions later turn necrotic and may have chlorotic halos surrounding the dead tissues. The lesions mostly appear on the hypocotyls of young seedlings and cause wilting and death in young plants. A later destructive disease phase causes fruit infections. Lesions appear as small, water-soaked areas on the topsurface of the fruits. Under high temperature and humidity, lesions enlarge rapidly across the surface of the fruits. Fruit decay often follows. This later disease cycle could lead to significant economica loss to the grower. •••• When the pathogen is carried in the seed, the early-phase lesions described above appear on young seedlings within 7 days after seedling emergence. If no symptoms are observed on young seedlings within three (3) weeks after emergence, it is unlikely that the bacterium is carried on the seed. Any subsequent infection is most likely from other sources. It is imperative that each grower inspect the young plants during this early stage, to determine the presence or absence of fruit-blotch symptoms and to mitigate any potential economic losses. •••• Caution: Symptoms on plants in the early stages of growth, especially symptoms caused by secondary infections, may not show on new foliage as the plants develop. The pathogen, however, may still be alive in infected tissues, and may infect the fruits if favorable conditions of temperature and humidity prevail. Do not retain plants that show symptoms at any time. •••• This notice is to inform you that this disease problem exists and has existed since 1989. The source of the disease could be seed-borne or host infection. Many areas and many varieties appear to have been affected. Accordingly, as a condition of sale of all melon seed sold by Otis S.Twilley Seed Company, Inc., the undersigned buyer hereby acknowledges that (he, she, it) has been informed regarding the risks associated with the potential presence of this disease,and hereby waives any right to present any claim and releases Otis S. Twilley Seed Company,Inc., its agents and suppliers, and their agents, from any claims relating to bacterial fruit blotch disease of melons with respect to all melon seed supplied by Otis S. Twilley Seed Company, Inc. The undersigned further agrees and acknowledges that all seed supplied by Otis S. Twilley Seed Company, Inc. is subject to Otis S. Twilley Seed Company, Inc.'s Standard Terms and Conditions of Sale appearing in its catalog, on its seed containers and in its contract documents. •••• As a further condition of sale for watermelon seed, the grower or user and/or transplant producer agrees that any seed or plants purchased from Otis S.Twilley Seed Company, Inc. will be produced or grown in accordance with "Guidelines for Control of Bacterial Fruit Blotch in Watermelon", as published by the National Watermelon Association, Inc., August 1996, including any subsequent amendments. •••• It is further agreed that in the event of resale or transfer by the undersigned of the seed sold hereunder,that Otis S. Twilley Seed Company, Inc. does not adopt or assume any warranties, express or implied, given by the undersigned. The undersigned further agrees to defend, indemnify and hold harmless Otis S. Twilley Seed Company, Inc. against any and all claims, actions, proceedings or other liabilities of any nature whatsoever relating to any such resold or transferred seed. •••• The undersigned expressly acknowledges that its exclusive and sole remedy against Otis S. Twilley Seed Company, Inc. is limited to a return of the purchase price of the seed, unless additional extended warranty coverage is purchased which provides optional remedies.