Privacy Policy 

Black Hill Landscaping 

Terms & Conditions — Black Hill Landscaping 

Effective Date: [EFFECTIVE DATE] 

1. Agreement to Terms 

By accessing our website at blackhilllandscaping.com, requesting an estimate, scheduling services, or engaging Black Hill Landscaping to perform any work, you agree to be bound by these Terms & Conditions (“Terms”). If you do not agree with any part of these Terms, you should not use our website or engage our services. 

These Terms constitute a legally binding agreement between you (“Client,” “you,” or “your”) and Black Hill Landscaping (“Black Hill,” “we,” “us,” or “our”), a landscaping company operating in the State of Texas. 

These Terms apply to all services we provide and all use of our website. Any separate written service agreement or contract signed by both parties will supplement these Terms; in the event of a conflict between a signed service agreement and these Terms, the signed service agreement will control. 

2. Services Provided 

Black Hill Landscaping provides commercial and residential landscaping services in the greater Fort Worth area. Our services include, but are not limited to: 

Commercial Services 

• Landscape maintenance 

• Commercial mowing and edging 

• Commercial fertilization and weed control 

• Commercial irrigation system installation, repair, and maintenance 

• Tree and shrub care 

• Seasonal color and plantings 

Residential Services 

• Landscape design and installation 

• Fertilization and weed control 

• Irrigation and sprinkler system installation, repair, and maintenance 

• Tree and shrub care 

• Mulching 

• Flower bed maintenance 

• Lawn aeration 

• Sod installation 

• Seasonal color 

• Drainage and erosion control 

• Hardscaping (patios, retaining walls, walkways, and similar structures) 

Please note: Residential services do not include weekly lawn mowing, edging, or routine lawn maintenance. Commercial mowing is available for commercial properties under a maintenance agreement. 

The specific scope of work for your property will be described in your estimate, proposal, or service agreement. We reserve the right to modify the services we offer at any time. 

3. Estimates, Pricing & Payments 

3.1 Estimates and Quotes 

All estimates and quotes are provided in good faith based on the information available at the time of inspection or consultation. Unless otherwise stated in writing: 

• Estimates are valid for **thirty (30) days** from the date they are issued. 

• After 30 days, pricing may be subject to change due to material costs, labor availability, or changes in property conditions. 

• An estimate is not a binding contract until you accept it in writing (including by email or electronic signature) and we confirm acceptance. 

3.2 Pricing Adjustments 

We reserve the right to adjust pricing in the following circumstances: 

• Actual site conditions differ materially from what was described or visible during the initial assessment. 

• You request additional work or changes to the agreed scope. 

• Material or supply costs increase significantly between the date of the estimate and the date of service. 

We will notify you of any pricing changes before performing additional work and obtain your approval. 

3.3 Deposits 

Certain projects — particularly installations, hardscaping, and large-scale landscape design work — may require a deposit before work begins. The deposit amount will be specified in your estimate or service agreement. Deposits are applied toward the total project cost. 

3.4 Payment Terms 

Unless otherwise specified in your service agreement: 

• Invoices are due upon receipt or within the timeframe stated on the invoice. 

• We accept payment by check, credit card, ACH transfer, or other methods as communicated. 

• For recurring maintenance contracts, payment is due on the billing cycle specified in your service agreement. 

3.5 Late Payments 

If payment is not received within fifteen (15) days of the invoice date: 

• A late fee of **1.5% per month** (or the maximum rate permitted under the Texas Finance Code, whichever is less) will be applied to the outstanding balance. 

• We reserve the right to suspend all services until your account is brought current. 

• You are responsible for any collection costs, including reasonable attorney’s fees, incurred in the collection of overdue amounts, as permitted under Texas Business & Commerce Code Section 38.001. 

3.6 Suspension for Non-Payment 

If your account remains past due for more than 15 days, we may, at our sole discretion: 

• Suspend all ongoing and scheduled services without further notice. 

• Decline to schedule new services until the balance is paid in full. 

• Report the delinquency to credit reporting agencies. 

Suspension of services does not relieve you of your obligation to pay the outstanding balance plus any applicable late fees. 

4. Scheduling and Property Access 

4.1 Scheduling 

We will make reasonable efforts to perform services on the scheduled date and time. However, scheduling is subject to change due to weather, equipment availability, crew safety, or other operational factors. We will notify you of significant scheduling changes as soon as practicable. 

4.2 Property Access 

By scheduling services, you grant Black Hill Landscaping and its employees, subcontractors, and agents permission to enter your property as necessary to perform the agreed-upon work. This includes access to front yards, back yards, side yards, driveways, and any other areas relevant to the scope of work. 

You are responsible for: 

• Ensuring we have clear and safe access to the work area. 

• Securing pets and removing personal property, vehicles, or obstacles from the work area before our arrival. 

• Providing gate codes, keys, or other access information as needed. 

• Notifying us of any changes to access arrangements (e.g., new locks, gate codes, construction). 

4.3 Inability to Access 

If our crew arrives at the scheduled time and cannot access the property or work area due to circumstances within your control (locked gates without notice, unsecured animals, blocked access, etc.), we reserve the right to charge a trip fee as specified in your service agreement. 

5. Property Conditions & Client Disclosure 

5.1 Your Responsibility to Disclose 

Before work begins, you must inform us in writing of any known conditions on or affecting your property that could impact our ability to perform services safely and effectively, including but not limited to: 

• Underground utilities: Gas lines, electrical lines, water lines, sewer lines, fiber optic cables, or any other buried infrastructure. 

• Irrigation systems: The location and layout of sprinkler heads, drip lines, valves, control wiring, and irrigation piping. 

• Septic systems: The location of septic tanks, drain fields, and related components. 

• Property boundaries: Survey markers, easements, and property line disputes. 

• Environmental hazards: Known contamination, asbestos, lead paint, unstable soils, flooding history, or drainage issues. 

• Deed restrictions and HOA rules: Any homeowner association rules, deed restrictions, or local ordinances that may affect the type of work we can perform or the materials we can use. 

• Recent or ongoing construction: Any recent excavation, construction, or utility work that may have altered subsurface conditions. 

5.2 Utility Locate Requests 

While we will take reasonable precautions and, where appropriate, request utility locates through Texas 811 (the state’s “Call Before You Dig” service), you remain responsible for disclosing the location of private utilities and any infrastructure not covered by the Texas 811 system. 

5.3 Liability for Undisclosed Conditions 

Black Hill Landscaping is not liable for damage to underground utilities, irrigation systems, septic systems, or other property features that you failed to disclose or that were not accurately marked. Repair costs for damage to undisclosed or unmarked infrastructure will be the responsibility of the property owner. 

6. Force Majeure 

Neither party shall be considered in breach of these Terms, or liable to the other party, for any delay or failure in performance caused by circumstances beyond that party’s reasonable control. Force majeure events include, but are not limited to: 

• Severe weather, storms, flooding, drought, freeze, or other adverse weather conditions 

• Natural disasters (tornadoes, hurricanes, earthquakes, wildfires) 

• Pandemics, epidemics, or public health emergencies 

• Government orders, regulations, embargoes, or sanctions 

• Supply chain disruptions, material shortages, or significant cost increases for materials 

• Labor shortages, strikes, or workforce disruptions 

• Utility failures (water restrictions, power outages) 

• Acts of war, terrorism, or civil unrest 

In the event of a force majeure occurrence, the affected party will notify the other party as soon as reasonably possible. Project timelines will be extended by the duration of the force majeure event, and we will resume work as soon as conditions safely permit. 

If a force majeure event continues for more than ninety (90) days, either party may terminate the affected service agreement by providing written notice, and neither party will have further liability to the other except for payment of services already rendered. 

7. Limitation of Liability 

7.1 Liability Cap 

To the fullest extent permitted by Texas law, Black Hill Landscaping’s total liability to you for any and all claims arising out of or related to our services, whether based on contract, tort (including negligence), strict liability, or any other legal theory, shall not exceed the total amount you have paid to Black Hill Landscaping for the specific service giving rise to the claim during the twelve (12) months immediately preceding the event that caused the damage. 

7.2 No Consequential Damages 

In no event shall Black Hill Landscaping be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: 

• Loss of profits, revenue, or business opportunities 

• Loss of use or enjoyment of property 

• Diminution in property value 

• Cost of replacement landscaping performed by a third party 

• Emotional distress 

This limitation applies even if we have been advised of the possibility of such damages. 

7.3 Time Limitation on Claims 

Any claim arising from our services must be reported to us in writing within thirty (30) days of the date you discover, or reasonably should have discovered, the issue. Failure to provide timely notice may limit or bar your claim. In any event, no claim may be brought more than one (1) year after the service was performed, regardless of when the issue was discovered. 

7.4 Texas Law 

These limitations are intended to be enforceable to the fullest extent permitted by the Texas Business & Commerce Code and other applicable Texas law. If any limitation is found to be unenforceable, liability shall be limited to the minimum extent permitted by law. 

8. Warranty Disclaimer 

8.1 General Disclaimer 

Except for any express written warranties provided in a signed service agreement, all services are provided “AS IS” and “AS AVAILABLE” without warranty of any kind, whether express, implied, or statutory. To the maximum extent permitted under Texas law, Black Hill Landscaping disclaims all implied warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and workmanship. 

8.2 Plant Survival Disclaimer 

Landscaping involves living materials that are subject to conditions beyond our control. Black Hill Landscaping does not guarantee the survival, growth, or long-term health of any plants, trees, shrubs, sod, grass seed, or other living materials installed or maintained as part of our services. Plant health is influenced by many factors, including but not limited to: 

• Watering practices (including irrigation system function and client watering habits) 

• Soil conditions 

• Weather and climate events (drought, freeze, extreme heat, flooding) 

• Pest and disease pressure 

• Client maintenance after installation 

• Pre-existing root or soil conditions not visible at the time of service 

If your service agreement includes a specific plant warranty or replacement guarantee, those terms will be stated in writing and will control over this general disclaimer. 

8.3 No Guarantee of Specific Outcomes 

We do not guarantee specific aesthetic results, growth timelines, or outcomes. Landscaping results depend on many variables, and reasonable variation from estimates, renderings, or descriptions is expected. 

9. Indemnification 

9.1 Client Indemnification 

You agree to indemnify, defend, and hold harmless Black Hill Landscaping, its owners, officers, employees, contractors, and agents from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or related to: 

• (a) Your breach of any provision of these Terms. 

• (b) Your failure to disclose property conditions as required by Section 5 of these Terms, including undisclosed underground utilities, irrigation systems, septic systems, or other hazards. 

• (c) Your negligence or willful misconduct, including but not limited to failure to secure pets, failure to maintain safe conditions, or interference with our crew during service. 

• (d) Any third-party claims arising from or related to your property, including claims by neighbors, tenants, homeowner associations, government entities, or visitors. 

9.2 Notice and Cooperation 

We will notify you promptly of any claim for which we seek indemnification and will cooperate with you in the defense of such claim. You shall not settle any claim without our prior written consent if such settlement would impose any obligation or liability on Black Hill Landscaping. 

10. Photo & Media Rights 

10.1 Grant of License 

By engaging Black Hill Landscaping to perform services on your property, you grant us a non-exclusive, royalty-free, perpetual (subject to revocation as described below) license to photograph, video record, and otherwise capture images of the completed work on your property, and to use such images for the following purposes: 

• Company website and online portfolio 

• Social media accounts (including but not limited to Instagram, Facebook, LinkedIn, YouTube, and any future platforms) 

• Print and digital marketing materials, advertisements, and brochures 

• Business proposals and client presentations 

• Industry publications and awards submissions 

10.2 Privacy 

We will not include identifiable images of you, your family members, or other individuals in any marketing materials without separate express consent. We will not publish your street address or identify you by name alongside property images without your written permission. 

10.3 Revocation 

You may revoke this photo and media license at any time by sending a written request (email is acceptable) to hello@blackhilltx.com. Upon receipt of your revocation request: 

• We will remove your property images from our website, social media, and digital marketing materials within **thirty (30) days**. 

• We are not responsible for removing images that have been shared, reposted, or cached by third parties, search engines, or social media platforms beyond our direct control. 

• Revocation does not apply retroactively to materials already printed and distributed before we received your request. 

11. Intellectual Property 

11.1 Our Intellectual Property 

All content on the Black Hill Landscaping website — including text, graphics, logos, images, photographs, videos, icons, page layout, and software — is the property of Black Hill Landscaping or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. 

The Black Hill Landscaping name, logo, tagline, and all related brand marks are trademarks or service marks of Black Hill Landscaping. You may not use, reproduce, or display any of our trademarks without our prior written consent. 

11.2 Landscape Designs 

Unless otherwise stated in a signed service agreement, all landscape designs, plans, drawings, renderings, and specifications created by Black Hill Landscaping remain our intellectual property. A license to use the design for the specific project is granted upon full payment. Designs may not be shared with, used by, or reproduced for other contractors or projects without our written permission. 

11.3 Limited License for Website Use 

We grant you a limited, non-exclusive, non-transferable license to access and view the content on our website for personal, non-commercial use only. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any website content without our prior written consent. 

12. Cancellations & Refunds 

12.1 Cancellation of Individual Services 

If you need to cancel a scheduled one-time service, please notify us at least forty-eight (48) hours before the scheduled date. Cancellations made less than 48 hours in advance may be subject to a cancellation fee as specified in your service agreement. 

12.2 Cancellation of Recurring Maintenance Contracts 

For recurring maintenance agreements, either party may cancel with sixty (60) days’ written notice unless a different notice period is specified in the signed service agreement. You are responsible for payment for all services performed through the effective date of cancellation. 

12.3 Early Termination Fee 

If your service agreement includes a defined contract term (e.g., a 12-month maintenance agreement) and you cancel before the end of that term, an early termination fee may apply. Unless otherwise specified in your signed service agreement, the early termination fee shall equal the lesser of: 

• The total value of services remaining under the contract term, or 

• Two (2) months of the recurring service fee 

The early termination fee compensates Black Hill Landscaping for scheduling, crew allocation, and business planning commitments made in reliance on the agreed contract term. The early termination fee does not apply if you cancel due to a material breach by Black Hill Landscaping that remains uncured after thirty (30) days’ written notice. 

12.4 Deposits and Refunds 

• Before materials are ordered or work begins: Deposits are fully refundable if you cancel before we have ordered materials, engaged subcontractors, or begun physical work on your property. 

• After materials are ordered or work begins: Deposits are **non-refundable** once we have ordered materials, engaged subcontractors, or commenced work. If you cancel a project in progress, you are responsible for the cost of all materials ordered, work completed to date, and any restocking fees or non-refundable commitments we have incurred. 

12.5 Our Right to Cancel 

We reserve the right to cancel or decline to perform services at any time if: 

• We determine that site conditions are unsafe for our crew. 

• You breach any provision of these Terms. 

• Your account is past due and remains unpaid after notice. 

• You engage in threatening, abusive, or harassing behavior toward our employees, subcontractors, or agents. 

If we cancel for reasons unrelated to your breach, we will refund any unearned portion of payments you have made. 

13. Dispute Resolution 

13.1 Good Faith Negotiation 

In the event of any dispute, claim, or controversy arising out of or related to these Terms or our services, you and Black Hill Landscaping agree to first attempt to resolve the matter through good faith negotiation. Either party may initiate this process by sending written notice describing the dispute to the other party. The parties shall have thirty (30) days from receipt of such notice to reach a resolution. 

13.2 Mandatory Mediation 

If the dispute is not resolved through negotiation within 30 days, the parties agree to submit the dispute to non-binding mediation before a mutually agreed-upon mediator in Tarrant County, Texas. The costs of mediation will be shared equally between the parties unless the mediator directs otherwise. 

13.3 Binding Arbitration 

If the dispute is not resolved through mediation, the parties agree to submit the dispute to final and binding arbitration administered in Tarrant County, Texas in accordance with the rules of the American Arbitration Association (“AAA”) then in effect. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. 

The arbitration shall be conducted by a single arbitrator. The arbitrator shall apply Texas law. Discovery shall be limited to what is necessary and relevant. Each party shall bear its own costs and attorney’s fees unless the arbitrator determines that the claim or defense was frivolous, in which case the arbitrator may award reasonable attorney’s fees to the prevailing party. 

13.4 Class Action Waiver 

You and Black Hill Landscaping agree that any dispute resolution proceedings will be conducted on an individual basis only, and not as part of a class, consolidated, or representative action. You waive the right to participate in or bring a class action, class arbitration, or other representative proceeding against Black Hill Landscaping. 

13.5 Exceptions 

Nothing in this section prevents either party from seeking injunctive relief or other equitable remedies in a court of competent jurisdiction to prevent irreparable harm, or from filing a claim in small claims court in Tarrant County, Texas, if the dispute falls within that court’s jurisdictional limits. 

14. Severability 

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The invalidity of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect. 

15. Assignment 

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Black Hill Landscaping. 

Black Hill Landscaping may assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, without your consent, in connection with a merger, acquisition, corporate restructuring, sale of assets, or similar business transaction. In the event of such assignment, your rights under these Terms will not be diminished. 

16. Website Use 

16.1 Permitted Use 

The Black Hill Landscaping website is provided for your personal, informational, and non-commercial use. You may browse the site, request estimates, and contact us through our online forms. 

16.2 Prohibited Conduct 

When using our website, you agree not to: 

• Access or attempt to access any portion of the website through unauthorized means, including hacking, data mining, scraping, or other automated methods. 

• Interfere with or disrupt the operation of the website, its servers, or connected networks. 

• Use the website for any unlawful purpose or in violation of any applicable federal, state, or local law. 

• Upload, transmit, or distribute any viruses, malware, or other harmful code. 

• Impersonate any person or entity or misrepresent your affiliation with any person or entity. 

• Collect or harvest personal information of other users. 

• Use the website to send unsolicited commercial communications (spam). 

16.3 Website Availability 

We do not guarantee that the website will be available at all times or free from errors, interruptions, or security breaches. We may modify, suspend, or discontinue any aspect of the website at any time without notice. 

17. Governing Law 

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-law principles. Subject to the dispute resolution provisions in Section 13, any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Tarrant County, Texas, and you consent to the personal jurisdiction of such courts. 

18. Changes to Terms 

We reserve the right to update, modify, or replace these Terms at any time at our sole discretion. When we make changes: 

• The updated Terms will be posted on our website at blackhilllandscaping.com with a revised effective date at the top. 

• Material changes may be communicated to active clients via email or written notice. 

• Your continued use of our website or services after the updated Terms are posted constitutes your acceptance of the revised Terms. 

We encourage you to review these Terms periodically. If you do not agree with a modification, you should stop using our website and notify us if you wish to terminate your service agreement. 

19. Contact Information 

If you have any questions, concerns, or requests regarding these Terms, please contact us: 

Black Hill Landscaping 

230 S Grants Lane 

White Settlement, TX 76108 

Phone: (817) 995-0324 

Email: hello@blackhilltx.com 

Website: blackhilllandscaping.com 

These Terms & Conditions were last updated on [EFFECTIVE DATE]. 

BLACK HILL LANDSCAPING 
Where Excellence Takes Root 

1. Introduction & Scope 

Black Hill Landscaping (“we,” “us,” or “our”) values your privacy. This Privacy Policy explains how we collect, use, share, and protect your personal information when you: 

• Visit our website at blackhilllandscaping.com (the “Site”) 

• Submit a contact form, service request, or other inquiry 

• Communicate with us by phone, email, or other means 

• Interact with our business listings, including Google Business Profile 

• Receive marketing communications from us 

This policy applies to all information collected through the channels listed above. By using our Site or providing us with your information, you acknowledge that you have read and understand this Privacy Policy. If you do not agree with the practices described here, please do not use our Site or provide us with your personal information. 

Black Hill Landscaping is a landscaping company located in White Settlement, Texas, serving the greater Fort Worth area. We are committed to handling your data responsibly and transparently. 

2. Information We Collect 

2.1 Personal Information You Provide 

We collect personal information that you voluntarily provide to us, including: 

• Contact Information: Your name, phone number, email address, and mailing or property address when you submit a contact form or service request. 

• Service Request Details: Property address, project descriptions, scope of work, photos, and any other details you share about landscaping services you are interested in. 

• Communication Records: The content of emails, phone conversations, and messages you send to us. 

• Review Content: Your name and the text of reviews you leave on our Google Business Profile or other platforms. 

• Employment Inquiries: Information you provide when applying for a position, such as your resume, work history, and contact details. 

2.2 Information Collected Automatically 

When you visit our Site, certain technical information is collected automatically through cookies and similar technologies: 

• Device and Browser Information: IP address, browser type and version, operating system, device type (desktop, mobile, tablet), and screen resolution. 

• Usage Data: Pages visited, time spent on each page, links clicked, referring and exit pages, and the date and time of your visit. 

• Referral Sources: How you arrived at our Site (e.g., search engine, social media, direct link, or advertisement). 

• Location Data: General geographic location inferred from your IP address (city or region level; we do not collect precise GPS data through the Site). 

2.3 Information from Third-Party Sources 

We may receive limited information about you from third-party services we use, including: 

• Google Ads: Information about ad clicks and interactions that led you to our Site. 

• WhatConverts: Call source data and form submission attribution tied to advertising campaigns (see Section 5 for details on call tracking). 

• Google Analytics: Aggregated and anonymized website usage data. 

3. How We Use Your Information 

We use the information we collect for the following purposes: 

3.1 Service Delivery 

• To respond to your inquiries and service requests 

• To provide estimates, schedule work, and deliver landscaping services 

• To communicate with you about your projects, appointments, and account 

3.2 Communication 

• To send you appointment confirmations, service updates, and follow-ups 

• To respond to your questions, comments, and feedback 

• To request reviews after completed services 

3.3 Marketing 

• To send you promotional emails, newsletters, or special offers (only with your consent or where permitted by law) 

• To deliver targeted advertising through platforms such as Google Ads 

• To create remarketing audiences to show relevant ads to previous Site visitors 

3.4 Analytics and Improvement 

• To understand how visitors use our Site and identify areas for improvement 

• To measure the effectiveness of our advertising campaigns 

• To track which marketing channels drive inquiries and leads 

• To improve our services, content, and user experience 

3.5 Business Operations 

• To manage our customer relationships and maintain business records 

• To process payments and maintain financial records 

• To train staff and improve service quality (including through review of call recordings, when applicable) 

3.6 Legal Compliance 

• To comply with applicable laws, regulations, and legal processes 

• To protect our rights, property, and safety, and the rights, property, and safety of others 

• To enforce our terms of service and other agreements 

4. Cookies & Tracking Technologies 

4.1 What Are Cookies? 

Cookies are small text files placed on your device when you visit a website. They help websites remember your preferences, understand usage patterns, and improve your experience. Other tracking technologies, such as pixels and scripts, serve similar purposes. 

4.2 Cookies and Tools We Use 

We use the following cookies and tracking technologies on our Site: 

4.3 Types of Cookies 

• Strictly Necessary Cookies: Required for our Site to function (e.g., WordPress session cookies). These cannot be disabled without affecting site functionality. 

• Analytics Cookies: Help us understand how visitors interact with our Site (e.g., Google Analytics). These collect aggregated, anonymized data. 

• Advertising Cookies: Used to deliver relevant ads and measure ad performance (e.g., Google Ads remarketing cookies). These may track your browsing activity across websites. 

4.4 How to Manage or Opt Out of Cookies 

You have several options for managing cookies: 

• Browser Settings: Most web browsers allow you to block or delete cookies through your browser settings. Note that blocking all cookies may affect your ability to use certain features of our Site. 

• Google Analytics Opt-Out: You can install the Google Analytics Opt-Out Browser Add-On to prevent Google Analytics from collecting your data. 

• Google Ads Personalization: You can manage your Google ad preferences or opt out of personalized ads at Google Ad Settings. 

• Network Advertising Initiative: Visit optout.networkadvertising.org to opt out of interest-based advertising from participating companies. 

• Do Not Track: Our Site does not currently respond to “Do Not Track” browser signals. However, you may use the opt-out methods described above. 

5. Call Tracking Disclosure 

Black Hill Landscaping uses WhatConverts, a call tracking and lead attribution service, to understand how customers find us and to improve our marketing efforts. 

What This Means for You 

• Tracking Numbers: When you call us, you may be calling a tracking phone number that forwards to our business line. This allows us to identify how you found us (e.g., through a Google search, advertisement, or our website). 

• Data Collected: WhatConverts records the source of the call (e.g., the advertising campaign or webpage), call duration, and the phone number you called from. 

• Call Recording: Calls may be recorded for quality assurance and staff training purposes. If call recording is active, you will be notified at the beginning of the call. 

• Data Use: Call tracking data is used solely for marketing attribution, service quality improvement, and business operations. We do not sell call data to third parties. 

If you have questions about our call tracking practices or wish to request deletion of call data associated with your phone number, please contact us using the information in Section 16. 

6. How We Share Your Information 

We do not sell, rent, or trade your personal information to third parties for their own marketing purposes. 

We may share your information in the following limited circumstances: 

6.1 Service Providers 

We share information with trusted third-party companies that help us operate our business and serve you, including: 

• Website hosting and maintenance (WordPress / hosting provider) 

• Email services (Microsoft 365) 

• Analytics and advertising (Google Analytics, Google Ads) 

• Call tracking and lead attribution (WhatConverts) 

• Email marketing (Mailchimp, when active) 

• Business management (Aspire, when active) 

These service providers are contractually obligated to use your information only for the specific services they provide to us and to protect your data in accordance with applicable law. 

6.2 Legal Requirements 

We may disclose your information if required to do so by law, or in the good-faith belief that such action is necessary to: 

• Comply with a legal obligation, court order, or subpoena 

• Protect and defend the rights, property, or safety of Black Hill Landscaping, our customers, or the public 

• Investigate potential violations of our terms of service 

6.3 Business Transfers 

If Black Hill Landscaping is involved in a merger, acquisition, reorganization, sale of assets, or bankruptcy, your personal information may be transferred as part of that transaction. We will notify you of any such change in ownership or control of your personal information. 

6.4 With Your Consent 

We may share your information for purposes not listed above if we obtain your explicit consent. 

7. Data Security 

We take reasonable and appropriate measures to protect your personal information from unauthorized access, alteration, disclosure, and destruction. Our security practices include: 

• Encryption: Data transmitted through our Site is protected using SSL/TLS encryption (HTTPS). 

• Access Controls: Access to personal information is restricted to authorized personnel who need it to perform their job duties. 

• Secure Storage: Personal data is stored on secure systems with appropriate technical safeguards. 

• Regular Backups: We maintain regular backups of business data to prevent loss. 

• Vendor Security: We select third-party service providers that maintain appropriate security standards. 

While we strive to protect your personal information, no method of transmission over the internet or electronic storage is 100% secure. We cannot guarantee absolute security, but we are committed to implementing and maintaining reasonable safeguards. 

8. Data Retention 

We retain your personal information only for as long as necessary to fulfill the purposes described in this Privacy Policy, unless a longer retention period is required or permitted by law. 

General Retention Guidelines 

• Customer and Service Records: We retain records of service requests, estimates, contracts, and communications for a minimum of three (3) years after the completion of services, or longer as required for warranty, legal, or tax purposes. 

• Marketing Data: If you subscribe to our email list, we retain your contact information until you unsubscribe or request deletion. 

• Website Analytics Data: Aggregated and anonymized analytics data may be retained indefinitely for trend analysis. Individual user data collected through Google Analytics is subject to Google’s data retention settings (currently configured for the default retention period). 

• Call Tracking Data: Call records and recordings (if applicable) are retained according to WhatConverts’ retention policies and our internal records management schedule, typically not exceeding two (2) years. 

• Job Application Data: Retained for up to one (1) year after the position is filled, unless you consent to longer retention for future opportunities. 

When personal information is no longer needed, we will securely delete or anonymize it. If deletion is not immediately possible (for example, because data is stored in a backup archive), we will securely isolate the information and refrain from further processing until deletion is feasible. 

9. Your Rights 

Regardless of where you live, we believe you should have control over your personal information. You have the following rights: 

• Right to Access: You may request a copy of the personal information we hold about you. 

• Right to Correction: You may request that we correct inaccurate or incomplete personal information. 

• Right to Deletion: You may request that we delete your personal information, subject to certain legal exceptions (e.g., data we are required to retain for tax or legal purposes). 

• Right to Opt Out of Marketing: You may opt out of receiving marketing emails at any time by clicking the “unsubscribe” link in any marketing email, or by contacting us directly. Please note that opting out of marketing emails does not affect transactional or service-related communications. 

• Right to Withdraw Consent: Where we rely on your consent to process your data, you may withdraw that consent at any time. 

How to Exercise Your Rights 

To submit a request, please contact us using the information in Section 16. We will respond to your request within thirty (30) days. We may ask you to verify your identity before fulfilling your request. There is no charge for exercising these rights. 

10. Texas Residents 

If you are a Texas resident, you may have additional rights under the Texas Data Privacy and Security Act (effective July 1, 2024) and other Texas laws, including: 

• Right to Know: You have the right to confirm whether we are processing your personal data and to access that data. 

• Right to Correct: You have the right to correct inaccuracies in your personal data. 

• Right to Delete: You have the right to request deletion of your personal data. 

• Right to Data Portability: You have the right to obtain a copy of your personal data in a portable, readily usable format. 

• Right to Opt Out: You have the right to opt out of the processing of your personal data for purposes of targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects. 

We do not sell your personal data. We do use targeted advertising through Google Ads. You may opt out of targeted advertising using the methods described in Section 4.4. 

To exercise any of these rights, please contact us using the information in Section 16. If we decline your request, you have the right to appeal our decision by contacting us with the subject line “Privacy Rights Appeal.” If your appeal is denied, you may contact the Texas Attorney General. 

11. California Residents — CCPA 

If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA): 

11.1 Right to Know 

You have the right to request that we disclose: 

• The categories of personal information we have collected about you 

• The specific pieces of personal information we have collected about you 

• The categories of sources from which your personal information was collected 

• The business or commercial purpose for collecting your personal information 

• The categories of third parties with whom we share your personal information 

11.2 Right to Delete 

You have the right to request that we delete the personal information we have collected about you, subject to certain exceptions allowed by law. 

11.3 Right to Opt Out of Sale or Sharing 

We do not sell your personal information. We do not share your personal information for cross-context behavioral advertising as defined under the CPRA. If our practices change in the future, we will update this policy and provide a “Do Not Sell or Share My Personal Information” link on our Site. 

11.4 Right to Non-Discrimination 

We will not discriminate against you for exercising your CCPA rights. We will not deny you services, charge you different prices, or provide a different level of service because you exercised your privacy rights. 

11.5 Exercising Your Rights 

California residents may submit requests by contacting us using the information in Section 16. We will verify your identity before processing your request. You may also designate an authorized agent to submit a request on your behalf, provided the agent has your written permission and can verify their identity. 

We will respond to verified requests within forty-five (45) days, as required by the CCPA. If additional time is needed, we will notify you of the extension and the reason for it. 

11.6 Categories of Information Collected 

In the preceding twelve (12) months, we have collected the following categories of personal information: 

12. Children’s Privacy — COPPA Compliance 

Our Site and services are not directed to children under the age of thirteen (13). We do not knowingly collect, use, or disclose personal information from children under 13. Our services are designed for adults who are property owners, property managers, or authorized representatives. 

If you are a parent or guardian and believe that your child under 13 has provided us with personal information, please contact us immediately using the information in Section 16. If we become aware that we have inadvertently collected personal information from a child under 13, we will take prompt steps to delete that information from our records. 

13. Data Breach Notification 

In the event of a data breach involving your personal information, we will comply with all applicable breach notification laws, including the Texas Business & Commerce Code Section 521.053. 

Our Commitment 

• Timely Notification: If a breach of system security results in the unauthorized acquisition of your sensitive personal information, we will notify affected individuals as quickly as possible and without unreasonable delay, consistent with the legitimate needs of law enforcement and any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. 

• Notification Contents: Our breach notification will include, as applicable: 

• A description of the incident and the type of information involved 

• The approximate date of the breach 

• Steps we are taking in response to the breach 

• Steps you can take to protect yourself 

• Contact information for questions or additional information 

• Notification Method: We will notify affected individuals by written notice sent to the last known address, email notice (if we have a valid email address), or conspicuous posting on our website, as permitted by Texas law. 

• Attorney General Notification: If more than 250 Texas residents are affected by a breach, we will notify the Texas Attorney General as required by law. 

14. Third-Party Links 

Our Site may contain links to third-party websites, services, or platforms that are not operated or controlled by Black Hill Landscaping. These may include links to our social media profiles, review platforms, partner websites, or other resources. 

We are not responsible for the privacy practices, content, or security of any third-party websites. Each third-party website has its own privacy policy, and we encourage you to review those policies before providing any personal information. 

The inclusion of a link on our Site does not imply endorsement of the linked website or its content. 

15. Changes to This Policy 

We may update this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements, or other factors. When we make changes: 

• The updated policy will be posted on this page with a new effective date at the top. 

• If the changes are significant, we may provide additional notice, such as a prominent announcement on our Site or an email notification (where we have your email address). 

• Your continued use of our Site after the effective date of any updated Privacy Policy constitutes your acceptance of the changes. 

We encourage you to review this page periodically to stay informed about how we protect your information. 

16. Contact Information 

If you have any questions, concerns, or requests related to this Privacy Policy or our data practices, please contact us: 

Black Hill Landscaping 

230 S Grants Lane 

White Settlement, TX 76108 

• Phone: (817) 995-0324 

• Email: hello@blackhilltx.com 

• Website: blackhilllandscaping.com 

We will do our best to respond to all privacy-related inquiries within thirty (30) days.