Privacy Policy

1. Introduction & Scope of This Policy

Ground Theory LLC ("Ground Theory," "we," "us," or "our") is a landscape and hardscape construction company based in Castle Rock, Colorado. This Privacy Policy explains what information we collect, how we use it, with whom we share it, and the choices and rights you have regarding your personal information. This Policy applies to: (a) visitors and users of our website at groundtheoryops.com; (b) individuals who request estimates, quotes, or consultations; (c) current and prospective customers who engage our outdoor property services; and (d) anyone who contacts us by phone, text, email, online form, chat, or in person. This Policy does not apply to the practices of third-party websites or services that we do not control, even if you access them through links on our website. We are not responsible for the privacy practices of those third parties, and we encourage you to review their privacy policies.

2. Information We Collect

We collect information that is necessary to provide our services, process payments, communicate with you, and comply with our legal obligations. The categories of information we may collect include:

• •Identifiers — full name, business name, phone number (mobile and/or landline), email address, mailing address, and service or property address
• •Customer records — service history, work orders, project files, property specifications, lot size, terrain characteristics, and service preferences
• •Payment and billing information — billing address, credit/debit card type (we do not store full card numbers; payment data is handled by our PCI-compliant payment processor), bank account details for ACH where applicable, and transaction records
• •Communications — records of phone calls, voicemails, text messages (SMS/MMS), emails, chat transcripts, and written correspondence, including timestamps and content
• •Property documentation — photographs, video, measurements, site sketches, soil and grading notes, and aerial or satellite imagery used for planning
• •Scheduling and location data — appointment times, service frequency, GPS-derived location of your property, and check-in/check-out records of field crews
• •Commercial information — products or services purchased, project details, estimates and proposals, and pricing history
• •Internet and device activity — IP address, browser type and version, operating system, device identifiers, pages visited, referring URLs, time spent on pages, and other website usage analytics
• •Inferences — conclusions drawn from the above information to anticipate customer needs and improve service delivery
• •Sensitive personal information — we do not knowingly collect or request sensitive data such as Social Security numbers, driver's license numbers, health information, or precise geolocation of individuals. If you provide such information inadvertently, we will use it only as needed to fulfill your request and will delete it upon your written request where legally permissible.

3. Methods of Collection

We collect information through several methods:

• •Directly from you — when you complete an online estimate request, contact form, or booking; call, text, or email us; speak with our team on-site; or otherwise provide information to us
• •Automatically — when you visit our website, through cookies, web beacons, log files, and analytics tools that record device and browsing information
• •From third parties — from referral partners, property management companies, HOAs, payment processors, scheduling and CRM platforms, credit reporting agencies (for payment verification), and other service providers acting on our behalf
• •From your property — through photographs, measurements, and observations made during on-site evaluations and ongoing service visits

4. How We Use Your Information

We use the information we collect for the following business and commercial purposes:

• •Respond to inquiries, provide accurate project estimates and proposals, and answer questions about our services
• •Schedule, manage, and perform outdoor property services including landscape construction, hardscaping, irrigation, drainage, maintenance, and seasonal work
• •Send appointment confirmations, service reminders, weather-related updates, arrival notifications, and follow-up communications
• •Process payments, manage billing, issue invoices and receipts, and handle refunds or adjustments
• •Provide customer support, address complaints, and resolve service issues or disputes
• •Maintain internal service records, property files, workmanship warranty documentation, and quality-control records
• •Communicate about service changes, seasonal offerings, maintenance recommendations, and property-specific care guidance relevant to your landscape
• •Improve our website, services, customer experience, operational efficiency, and the quality and safety of our work
• •Train employees and subcontractors and manage internal operations, scheduling, routing, and workforce coordination
• •Market our services through email, SMS, and other channels where you have provided consent or where otherwise legally permitted
• •Comply with legal, tax, regulatory, insurance, and licensing obligations, and respond to lawful requests from authorities
• •Protect our rights, property, and safety and the rights, property, and safety of our customers, employees, and the public
• •Establish, exercise, or defend legal claims and enforce our contracts and these Terms

5. SMS & Communication Consent

By submitting your phone number through our website, estimate forms, or booking tools, or by providing your phone number to us verbally or in writing, you consent to receive phone calls, text messages (SMS/MMS), and emails from Ground Theory regarding your service requests, scheduling, reminders, follow-ups, and account-related communications. This consent applies to calls and texts made using an automatic telephone dialing system or artificial or prerecorded voice messages to the telephone number you provide, including a mobile number, for informational and transactional purposes. Message frequency varies depending on your service schedule and communication preferences. Standard message and data rates may apply according to your mobile carrier plan. You may opt out of text messaging at any time by replying STOP to any message. For assistance, reply HELP or contact us directly at trent@groundtheoryops.com or (303) 483-8136. Opting out of SMS does not opt you out of essential service-related phone calls or emails unless you separately request to be removed from those channels. We do not sell your phone number or consent to third-party marketers. Providing your phone number and consenting to receive communications is not a condition of purchasing any goods or services. You may withdraw consent at any time, understanding that doing so may affect our ability to provide timely service communications.

6. Information Sharing & Disclosure

Ground Theory does not sell, rent, or trade your personal information to third parties for monetary consideration. We do not sell your personal data as defined under the California Consumer Privacy Act (CCPA) or share it for cross-context behavioral advertising. We may share your information, however, in the following circumstances:

• •Service providers and vendors — with trusted companies that perform services on our behalf, such as payment processors, scheduling and field service management software (including Housecall Pro), customer relationship management platforms, email and SMS communication providers, cloud storage and hosting, and analytics tools. These providers are contractually obligated to protect your information and may only use it for the purposes we specify
• •Project completion — to complete a service, transaction, or project you have requested, including processing payments and delivering materials
• •Subcontractors and trade partners — with subcontractors, material suppliers, equipment rental companies, nurseries, and specialized trades directly involved in delivering your project, limited to the information necessary for the work
• •Legal compliance — to comply with legal obligations, court orders, subpoenas, search warrants, government or regulatory requests, or to establish, exercise, or defend legal claims
• •Safety and protection — to protect the rights, property, or safety of Ground Theory, our customers, employees, or the public, including preventing fraud or misuse
• •Business transfers — in connection with a merger, acquisition, restructuring, financing, or sale of all or a portion of our business assets, your information may be transferred subject to confidentiality obligations and the continued protection of this Policy
• •With your consent — for any other purpose disclosed at the time of collection or with your explicit consent

7. Data Security

We implement reasonable administrative, technical, and physical safeguards designed to protect your personal information from unauthorized access, disclosure, alteration, loss, and destruction. These measures include encrypted data transmission (TLS/SSL), secure payment processing through PCI-compliant vendors, role-based access controls, employee and subcontractor training, physical security at our facilities, and regular review of our data handling practices. Access to personal information is limited to employees, contractors, and agents who have a legitimate business need to know. We require our service providers to maintain appropriate security safeguards. However, no method of transmission over the internet or electronic storage is completely secure. While we strive to protect your information, we cannot guarantee absolute security, and you acknowledge that you provide your information at your own risk. In the event of a data breach affecting your personal information, we will notify affected individuals and applicable authorities as required by applicable law, including the Colorado Consumer Protection Act and other breach-notification statutes.

8. Cookies & Tracking Technologies

Our website may use cookies, web beacons, pixel tags, local storage, and analytics tools to:

• •Remember your preferences and improve your browsing experience
• •Analyze website traffic, page performance, navigation paths, and user behavior
• •Optimize site functionality, loading speed, and mobile responsiveness
• •Measure the effectiveness of our marketing, advertising, and content
• •Detect and prevent fraud, abuse, and unauthorized access

Cookies are small text files stored on your device. We use both session cookies (which expire when you close your browser) and persistent cookies (which remain until deleted or expired). Third-party analytics and advertising partners may set their own cookies subject to their own privacy policies. You may control or disable cookies through your browser settings. Most browsers allow you to refuse cookies or alert you when cookies are being sent. Disabling cookies may affect some features of our website. We do not use cookies to collect sensitive personal information such as financial account numbers.

9. Third-Party Services

Our website and operations integrate with third-party platforms for scheduling, online booking, payments, field service management, customer relationship management, email and SMS communication, analytics, mapping, and file storage. These include, without limitation: Housecall Pro (online booking and field service management), our payment processor for credit card and ACH transactions, Google Analytics or similar web analytics tools, email and SMS delivery providers, and cloud hosting and storage providers. These providers operate under their own privacy policies and data protection practices. They process personal information according to their own terms, and we encourage you to review the privacy policies of any third-party service we direct you to. Ground Theory is not responsible for the privacy practices or content of third-party websites or services, including any links provided on our site.

10. Your Rights & Choices

Depending on your state of residence, you may have the following rights regarding your personal information:

• •Access — Request a copy of the personal information we hold about you and the categories of information collected
• •Correction — Request that we correct inaccurate or incomplete information
• •Deletion — Request that we delete your personal information, subject to legal and operational retention requirements
• •Data portability — Request your information in a structured, commonly used, and machine-readable format, and have the right to transmit that information to another entity where technically feasible
• •Opt-out — Unsubscribe from marketing communications, opt out of the sale or sharing of your personal information, and opt out of SMS by replying STOP at any time
• •Limit use of sensitive personal information — Request that we limit our use of sensitive personal information to the purposes permitted by law
• •Withdraw consent — Withdraw previously given consent for data processing where applicable; withdrawing consent will not affect the lawfulness of processing before withdrawal
• •Non-discrimination — You have the right not to receive discriminatory treatment for exercising your privacy rights

To exercise any of these rights, contact us at trent@groundtheoryops.com or (303) 483-8136. We will respond to your request within the timeframes required by applicable law, generally within forty-five (45) days (which may be extended by an additional forty-five (45) days where reasonably necessary, with notice). We may need to verify your identity before processing your request, and we may decline requests that are fraudulent, frivolous, or not verifiable.

11. California Privacy Rights (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). You have the right to know what personal information we collect, the categories of sources, the business or commercial purpose for collecting it, and the categories of third parties with whom we share it. You also have the right to request deletion of your personal information, the right to correct inaccurate information, the right to opt out of the sale or sharing of your personal information for cross-context behavioral advertising, and the right to limit the use of sensitive personal information. We do not sell personal information as defined by the CCPA, nor do we share it for cross-context behavioral advertising. California residents may designate an authorized agent to submit requests on their behalf by providing written authorization; we may still require verification of the consumer's identity directly. To submit a request under the CCPA, contact us at trent@groundtheoryops.com or (303) 483-8136. We will not discriminate against you for exercising your rights.

12. Colorado Privacy Rights (CPA)

If you are a Colorado resident, you have rights under the Colorado Privacy Act (CPA). These include the right to access, correct, or delete your personal data; the right to data portability; the right to opt out of the processing of your personal data for purposes of targeted advertising, the sale of personal data, or certain profiling in furtherance of decisions that produce legal or similarly significant effects; and the right to appeal a denial of a privacy-related request. To exercise these rights, submit a request to trent@groundtheoryops.com or (303) 483-8136. We will respond within forty-five (45) days. If we decline to take action on your request, you may appeal our decision by contacting us at the same address, and we will inform you of how to submit a complaint to the Colorado Attorney General if you are not satisfied with our response.

13. Children's Privacy

Our website and services are not directed to or intended for individuals under the age of eighteen (18). We do not knowingly collect personal information from children. If you are a parent or guardian and believe we have inadvertently collected information from a minor, please contact us immediately and we will take reasonable steps to delete such information and discontinue any related collection. We do not knowingly offer services to minors and require all customers and website users to be at least 18 years old.

14. Data Retention

We retain personal and service-related information for as long as necessary to fulfill the purposes outlined in this Policy, comply with our legal and regulatory obligations, resolve disputes, and enforce our agreements. Service records, warranty documentation, project files, photographs, and financial records may be retained for a period of up to seven (7) years or longer where required by law (for example, tax and employment records). Marketing data is retained for a shorter period and deleted when no longer needed or upon your opt-out request. When information is no longer needed, we will either delete it, anonymize it so it can no longer be associated with you, or securely store it subject to legal retention requirements. You may request earlier deletion of your data subject to legal retention requirements.

15. Do Not Track Signals

Our website does not currently respond to "Do Not Track" signals as there is no industry-standard mechanism for interpreting or enforcing such signals. We continue to review applicable technologies and standards and may implement support for them in the future. The tracking we perform is described in the Cookies & Tracking Technologies section above.

16. Data Breach Notification

In the event of a data breach affecting your personal information, Ground Theory will take reasonable steps to investigate, contain, and remediate the incident. We will notify affected individuals and applicable state authorities as required by applicable law, including Colorado's breach-notification requirements, as promptly as feasible and consistent with any law-enforcement or security investigation. Notifications will describe the nature of the breach, the categories of information involved, steps you can take to protect yourself, and the measures we are taking in response.

17. International Users

Ground Theory is a Colorado-based company providing services primarily to customers in Colorado. Our website is not intended for use by individuals located outside the United States. If you access our website from outside the United States, you acknowledge that your information will be processed in the United States, where privacy laws may differ from those in your jurisdiction. By using our website, you consent to the transfer and processing of your information in the United States as described in this Policy.

18. Updates to This Policy

We may update or modify this Privacy Policy at any time at our sole discretion to reflect changes in our practices, legal requirements, or operational needs. Changes will be posted on this page with an updated effective date. We encourage you to review this Policy periodically. If we make material changes that significantly affect your rights, we will provide a more prominent notice, such as on our homepage or via direct communication where we have your contact information. Your continued use of our website or services after any changes constitutes acceptance of the revised Policy.

19. Biometric Information

Ground Theory does not collect, store, or process biometric identifiers or biometric information as defined under applicable law, including fingerprints, voiceprints, retina or iris scans, faceprint or face geometry templates, or other unique biological identifiers. We do not use facial recognition, automated biometric identification, or biometric profiling on website visitors or customers. Photographs taken of your property for service-planning and documentation purposes are not used for biometric identification of any individual.

20. Call Recording & Communication Monitoring

For quality assurance, training, dispute resolution, and record-keeping purposes, Ground Theory may record or monitor phone calls, voicemails, and certain other communications with customers, subject to applicable law and where consent is provided or not required. Colorado is a one-party consent jurisdiction for call recording. By contacting us by phone or providing your phone number, you consent to such recording and monitoring. Recorded communications may be retained as part of your customer record, transcribed, and used for the purposes described in this Policy. If you do not wish to be recorded, you may request that the recording be paused, and we will accommodate where feasible, though this may affect our ability to provide certain services.

21. Financial Incentives & Sale of Data

We do not offer financial incentives, price or service differences, or other benefits in exchange for the sale or sharing of your personal information. Ground Theory does not sell your personal information for monetary or other valuable consideration, and we do not share your personal information with third parties for cross-context behavioral advertising. We have not sold or shared personal information in the preceding twelve (12) months and have no intention of doing so. This Policy does not constitute an offer to sell data, and nothing herein authorizes any recipient to resell or share your information in violation of this Policy.

22. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GROUND THEORY, ITS OWNERS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, ARISING OUT OF OR RELATED TO THIS PRIVACY POLICY, THE COLLECTION, USE, STORAGE, DISCLOSURE, OR DELETION OF YOUR PERSONAL INFORMATION, OR THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THIS PRIVACY POLICY OR OUR HANDLING OF YOUR PERSONAL INFORMATION SHALL NOT EXCEED FIVE HUNDRED U.S. DOLLARS ($500) OR THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY OF LIABILITY, WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, AND SURVIVES TERMINATION OF ANY SERVICE RELATIONSHIP.

23. Arbitration & Class Action Waiver

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS PRIVACY POLICY OR OUR COLLECTION, USE, OR DISCLOSURE OF YOUR PERSONAL INFORMATION SHALL BE RESOLVED THROUGH BINDING ARBITRATION IN THE STATE OF COLORADO, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, BEFORE A SINGLE ARBITRATOR IN DOUGLAS COUNTY, COLORADO. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. THE ARBITRATION SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS; NEITHER PARTY MAY BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. IF THE CLASS ACTION OR REPRESENTATIVE WAIVER IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM SHALL PROCEED ONLY IN SMALL CLAIMS COURT OR A COURT OF COMPETENT JURISDICTION, NOT IN ARBITRATION. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL. THIS SECTION DOES NOT PREVENT EITHER PARTY FROM SEEKING INJUNCTIVE RELIEF IN A COURT OF COMPETENT JURISDICTION FOR ALLEGED MISUSE OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY.

24. No Third-Party Beneficiaries

THIS PRIVACY POLICY IS AN AGREEMENT BETWEEN YOU AND GROUND THEORY ONLY. NO THIRD PARTY — INCLUDING ANY SERVICE PROVIDER, VENDOR, BUSINESS PARTNER, SUBCONTRACTOR, OR FAMILY MEMBER — IS A THIRD-PARTY BENEFICIARY OF THIS POLICY OR HAS ANY RIGHT TO ENFORCE ANY PROVISION OR BRING ANY CLAIM ARISING FROM THIS POLICY.

25. Governing Law

THIS PRIVACY POLICY AND ANY DISPUTE ARISING FROM IT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO, WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. FOR MATTERS NOT SUBJECT TO ARBITRATION UNDER SECTION 23, THE PARTIES CONSENT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN DOUGLAS COUNTY, COLORADO.

26. Survival; Severability

THE PARTIES' RIGHTS AND OBLIGATIONS UNDER THIS POLICY SURVIVE TERMINATION OF ANY SERVICE RELATIONSHIP. IF ANY PROVISION OF THIS POLICY IS HELD INVALID, ILLEGAL, OR UNENFORCEABLE, IT SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS POLICY ARE INTENDED TO APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SURVIVE IN PERPETUITY.

27. Contact Information

If you have questions, concerns, or requests regarding this Privacy Policy or your personal information, please contact us:

• •Ground Theory
• •📧 trent@groundtheoryops.com
• •📞 (303) 483-8136
• •📍 Castle Rock & Parker, Colorado