Privacy Notice

 

INTRODUCTION

Barbara’s Floral , recognizes and respects the importance of maintaining the privacy of our customers, registered members, gift recipients and users, and has established this privacy notice (“Privacy Notice”) as a result. The purpose of this Privacy Notice is to inform you of:
• the information, including personal information, we may collect from you when you visit our Website (as defined below), respond to our emails, place orders via mail or fax, use our mobile applications, place orders through social media applications (such as our Facebook App), use our e-Gifting Service or otherwise contact us via telephone, text (SMS, MMS), email, fax or mail (collectively, our "Service"),
• why we gather information from you,
• how we collect it,
• how we use it (including with whom we may share it),
• how we secure your personal information, and
• the choices you have regarding our use of, and your access to and correction and deletion of, personal information you have provided.
For the purposes of this Privacy Notice, and unless you are explicitly notified otherwise, the Company is the controller of your personal information, and where the processing of personal information is also undertaken by our Affiliated Brands with whom you engage, the Affiliated Brands are joint controllers with the Company for your personal information. Joint controllers are all responsible for deciding how your personal data is held and used. See the “Contact Us” section below for a list of Affiliated Brands’ controllers and their locations and for details on how to contact the Company or exercise your rights with respect to your personal information.

WHY DO WE GATHER INFORMATION?
The Company and the Service gathers information, including personal information, mainly to communicate with you and to process your orders, but also to help improve our products and customer service, to provide an enhanced and more personalized shopping experience and to inform you, and your gift and message recipients, of special offers and discounts from the Barbara’s Floral.
This Privacy Notice applies to all visitors, including EU residents. Additional information on our privacy practices with respect to EU residents in particular can be viewed here.

WHAT INFORMATION DO WE GATHER?
Depending on how you interact with us, we collect some or all of the following categories of information:
• Contact and other personal information: your name, address, postal code, telephone number, email address, user ID and contact information, as well as gender and birth date, if you choose, or are otherwise required to enter such information, and interests,

HOW DO WE COLLECT INFORMATION FROM YOU?
A. In general.
We collect information when you:
o visit our Website and use our Service,
o place an order or receive a gift,
o participate in our forums, surveys, contests, sweepstakes, promotions, content submissions, chats, bulletin boards, discussion groups, requests for suggestions, and membership registrations, and
o engage in other activities, services, products and resources we make accessible to our customers, members or users.
The information may be provided directly to us by you when placing an order or participating in a survey, etc., or, as is true of most websites, we gather certain device and usage information automatically. This information may include internet protocol (IP) addresses, browser type, device information, internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends and administer the Website. This information may be collected by us even if an order, registration, or other process is started but not completed or is otherwise cancelled.
B. How we use "Cookies" and "Action Tags."
A "cookie" is a small data file sent to your browser from a web server and stored on your computer. We use cookies to let us know that you are a prior customer, user or registered member and to provide certain features to you. Most web browsers allow you to instruct the browser to prevent the use of cookies. However, if you disable this feature, certain aspects of the Services, such as the shopping basket, may not function properly. If you are accessing our Websites from outside the United States, you might manage your cookie preferences directly through the provided tool. To manage Flash cookies, please click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.
We have relationships with third parties who may collect or receive information directly from the cookies placed by our Service on your computer to assist in analyzing our business and customers.
Our Service may also use a web technology called "action tags" (also called single pixel gifs, web beacons, local storage objects, and local shared objects) to track purchase, usage and other web activity information. Action tags may be used to provide data to third parties for tracking purposes. In addition, third parties may set their own cookies and tags through our Service (such as through interest-based advertising, described below). We do not control such third parties or their privacy practices. If you do not want third parties to be able to use such methods, you can modify your browser settings to limit such access.
C. Interest-based advertising.
1. Our Services. We collect data from you for use in interest-based advertising when you use our Service. Other companies may serve interest-based advertisements on our Service. We use as a guide the Self-Regulatory Principles for Online Behavioral Advertising as administered by the Digital Advertising Alliance(aboutads.info).
2. Other Services. Advertisements for our products and services may appear on third party websites around the Internet. Some websites and services deliver these advertisements based upon data that has been previously collected about your past behavior online. For example, if you have viewed websites about gift baskets, these websites or services may display to you an advertisement for our gift baskets. This kind of targeted advertising is sometimes called interest-based or online behavioral advertising. We do not control such third-party websites or services on which these advertisements appear. Further, we do not control how they collect and use data about your online activities.
3. Consent. You may opt-out of being tracked online by certain companies listed at: www.aboutads.info/choices/ OR www.networkadvertising.org/managing/opt_out.asp and you may also learn more about online behavioral advertising at such websites. If you opt-out, you will still receive generic advertisements, but they will not be delivered to you by such companies from whom you have opted out based upon your behavioral data possessed by the companies from whom you have opted-out. This process relies upon an opt-out cookie, for each browser and each device, so if you delete your cookies or use a different computer, you will have to repeat this process.
D. Push Notifications.
As a user who has downloaded our Company’s mobile application(s), we may from time-to-time send you push notifications to your device to communicate with you and advise you of current offers and promotions. To ensure that you receive timely notification of such communications and promotions, we need to collect certain information from your device as indicated above. If at any time you do not wish to receive these types of communications, you may turn them off on your device.
E. Mobile Analytics.
We use mobile analytics software to allow us to better understand the functionality of our Company’s mobile application(s) on your device. This software may record information such as how often you use the application, the events that occur within the application, usage, performance data, and the source from which the application was downloaded. We do not link the information we store within the analytics software to any personal information you submit within the mobile application.
We may also work with third parties that collect data about your use of the Website and other sites or apps over time for non-advertising purposes, subject to their privacy policies. We use third party analytics such as Google Analytics to gather and analyze aggregated anonymous user information. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the sites by going to http://tools.google.com/dlpage/gaoptout.

HOW WE USE/SHARE THE INFORMATION WE COLLECT
We use information we collect to communicate with you, to process your orders, to improve our products and services (such as by responding to your feedback), to conduct research (such as statistics on favorite -- i.e., most ordered -- products), to provide an enhanced and more personalized shopping experience (for instance, to provide event reminders, such as birthdays), to inform you and your gift recipients of offers and discounts from the Barbara’s Floral.
We may also use your information, as necessary or appropriate in our view, to operate the Service, to respond to your inquiries, to process orders or registrations, and to conduct promotions, contests, and sweepstakes in which you participate.
We may combine information we receive from you via our Service with information from our Affiliates and third parties. We use the combined information to enhance and personalize your shopping experience with us (for example, by keeping your profile up-to-date) and to communicate with you in accordance with this Privacy Notice. We may also use your personal information as indicated at the time of collection or with your consent (where required by applicable law).
In addition, as provided below, the Company may use or share your data with both affiliated and unrelated third parties, for the purposes so identified.
• To Update Our Records. We may use your information to match it with other public and private data sources (such as the U.S. Postal Service and publicly available consumer data warehouses) or the records of our business partners solely to enhance our records and keep them current (such as by updating your profile with a new address, interests, and the like).
We may use your information to match it with other public and private data sources (such as the U.S. Postal Service and publicly available consumer data warehouses) or the records of our business partners solely to enhance our records and keep them current (such as by updating your profile with a new address, interests, and the like). We also may work with other third parties who also possess your information to engage in advertising and other promotional services, for example, to enhance one or both of our advertising or promotional endeavors.
D. Change of Business.
We may transfer your information in connection with the sale, lease, license, assignment (of part, or all, of our business), acquisition, merger, reorganization or change of control of the Company, our Affiliates, or the division responsible for the Service with which your information is associated, or as part of a bankruptcy proceeding.
E. For Legal Purposes.
In certain situations, we may be required to disclose personal data in response to lawful requests from public authorities, including to comply with national security or law enforcement requirements. We reserve the right to disclose information we collect from you, or that you provide to us, as required by law, in response to legal process and law enforcement requests, when we believe, in good faith, that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, respond to a government request, and to protect the rights or property of the Company, its Affiliates, users, customers, recipients, Members, Sponsors, Providers, Licensors, Merchants and Associates (as these terms are defined in the Terms of Use).
F. Social Media
Please note that any personal information you reveal or post on one of our public forums (as defined in the Terms of Use ), such as a message board, chat room, blog, discussion group, folder, survey, contest, sweepstakes, user review and rate forum, and all User Submissions, are not protected by this Privacy Notice and may be collected, shared and used by us, and with third parties, including to contact you. Information you provide or post on our public forums, you disclose at your own risk.

HOW LONG WE KEEP YOUR PERSONAL INFORMATION
We may retain your information in accordance with our data retention policies and for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements, or until you request us to stop using it. We may, however, keep some of your personal information to ensure that we comply with your request not to use your personal information or comply with your right to erasure. For example, we must keep your request to be erased, even if it includes your personal data, until such time as you are no longer our customer.
If you have questions about our data retention policies, or would like a copy of such policies, please contact us as noted below.

HOW YOUR INFORMATION IS SECURED
The security of your personal information is important to us.
If you place an order on our Website, it encrypts the credit/debit card number you submit prior to transmission over the Internet using secure socket layer (SSL) encryption technology. This technology works best when the website is viewed using Microsoft IE®, Google Chrome®, Mozilla Firefox®, and Apple Safari® browsers. However, no transmission of data over the Internet or any other network can be guaranteed to be 100% secure. Although we make reasonable efforts to safeguard personal information once we receive it, we cannot warrant the security of information we receive.

HOW TO LIMIT THE USE OF OR MODIFY YOUR INFORMATION
We want to communicate with you only to the extent you want to hear from us.
Any promotional email we send to you (or your gift recipient after consent, where required by law) will include an “unsubscribe” link to use or a link to opt-out of receiving further promotional emails from the sender.
If you wish to set your preferences concerning promotional communications, or you prefer not to have your personal information shared with third parties, please let us know by contacting us as noted below in the “How to Contact Us” section and identify your preferences regarding promotional communications and the sharing of your contact information. Your instructions will be processed as soon as reasonably practicable and in accordance with law.