Privacy Policy

SendMeFlowers LLC

Last updated: November 20, 2024

1. What We Mean by Personal Information

For purposes of this Privacy Policy, “Personal Information” means any information from or about a person that either identifies that person directly or that makes that person identifiable when it is combined with other information from or about that person from any source.

2. Information We Collect

2.1 Information You Provide to Us

When you use the Services or otherwise communicate with us, we collect information that you provide to us directly. For example, we collect information in the following circumstances:

1. You visit the Site.
2. You register for the Services, create an account or profile, or accept the creation of an account or profile on your behalf (an “Account”).
3. You access the Services through social networking sites or third-party services.
4. You subscribe to newsletters.
5. You purchase a product or service on the Site.
6. You invite your friends to join the Services, “share” the Services on social networking sites, or perform other similar actions.
7. You request technical support.
8. You otherwise use online Services where Personal Information is required for such use and/or participation.
9. You sign up for a newsletter.
10. You contact us via the Site or when you otherwise communicate with us.

You can choose not to provide information that is requested of you by us; however, this may limit your ability to use or access the Services.

The information you provide to us directly may include, without limitation, the following information that may, alone or in combination with other data, constitute Personal Information:

• Information you provide in connection with completing a transaction or purchase using the Services as a gifter, including your name, email, and any other information you decide to provide.
• Information you provide in connection with registering an Account as a creator, including your name, email, mailing address, and any other information you decide to provide.
• Information you provide via email, through the “Contact” section on the Site, or by using the contact details listed on various parts of the Site, including your name, email, inquiry, and any other information you decide to provide.
• Information you provide in connection with completing a transaction or purchase using the Services as a gifter, through Intercom, Instagram, and Twitter, including social media profile information, order information, and any other information you decide to provide.
• Information you provide in order to subscribe to our newsletters and updates, including your email, the topic for which you wish to receive updates, or any other information you decide to provide us with. You may always unsubscribe from these emails by following the instructions included.
• If you are one of our customers, suppliers, or prospects, we may process limited Personal Information in the course of our business relationship with you, for example, when you place an order, request a demo, or vice versa. Such Personal Information may include your name, company, title, email, telephone number, address, order details, and, where applicable and relevant, credit registrations and credit limits.
• Transaction and limited (non-PCI) payment data.
• Any other information you may want to share with us, such as Personal Information related to recruitment/job applications.

Moreover, if you contact us, a record of such correspondence may be kept.

Additionally, if another user refers you to us by providing us with your email, we may send you a message. However, we will use your email only to send such other user's message unless you otherwise affirmatively provide your information to us.

2.2 Automatically Collected Information

Most of the data we collect in and through the Site and the Services is technical in nature and is collected and processed automatically through so-called application programming interfaces, software development kits, cookies, and similar software-based technologies. Alone or in combination with other data, such automatically collected data may constitute Personal Information. The data we may collect by automated means may include, without limitation:

• Usage data, including but not limited to search terms entered and pages viewed.
• Network and internet information, including but not limited to URLs, Internet Protocol addresses, bounce rates, use of spoofing, active (TCP/IP) ports, number of sessions initiated, clickstreams, location information, and network/Wi-Fi access points.
• Information we collect on the use of the Site via cookies: Please see the “How We Use Cookies and Other Technologies” section below for more information.

2.3 Information You Post on the Services

The Services may provide chat, forum, or bulletin board tools to users and the ability to create an “avatar,” cover picture, or other customized profile and Account information for creators. Information that you provide through the use of these tools will be available to the public generally.

SendMeFlowers has no obligation to keep private any information that you disclose to other users or the public using these functions. You should exercise caution when deciding to disclose Personal Information through the use of these tools or functions.

We strongly recommend that you do not post any information through the Services that allows strangers to identify or locate you or that you otherwise do not want to share with the public.

Notwithstanding the above,a creator's delivery address and email address provided to us in order to receive gifts from the creator's wish list will not be available to the public generally or to the gifter.

2.4 Information You Share on Third-Party Websites or through Social Media Services

The Services may include links to third-party websites and social media services where you will be able to post comments, stories, reviews, or other information. Your use of these third-party websites and social media services may result in the collection or sharing of information about you by these third-party websites and social media services.

We encourage you to review the privacy policies and settings on the third-party websites and social media services with which you interact to make sure you understand the information that may be collected, used, and shared by those third-party websites and social media services.

3. How We Use Cookies and Other Technologies

The Site and its Services use cookies, which are small text files stored on your device. Cookies help measure page access and feature usage, enabling continuous site improvement.

3.1 Types of Cookies Used

1. Functionality Cookies:
   • These remember user information (e.g., username, language, region) and choices to provide a personalized experience.
   • They store changes you make to web page customization.
   • Flash cookies may also be used to store preferences and display personalized content.
2. You can manage or opt out of functionality cookies through your browser or Flash settings.
3. Pixel Tags, Web Beacons, and Similar Tools:
   • These may be used to track user actions, evaluate marketing campaigns, and compile site usage statistics.

4. How We Use Cookies and Other Technologies

We use the information you provide to us for the following purposes:

1. To further our legitimate interests in providing the Services, including without limitation to collect and remit payment for paid features.
2. To administer your use of the Services and any Accounts you may have with us.
3. To personalize your experience.
4. To provide you with Service announcements or inform you of new releases and features.
5. To provide you with further information and offers from us or third parties that we believe you may find useful or interesting, such as newsletters, marketing, or promotional materials.
6. To perform tasks on behalf of and according to the instructions of a third party, such as payment processors, third-party service providers, or our advertising partners.
7. To enforce our Terms of Service.
8. To resolve disputes between users of the Site or between such users and us.
9. To comply with a legal requirement or process, including but not limited to civil and criminal subpoenas, court orders, or other compulsory disclosures.
10. To further our legitimate interest in protecting our rights, property, or safety and the rights, property, and safety of the Services, our users, or the public.
11. To contact you to obtain feedback regarding the Site and the Services.

Additionally, we use automatically collected information for the following purposes:

1. To further our legitimate interests in monitoring and analyzing the use of the Services and for the technical administration of the Site.
2. To improve the Site and the Services.
3. To generate and derive useful data and information concerning the interests, characteristics, and website use behavior of our users.
4. To verify that users of the Services meet the criteria required to process their requests.

5. Third Parties We Share Personal Information With

We may disclose Personal Information you provide to us or that we collect automatically on the Site and through the Services to the following categories of third parties:

1. Service Providers:
   • Payment processors, web hosting, and data storage service providers.
   • Marketing service providers and communications service providers.
2. Public Authorities:
• Law enforcement, if legally required to do so or if necessary to protect our rights or the rights of third parties.
3. Subsidiaries and Affiliates:
   • Our subsidiaries and affiliates for purposes consistent with this Privacy Policy.
4. Corporate Successors:
   • A subsequent owner, co-owner, or operator of the Site and/or the Services and their advisors in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our stock and/or assets, or in connection with bankruptcy proceedings or other corporate reorganization.
5. Third-Party Merchants:
• Merchants may receive a creator's shipping address, email address, and phone number for order purposes.
6. Operational Third Parties:
   • Ordering staff, advisors, consultants, or other parties assisting in fulfilling our Services.

6. Security

We understand the importance of privacy and the security of Personal Information to our users and have made these a priority. SendMeFlowers uses a variety of industry-standard security technologies and procedures to help protect Personal Information about you from unauthorized access, use, or disclosure.

SendMeFlowers employees are trained on privacy and security issues.

However, we cannot guarantee that unauthorized third parties will never be able to overcome those measures or use your Personal Information for improper purposes. Therefore, we do not promise that Personal Information about you or private communications will be protected from unauthorized disclosure or use.

7. Do Not Track Signals and Similar Mechanisms

Some web browsers transmit “Do-Not-Track” signals to websites. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted or whether they are even aware of them.

We currently do not take action in response to these signals.

8. Managing Your Privacy

We keep your data on your behalf and for your benefit. You can correct, terminate, or delete your Account information by emailing [email protected], where you may also request assistance or a copy of your Account data as a creator.

If you request us to delete your information, SendMeFlowers will limit its access to Personal Information solely to perform the deletion. Information accessible to SendMeFlowers will be deleted within 14 business days.

9. Your Rights

We take steps to help ensure that you can exercise your rights regarding Personal Information about you in accordance with applicable law.

If you would like to access, review, erase, withdraw your consent, or object to/restrict the processing of Personal Data we collect about you, you may submit a request to [email protected].

We will promptly review all such requests in accordance with applicable laws.

Depending on where you live, you may also have the right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any rights concerning Personal Information about you.

We encourage you to first reach out to us at [email protected], so we have an opportunity to address your concerns directly.

10. Your GDPR and California Privacy Rights

We strive to comply with all applicable privacy and data security laws, including the EU's General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act of 2018 (“CCPA”).

10.1 Personal Information Disclosure and Marketing

We currently do not share or disclose your Personal Information to third parties for the third parties' direct marketing purposes. If our practices change in the future, we will implement an opt-out policy as required under California laws.

10.2 Rights Under GDPR and CCPA

Where GDPR and CCPA apply, you may have certain rights, including but not limited to:

Requests to Know

You have the right to request that we disclose:

• The categories of Personal Information we have collected about you.
• The categories of Personal Information about you we have sold or disclosed for a business purpose.
• The categories of sources from which we have collected Personal Information about you.
• The business or commercial purposes for selling or collecting Personal Information about you.
• The categories of Personal Information sold or shared, if any, about you, as well as the categories of third parties to whom the Personal Information was sold, by category of Personal Information for each party to whom Personal Information was sold.
• The specific pieces of Personal Information collected.

Requests to Delete

You have the right to request that we delete any Personal Information about you that we have collected. Upon receiving a verified request to delete Personal Information, we will do so unless otherwise required or authorized by law.

11. Authorized Agents

You may designate an authorized agent to make requests on your behalf. You must provide the authorized agent with written permission to submit a request, and we may require you to verify your identity directly with us.

Alternatively, an authorized agent who has been granted power of attorney pursuant to Probate Code sections 4000-4465 may submit a request on your behalf.

12. Methods for Submitting Consumer Requests and Our Response to Requests

You may submit a request for access or deletion of Personal Information via:

• Email: [email protected]

Upon receipt of a request, we may ask for additional information to verify your identity. Any additional information you provide will only be used to verify your identity and not for any other purpose.

12.1 Acknowledgment and Response Timeline

• We will acknowledge receipt of your request within 14 days of receipt.
• Subject to our ability to verify your identity, we will respond to your request within 45 days of receipt.
• If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

12.2 Protection of Personal Information

In order to protect your privacy and the security of your Personal Information, we will verify your identity prior to taking any action on your request.

12.3 Response Scope

• Disclosures will cover the 12-month period preceding the receipt of your verified consumer request.
• The response will also explain reasons for denial of any request, if applicable.

12.4 Fees

We do not charge a fee to process or respond to verifiable consumer requests unless they are excessive, repetitive, or manifestly unfounded. If we determine that a fee is warranted, we will inform you of the cost and provide an estimate before completing your request.

13. The Right to Non-Discrimination

You have the right not to be discriminated against for exercising your privacy rights described above. Unless permitted by the CCPA or GDPR, as applicable, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through discounts or penalties.
• Provide you with a different level or quality of goods or services.
• Suggest that you may receive a different price, rate, or quality of goods or services.

14. International Transfers of Personal Information

For the purposes of the GDPR, SendMeFlowers LLC is the Data Controller of the Personal Information we collect from you.

SendMeFlowers is based in the United States. As a result, Personal Information collected through the Services and on the Site may be transferred to, stored in, and accessed from the United States and other countries.

14.1 Transfer Compliance

In such instances, we use, transfer, and disclose Personal Information solely for the purposes described in this Privacy Policy and in compliance with applicable laws. We use the EU's approved Standard Contractual Clauses for the transfer of Personal Data (as defined in the GDPR) collected in the European Economic Area to third countries.

15. Data Retention

We retain Personal Information related to your Account for as long as necessary to:

1. Fulfill the purposes for which it was collected.
2. Provide our Services.
3. Address potential legal claims.
4. Comply with our legitimate business interests and applicable laws.

After the retention period ends, we either delete or de-identify the Personal Information.

Important Note: Even if you request deletion of Personal Information, we may be required by law or other obligations to retain certain information. Once such obligations are no longer applicable, we will delete the information in accordance with your request.

16. Changes to This Privacy Policy

Our security and Privacy Policy are periodically reviewed and updated as necessary. This Privacy Policy may change as we update and expand the Services.

16.1 Notification of Changes

• The “Last Updated” legend at the top of this page indicates the most recent revision.
• We will endeavor to notify you of these changes via email but are not liable for any failure to do so.

16.2 Continued Use

Your continued use of the Services after any changes to this Privacy Policy will constitute your acceptance of those changes.

17. Contacting Us

If you have any concerns or questions about this Privacy Policy, please contact us at:

Email: [email protected]