Privacy Policy
Last Updated: January 16, 2020
Bloom Nation, Inc. (“BloomNation,” “we”, “us”, “our”)) values our online community. You trust us with your information, and we’re serious about that responsibility. We believe in transparency, and we’re committed to being upfront about our privacy practices, including how we treat personal information we collect or receive from users of BloomNation.com, its social media pages (including Facebook and Twitter pages) and any services offered through BloomNation.com, its affiliated social media pages or premium custom sites operated by Florists utilizing the BloomNation platform (collectively referred to hereafter as the “Site”). We know you care about your privacy, too, so we provide settings that allow you to control how certain information is used on the Site.
This Privacy Policy is incorporated by reference into the Terms of Use . After review of the Privacy Policy, if you have any further questions, please contact BloomNation at info@BloomNation.com.
Information Collected or Received
BloomNation may require users of the Site to give us personally identifiable information, which may include but is not limited to the user’s name, home and business addresses, phone number, email address, valid identification and credit card/payment account information (collectively “Personal Information”). Besides the Personal Information, we may also collect other non-personally identifiable information relative to your use of the Site as discussed below. Certain services offered through the Site may require different types and forms of Personal Information, including delivery address and contact information for recipients of orders. You can opt out of providing Personal Information by not entering it or not using the Site, although not providing Personal Information may hinder your ability to use the Site and/or services offered therefrom .
To become a BloomNation member you are required to provide a valid email address at registration and choose a username or alias and password that may represent your identity on BloomNation.
BloomNation offers you the option of registering an account with us by logging in with an accounts you have established with certain third party sites (e.g. Facebook.com and Google.com) (hereafter, the “Outside Account”). By logging in via the Outside Account, you are granting BloomNation the right to access, utilize and store (if applicable) information (including Personal Information) tied to your Outside Account in connection with your use of the Site. Depending on the Outside Accounts you choose and subject to the privacy settings that you have set in such Outside Accounts and on your account with BloomNation, the information you make accessible via your Outside Accounts (including Personal Information) will be available to BloomNation and on and through your BloomNation account. You can stop sharing the information from Outside Accounts with us by removing our access to that Outside Account.
Depending on which services you choose to use, BloomNation may require additional information, such as a florist/storefront name, billing information (including billing address, phone number, valid identification, credit card information), a mobile telephone number, a physical mailing or delivery address, taxpayer/employer identification number, social security number and/or payment information. For Florists, if you choose to enable direct payment, BloomNation may require information such as your bank account information and/or credit card information in order to verify your identity and provide this service to you.
Users may elect to provide your full name and other personal information (such as birthday, gender, location) to be publicly displayed in connection to your account and activity.
Customer Support. We may collect information about you through your communications with our customer-support team.
Location Information. We collect and store your location information if you enable your mobile device to send it to us, such as by use of geolocation features in the device(s) through which you access the Service, or by inference from other information we collect (for example, your IP address indicates the general geographic region from which you are connecting to the Internet). We use location information to provide you with features, notifications, advertising, or other content that is influenced by your location.
Making Payments. If you are a Customer, our service providers will collect and process your payment information. We do not collect or store any payment card information, though we may receive information about completed transactions that does not include credit card or bank account numbers.
How We Use Information
Your username, BloomNation ID or alias is publicly displayed and connected to your BloomNation profile. Your profile will also provide the date you joined the Site, feedback, ratings, profile information, items listed for sale, shop pages, sold item listings, and comments in community spaces.
We use the information we collect from the Service mainly as follows: (i) to provide, maintain, protect and improve the Service (including data analytics), to develop new ones, and to protect BloomNation, Florists, and Customers; (ii) to respond to your submissions, questions, comments, requests and complaints and provide customer service; (iii) as part of our efforts to keep the Site safe and secure; (iv) to protect BloomNation’s rights or property; (v) for internal operations, including troubleshooting, data analysis, testing, research, customization, and improvements to service and experience on the Site; (vi) to send you confirmations, updates, security alerts, and support and administrative messages; and (vii) for any other legitimate business purpose such as billing, identification and authentication purposes, or for which the information was collected. BloomNation may use information to provide online advertising on the Site and to send you information we think may be useful or relevant to you. You may opt out of email marketing by using the unsubscribe link in a marketing email or you may opt out by altering your account settings.
BloomNation automatically receives and records some information from your browser when you visit the site, such as your IP address, cookies and data about which pages you visit on the site through the use of log files provided by our third-party tracking-utility partners as discussed below in the Cookies & Tracking Technologies section of this Privacy Policy. This information helps us analyze and understand how the site works for members and visitors.
For personal data that is subject to General Data Protective Regulation 2016/679 (“GDPR”), we rely on several legal bases to process your data, which include (i) when you have given consent, which you may withdraw at any time by using the opt out in any email communication and other tools; (ii) when data processing is necessary to perform a contract with you, such as the Terms of Use, and (iii) our legitimate business interests, such as improving and personalizing the Services, marketing new features, services or products that may be of interest to you, contacting you, and promoting safety and security of the Site, Florists, and Customers.
Minors
BloomNation does not knowingly allow any users under the age of eighteen (18) to use or otherwise access to the Site. BloomNation does not seek any Personal Information (or any information at all) from any persons under 18 years old. If you are under 18 years old, you may not use the Site.
Choice & Control
We know members of our community value having control over their own information, and therefore BloomNation gives you the choice of providing, editing or removing certain information, as well as choice over how we contact you. We give you account settings and tools to access and control your personal data regardless of where you live. If you live in the European Economic Area, United Kingdom, and Switzerland (“Designated Region”), you have several legal rights regarding your information as discussed below.
Accessing and Exporting Data. By logging into your account, you may access your personal information and you can also download your personal information in a common file format.
Editing and Deleting Data. In your account settings, you can change or delete your personal information. Additionally, you may delete your account if you wish. If you choose to delete your account, most of your information will be deleted within 30 days, but it may take up to 90 days to delete all your data and other data stored in our backup systems due to size and complexity of our systems used to store data.
You may change or correct your BloomNation account information (except your username) at any time. You may remove certain optional information you no longer wish to be publicly visible, such as your full name.
Objecting or Restricting Data Use. In your account settings, you have options to control our use of your data. You may limit how your information is visible to other users or made publicly available; and limit the notifications or emails you receive from us. Please note that should you opt-out of receiving notifications or emails from us, you will still receive administrative messages from us. If you are receiving texts sent via the Service and you wish to opt out, reply STOP to any such message, or send an email with your cellphone number and the subject line “Opt-Out” to info@bloomnation.com.
If you live in a Designated Region, you have the right to object to our processing of your information based on our legitimate interests and the right to object to the use of your information for direct marketing purposes. You may control our marketing communications to you by accessing your account settings. Additionally, you should review our COOKIES AND TRACKING TECHNOLOGIES section for your options to control how we and our partners use cookies and other technologies for advertising. If you no longer wish to use BloomNation’s services or receive service-related messages, then you may close your account.
If you have any questions about how to exercise these choices, please e-mail us at info@bloomnation.com
Messages from BloomNation
On occasion, BloomNation will send you messages if you have chosen to receive such messages and submitted either your e-mail address or a physical mailing address to the Site. The default, required form of communication is email. In some situations, BloomNation may send you physical mail or text messages.
Some messages from BloomNation are service-related and required for members. Examples of service-related messages include, but are not limited to: a welcome/confirmation email when you register your account, notification of an order, or correspondence with BloomNation’s support team. These messages are not promotional in nature. You may not opt-out of receiving service-related messages from BloomNation, unless you close your account.
As a member, BloomNation may also send you messages related to certain features on the site or your activity. BloomNation may also send you news or updates about changes to our site or services. By default, members will receive these messages via email. You may elect to opt-out of receiving these BloomNation emails at any time after registering by e-mailing us at unsubscribe@bloomnation.com, by writing to us at the address contained herein, or by hitting the “unsubscribe” button at the bottom of any of our e-mails.
BloomNation also offers optional email newsletters. You must opt-in or subscribe to begin receiving newsletters, and subscription is available to both members and non-members. Members may subscribe or unsubscribe from optional newsletters under your account settings or by following the instructions contained in the newsletter emails. Non-members may subscribe by providing an email address, which will only be used by BloomNation for these newsletters. Non-members may unsubscribe from newsletters by following the instructions contained in the newsletter emails.
Community
BloomNation is both a marketplace and a community. We provide areas on the Site where you can publicly post submit information and content about yourself or your business and can communicate with others, such as the Marketplace (including Florist Storefronts and related listings), the community forum or blog. Please use common sense and good judgment when posting in these community spaces or sharing your personal information with others on BloomNation. By engaging in such conduct, you acknowledge your understanding that any such information or content you supply to these community spaces may be accessible by other users and may appear on other websites or web searches, and therefore, this information could be read, collected, and used by others throughout the world. For example, if you post your email address on your Storefront, you may receive unsolicited messages from other users who can access the Site. We have no control over who reads your public postings or what other users may do with the information you voluntarily post. BloomNation generally does not remove content from community spaces, and your posts may remain public after your account is closed. You are responsible for the personal information you choose to post in community spaces on BloomNation.
Information Sharing & Disclosure
BloomNation generally limits access to your Personal Information to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.
As part of the buying and selling process, BloomNation will share information between the two members involved in the transaction. In connection with such a transaction, the buyer or Customer’s email address, billing and delivery addresses, credit card or payment information, and/or other information necessary to consummate the transaction will be provided to the seller or Florist. Similarly, the seller or Florist’s e-mail and mailing address and other information necessary to consummate the transaction will be provided , As described in BloomNation’s Terms of Use, you have a limited license to use this information only for BloomNation-related communications or for BloomNation-facilitated transactions. BloomNation does not grant either party any license to use the information for any other purposes, including unsolicited commercial messages. Without express consent from that person, you may not add any BloomNation member to your email or physical mailing list.
BloomNation may release your personal information to a third-party in order comply with a subpoena or other similar legal procedure, or when we believe in good faith that such disclosure is necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate or take action regarding illegal activities, suspected fraud, or violations of BloomNation’s Terms of Use. We may disclose personally identifiable information to parties in compliance with our legal obligations, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. In such events, BloomNation may disclose user or company name, address, phone number, and/or email address as determined by us in our sole and exclusive discretion.
BloomNation is affiliated with a variety of businesses and works closely with them (including, without limitation, Yelp.com). These businesses may offer promotions or sell items or services to you through BloomNation’s services. BloomNation may also provide services or sell products jointly with affiliated businesses. Due to the nature of our business model, when an affiliated business is associated with your transaction, we may share information that is related to such transaction with or through that affiliated business. BloomNation may share aggregated demographic information with business partners that cannot be reasonable used to identify an individual.
BloomNation employs third party service providers (including, without limitation, Yelp.com) to perform tasks on our behalf, and we need to share your information with them to provide products and services to you. Examples include but are not limited to fulfilling orders, processing payments, handling billing disputes and collections, analyzing data, providing marketing assistance and providing customer service. BloomNation may also partner with third party service providers for fraud prevention and/or identity verification. Your information will be treated as private and confidential by such third party service providers and not used for any other purpose than we authorize.
In the event that BloomNation is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, BloomNation reserves the right to sell or transfer user information (including Personal Information) as part of any such transaction. If we are involved in a merger, acquisition, or sale of assets, we will continue to take measures to protect the confidentiality of personal information and give users notice before transferring any personal information to a new entity. To the maximum extent allowable by law, the Privacy Policy will apply to the user information as transferred to the successor entity. However, user information submitted after a transfer to a successor entity may be subject to a new privacy policy adopted by the successor entity. When you a load a page on the Site that has a social plug-in from a third-party site or service, such as a Facebook Like or Send button, you are also loading content from that third-party site. That site may request cookies directly from your browser. We have no control over these interactions and they are subject to the privacy policy of the third-party site. You will need to check the privacy policies of these third-party sites to understand their policies and how they treat information you provide to them.
We can only speak for ourselves; this policy does not apply to the practices of third parties that BloomNation does not own or control, or individuals that BloomNation does not employ or manage. If you provide your information to others on BloomNation or throughout the Internet, different rules may apply to the use or disclosure of the information you provide to them. BloomNation does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. BloomNation is not responsible for the privacy or security practices of other websites on the Internet, even those linked to or from the BloomNation site. We encourage you to ask questions before you disclose your personal information to others.
Cookies & Tracking Technologies
BloomNation uses a variety of technologies to help us better understand how people use the Site.
A cookie is a small data file sent from a web site to your browser that is stored on your computer’s hard drive. BloomNation uses our own cookies for a number of purposes, including to access your information when you sign in; keep track of preferences you specify; display the most appropriate content based on your interests and activity on BloomNation; estimate and report BloomNation’s total audience size and traffic; conduct research to improve our content and services. You can configure your browser’s settings to reflect your preference to accept or reject cookies. If you reject all cookies, you will not be able to take full advantage of services offered by the Site.
We use Flash cookies (a.k.a local shared objects or LSOs) to store some of your viewing preferences on our site. Flash cookies are used to collect and store information, but differ from browser cookies in the amount, type and manner in which data is stored. BloomNation does not tie the information gathered by Flash cookies to your personally identifiable information.
BloomNation may partner with third-party services who may use various tracking technologies, such as browser cookies or Flash cookies, to provide certain services or features. These technologies allow a partner to recognize your computer each time you visit BloomNation, but do not allow access to personally identifiable information from BloomNation. BloomNation does not have access or control over these third-party technologies, and they are not covered by our privacy statement. You may be able to change browser settings to refuse and/or disable cookies when you access the Site through a web browser. The steps to do this vary depending on the browser used, but generally can be found by using the “Help” feature available on your browser. However, if you do that, the Site may not work properly and/or personalized features of the Site will be disabled. BloomNation is not presently configured to respond to DNT or “do not track” signals from web browsers.
Security
The security of your personal information is important to us. Your BloomNation account information is protected by a password. It is important that you protect against unauthorized access of your account and information by choosing your password carefully, and keeping your password and computer secure by signing out after using our services. Each password owner is responsible for keeping the password confidential and safe, as BloomNation has no control or responsibility for this type of user information. If the password may have been stolen or might otherwise be misused, it is the responsibility of the password owner to notify BloomNation immediately for further action.
BloomNation encrypts sensitive information (such as credit card number) using secure socket layer technology (SSL). BloomNation follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once BloomNation receives it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. Your data may be lost during transmission or may be accessed by unauthorized parties. We do not accept any liability for direct or indirect losses as regards the security of your Personal Information or data during its transfer over the Internet.
Data Retention
BloomNation will retain your information for as long as your account is active or as needed to provide you services. If you no longer want BloomNation to use your information to provide you services, you may close your account. BloomNation will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
International Users
The Site is exclusively hosted in the United States. If you are user accessing the Site from the European Union, Australia, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please note that you are transferring your personal data to the United States which does not have the same data protection laws as such other regions. User information (including Personal Information or “personal data” as defined by foreign laws) collected through the Site may be stored and processed in the United States, and by using the Site, you consent to any such transfer of information outside of your home country. If you wish to withdraw your consent, you can delete your account as described in CHOICE AND CONTROL section of this Privacy Policy.
For Residents of the State of California Only
The California Consumer Privacy Act (the “CCPA” or “Act”) provides California residents with specific rights regarding their personal information. It should be noted that personal information under the Act does not include publicly available information from governmental records and de-identified or aggregated consumer information. This section describes your rights under the Act and explains how to exercise those rights.
Right to Personal Information.
As required by the Act, we will provide you the following information upon a verifiable consumer request: (1) categories of Personally Identifiable Information that we collect; (2) categories of sources from which the Personally Identifiable Information is collected; (3) the purpose of collecting such Personally Identifiable Information; (4) the categories of third parties with whom we share Personally Identifiable Information; and (5) specific pieces of Personally Identifiable Information collected. If we sold or disclosed your Personally Identifiable Information for a business purpose in the preceding 12 months, we will provide (a) a list of the categories of personal information that was sold, and (b) a list of the categories of personal information that was disclosed for a business purpose.
Right to Request Deletion of Personal Information.
According to the Act, you may request that your Personally Identifiable Information be deleted. We will comply with this request once we are able to confirm that we received a verified consumer request. Please be advised that we may deny your request to delete your Personally Identifiable Information if we need to maintain your Personally Identifiable Information in order to (1) complete a transaction, provide service or goods, or perform a contract for which the Personally Identifiable Information is collected; (2) detect any security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for these activities; (3) debug products and to identify and repair errors that impair functionality of the Service or Website; (4) exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided by law; (5) comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.); (6) engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent; (7) enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; (8) comply with a legal obligation; or (9) otherwise use your Personally Identifiable Information, for internal use only, that is compatible with the context in you provide the Personally Identifiable Information.
Exercising your CCPA Rights.
To request (a) information about your Personally Identifiable Information collected or (b) deletion of your Personally Identifiable Information, please email legal@bloomnation.com, log into your account and make a request, or standard mail to the address found below.
We can only respond to verifiable consumer requests. A verifiable consumer request means a request that is made by consumer, by a consumer on behalf of a consumer’s minor child, or a person registered with the California Secretary of State that is authorized to act on your behalf. Your verifiable consumer request must include (1) sufficient information that allows us to verify your identity or provides sufficient authority to make the request; and (2) describes you request with enough detail to evaluate and respond to your request. We will not respond to any requests if we cannot verify your identity or authority to make the request and confirm that the personal information belongs to you. You are not required to create an account in order to make a verifiable consumer request. We are not required to comply with more than two verifiable requests from the same consumer in a 12-month period of time.
Please allow 45 days to complete your request. We will inform you if more time is required to complete, but it should take no longer than 90 days. If you have an account, we may provide our response to your account. If you do not have an account, we will provide our response according to your requested format, namely, electronically or by mail. Please note that there is no charge for making a request, but we reserve the right to charge a fee if the request is deemed excessive, repetitive, or manifestly unfounded. We will notify you of any fee and reasons for such fee before completing your request.
Right to Opt-out of the Sale of Personal Information.
According to the Act, you have the right to opt-out of the sale of your Personally Identifiable Information. BloomNation has not sold your personal information in the preceding 12 months and does not sell your personal information. We use and share your information as described in this privacy policy and do not believe this use and sharing is a sale as defined by the CCPA.
Non-Discrimination.
We will discriminate against you because you exercised your rights under the CCPA including: (1) denying goods or services; (2) charging different prices or rates for goods or services through discounts, benefits, or imposing penalties; (3) providing different level of quality of goods or services; or (4) suggesting that you will receive a different price, rate, quality, or level of goods or services.
Privacy Policy Changes
BloomNation reserves the right to modify this privacy statement at any time, so please review it periodically. We’ll communicate changes by posting a notice on the Site. If we make material changes to this policy you will be notified here, by email, or other places BloomNation deems appropriate.
LEGAL DISCLAIMER
The Site operates “AS-IS” and “AS-AVAILABLE,” without warranties of any other kind. We are not responsible for events beyond our direct control. This Privacy Policy is governed by the laws of the State of California, excluding conflicts of law principles. Any legal actions against BloomNation arising out of or related to the Site or any services offered thereon must be commenced in the County of Los Angeles in the State of California in the United States of America.
Contact BloomNation
If you have questions or suggestions you can contact BloomNation’s support team by sending an email to legal@BloomNation.com, or writing to:
BloomNation Support Team – Privacy Policy
1316 Third Street Promenade, Suite 301
Santa Monica, CA 90401