INFORMATION WE RECEIVE, COLLECT AND USE
Personally Identifiable Information
As a general matter, we do not collect personally identifiable information about you unless you provide us with such information via registration or participation in or certain uses of the Service, including without limitation becoming a Member or Registered User, creating or posting a listing or comment, or taking part in any activities on or made available through the Website or Services for which we specifically request personally identifiable information. We also may require you to provide additional personally identifiable information when accessing or using certain services, registration, or features, such as name, email address, your phone number, billing, shipping and other credit card or payment processing information.
Any credit card or other method of payment you use for services we directly provide to you will be handled by a third-party payment processor that will determine the information it needs from you; that third-party payment processor, not us, will be responsible for obtaining and maintaining your information under its own terms and policies, including whether any of that information is shared with us and, if so, under what conditions. Under no circumstances do we permanently store credit card information either on or outside the Website.
On the other hand, if Plants and Petals were to offer features or services involving goods or services, if any, that we, as opposed to third parties, may directly provide to you, we may use and share or disclose certain personally identifiable information to address fulfillment requirements including billing, payment, and shipping. For example, if we, not a third party, were to send you a good, we may use a third-party shipper and, in turn will provide that shipper with the necessary information to have them deliver the merchandise to you.
Your Submissions. As part of your use of the Website or Service, you consent to and authorize us to share, disclose or otherwise use your profile name and any Submission, including without limitation, any image or photo you previously provided on the Website in communications on the Website. For example, your profile name may appear in a publicly accessible feed or page on the Website in addition to any images you have chosen to publicly share with other users, e.g., as part of a listing.
Connecting through a Third Party. We also may share, disclose, or otherwise use your personally identifiable information or likeness with your consent or authorization, including without limitation, such information collected through a third-party service which you have chosen to provide us by using that service to connect or sign on to the Website.
Non-Personally Identifiable Information
In addition to information you provide and we maintain, we may collect certain information by automatically recording your IP address, placing “cookies” on your computer (see below for more details), and/or creating log files or mechanisms. None of these methods collect personally identifiable information about you.
We use such non-personally identifiable information to help us recognize your browser, enable your use of certain Website functionality, diagnose problems with our servers, administer and improve our Website, understand your preferences, tailor advertising or other information for you based on information derived from your IP address, “cookies” or log files, and generally enhance your overall experience on the Website and/or with the Service.
We gather for our use broad demographic information about our users as well as specific information associated with your use of the Service or particular Website features (e.g. frequency of use and viewing history) and any other information you provide to us directly or via your use of the Website. However, we also may collect and report to third parties aggregate, non-personally identifiable information about you and other users (e.g., demographic profile of our users), your collective opinions (e.g., number of users from a particular region prefer one service over another), and your collective Website usage and behavior (e.g., number of users during a specific period who engaged in certain activity on or through the Website).
We may retain an archived copy of your information, including personally identifiable and non-personally identifiable information, Submissions, and other information you provided or we acquired as a result of your use of the Website or Service, as required by law or for legitimate business purposes.
We use both session cookies and persistent cookies on this Website. A persistent cookie is stored by the browser and remains after you close your browser. Your browser may use persistent cookies on subsequent visits to the Website. Persistent cookies remain valid until a set expiry date; however, they can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser.
You can delete cookies already stored on your computer and/or reset your web browser to refuse all cookies or to notify you when a cookie is being sent so that you can accept or refuse it. However, please note that some features of the Website may not function properly or as intended if the ability to accept cookies is disabled. Also, if you change your computer, change your Internet browser (e.g. from Internet Explorer to Firefox), or delete all your cookies, you will need to renew your preferences.
Log File Information. When you use the Website, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
Clear GIFs Information. When you use the Website, we may employ “clear GIFs” (a.k.a. Web Beacons) which are used to anonymously track your online usage patterns (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to you to track which emails are opened by recipients.
INFORMATION THIRD PARTIES RECEIVE, COLLECT AND USE
Advertising-Related Data Collection
We may share aggregate, non-personally identifiable information with third parties, including, as noted below, advertisers, advertising networks or advertising servers. However, we do not knowingly provide any personally identifiable information to any of these third parties without your consent or except as part of a specific program or feature for which you have the ability to opt-in or opt-out (see, e.g., the National Advertising Initiative (“NAI”) and the Digital Advertising Alliance (“DAA”) described below).
If you would like to contact the advertisers, third party advertising networks and third-party advertising serving companies or other companies with which we have relationships to learn more about their privacy policies and what options (if any) they offer to opt out of their data collection, please visit their web site(s).
Please note that some of these companies may be participants in the Network Advertising Initiative (“NAI”), a cooperative of online marketing and analytics companies committed to building consumer awareness and establishing responsible business and data management practices and standards and/or the Digital Advertising Alliance (“DAA”) which similarly has a program for online behavioral advertising that offers consumers a better understanding of and greater control over ads that are customized based on their online behavior (also called “interest-based” advertising).
Click here to learn more about NAI and how you may opt-out of targeted advertising delivered by NAI member ad networks and here about DAA and opting out. If you prefer not to receive interest based content and advertisements, or do not wish to enable other services which make use of our data, you can always opt-out by clicking here. After you opt-out, we will not enable or serve interest-based content and targeted advertisements or enable the other services. Please note that opting-out does not turn off other advertisements and does not cover the collection of Log File Information (though no ads are sent to you in connection with such services).
Information for Commercial or Marketing Purposes
SECURITY AND CONFIDENTIALITY
The security of your personally identifiable information is important to us, and so we take commercially reasonable steps to maintain the security of that information. Remember, though, no method of transmission over the Internet or method of electronic storage is perfect or 100% secure. Nor can we control the actions of other users or persons with whom you share your information or to whom you make your information publicly available. Therefore, we cannot and do not guarantee or warrant the security of any information you provide through your use of this Website or its Service, including without limitation, no guarantee that only authorized people will view your information and that the information may not be disclosed, accessed, altered, become publicly available, or even destroyed. You agree that you provide information at your own risk and specifically release us from any liability related in any way to such information or breach of security.
Likewise, we are not responsible for any third party violations or efforts to circumvent any privacy settings or security measures on the Website. Any user identification names or passwords you use (whether provided by you or us) shall be maintained by you as confidential and should not be shared with anyone not authorized to have access to your personally identifiable information. You are responsible for and should take steps to reduce the risk of disclosure of such identification names or passwords, including, without limitation, using different passwords than you use elsewhere, using strong passwords, and updating your antivirus software on a regular basis.
You specifically acknowledge and understand that any Submission or other information posted by you or provided to us to be posted, displayed, or otherwise made available on publicly accessible portions of the Website may be read, copied, or utilized by any person with access to such portions of the Website.
You are responsible for any Submission you choose to make, including without limitation, any containing personally identifiable information, and all such Submissions will be publicly available, meaning it and its entire content can be seen, collected, or used by others for any purpose. You also understand and agree that we have no obligation to secure, retrieve or bear responsibility for any such Submissions or information you make or agree to make publicly available. As an example, we suggest you avoid posting or sharing information, photos, videos or other content that you do not want to become public or would not share with a stranger (or that you wouldn’t want a co-worker, family member or employer to view).
We also urge you to keep in mind that there is no guarantee that a user or other person on the Web is who they say they are, and that you should be cautious about connecting with people (on or away from the Website) you “meet” via the Website, but don’t otherwise know personally.
Finally, we reserve the right to take any action with respect to information posted on the Website, including, but not limited to, taking down information or other materials and terminating your account and rights of use. However, we cannot, nor do we, review, edit and/or control the information provided by any user or other provider who makes information and content publicly available through the Website.
We also may use the account information to determine eligibility for or make certain features or services available to users. Therefore, if there are errors in the account information or your personally identifiable information changes or needs to be updated, you are responsible for making the needed corrections or updates.
SUBMISSIONS AND SHARING
Submissions. In general, we are not responsible for and have no obligation to remove any Submission you make, including without limitation, those containing personally identifiable information or images such as your name, likeness, or the names and/or likenesses of others contained in the images, from any publicly available locations upon your request, whether on the Website or elsewhere. You, however, are responsible for the contents of all Submissions and all activities associated with your account and/or use of the Website and Service.
USER PREFERENCES OR SETTINGS AND OPTING OUT
If you have opted to receive marketing information from such third parties, you may contact those parties to opt–out of receiving such communications from them.
We reserve the right to disclose (on a confidential basis) and/or transfer your personally identifiable information to our affiliates, or to a third party in connection with the sale of all or substantially all of our stock or assets.
LEGALLY REQUIRED DISCLOSURES OR HARM PREVENTION
We may be required by applicable law, subpoena, court order or other legal process (including without limitation, rendering assistance to government enforcement agencies) to disclose or retain for some period your personally identifiable information and/or non-personally identifiable information. It is our policy to comply with any such requirements (including a good-faith belief that such requirement exists), and you agree we shall have no liability for any such disclosure or retention.
COMMUNICATIONS TO AND FROM US
By using the Website, you also have agreed to receive various communications from us. We may use personally identifiable information or other information you have provided in order to transmit those communications to you. Such communications may include without limitation, emails, responses to your inquiries to us, messages via text, RSS, or other messaging technologies, our inquiries to you regarding your account activity or your use of any feature or service on the Website, and notices of developments related to the Website (e.g., service or technical issues, current or new features or services, etc.). We will offer commercially reasonable means to permit you to opt–out of receiving certain such communications. For example, to unsubscribe from our marketing emails, simply open the email and click unsubscribe at the bottom.
CALIFORNIA SHINE THE LIGHT LAW
Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us, once per calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year. To obtain this information from us, please use the Contact Us link on the Website and enter “Request for California Privacy Information” for the subject of your message, and we will send you a reply e–mail containing the requested information. Not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.
CONSENT TO PROCESSING OF INFORMATION IN THE UNITED STATES