Privacy Policy

We, Club Botanic, LLC, dba “Club Botanic”, are committed to protecting and respecting your privacy. This Privacy Policy (together with our Terms and any other documents referred to herein) describes how information about you is collected, used and disclosed by Club Botanic, LLC and our subsidiaries and other affiliates (collectively, “Club Botanic,” “we,” “us” or “our”) when you access or use the websites, mobile applications or blogs provided by us, including located at www.clubbotanic.com (collectively, the “Sites”) or otherwise interact with us.

By visiting or browsing the Club Botanic website located at the Sites, you consent to Club Botanic’s collection, use, storage, deletion, transfer, and disclosure of personal information relating to you as set forth in this Privacy Policy.  This Privacy Statement is effective as of the date set forth above and covers our collection, use, and disclosure of information we collect through the Sites.

Club Botanic reserves the right to change or modify this Privacy Policy at any time and in our sole discretion. If we make changes to this Privacy Policy, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of this Privacy Policy. We encourage you to review this Privacy Policy whenever you use or access the Sites or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy.

1.        COLLECTION OF INFORMATION

Information You Provide to Us

We collect information you provide directly to us. For example, we collect information when you register for a Club Botanic account, sign up for a subscription, participate in any interactive features of the Sites, subscribe to a newsletter or email list, participate in a survey, contest, promotion or event, order or purchase (either for yourself or for another person) flowers, bouquets or other products made available through the Sites (collectively, the “Products”), apply for a job, communicate with us via third party social media sites, request customer support or otherwise communicate with us.

The types of information we may collect from you include:

(a) Account Information, such as your name, email address, password, postal address, phone number, subscription, delivery preferences and any other information you choose to provide;

(b) Transaction Information, such as information about the Products you purchase, shipping and delivery information and information related to returns, refunds and cancellations. We may also collect and store limited payment information from you, such as payment card type and expiration date and the last four digits of your payment card number; however, we do not collect or store full payment card numbers and all transactions are processed by our third party payment processor.

(c) Information About Others, such as the names and email addresses of gift recipients when you purchase gifts through the Sites or invite friends or family to try the Sites or Products.

(d) Other Information You Choose to Provide, such as when you participate in a survey, contest, promotion or interactive area of the Sites or when you request technical or customer support.

Information We Collect Automatically

When you access or use the Sites, the types of information we may automatically collect about you include:

(a) Log Information: When you visit the Sites, our servers automatically record certain log file information, such as your Internet Protocol (“IP”) address, operating system, browser type and language, referring URLs, access times, pages viewed, links clicked and other information about your activities on the Sites.

(b) Mobile Device Information: We collect information about the mobile device you use to access or use the Sites, including the hardware model, operating system and version, unique device identifiers, mobile network information and information about your use of our mobile applications. With your consent, we may also collect information about the location of your device and access and collect information from certain native applications on your device (such as your device’s camera, photo album and phonebook applications) to facilitate your use of certain features of the Sites. For more information about how you can control the collection of location information and/or our access to other applications on your device, please see “Your Choices” below.

(c) Information Collected by Cookies and Other Tracking Technologies: We and our service providers use various tracking technologies, including cookies and web beacons, to collect information about you when you interact with our Sites, including information about your browsing and purchasing behavior. Cookies are small data files stored on your hard drive or in device memory that help us improve the Sites and your experience, see which areas and features of the Sites are popular, and count visits. Web beacons are electronic images that may be used in the Sites or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Sites. We also may collect other technical information from users of the Site, including their IP address, browser type, domain names, and access times.

Information We Collect From Other Sources

We may also obtain information about you from other sources and combine that with information we collect directly. For example, we may collect information about you when you post content to our pages or feeds on third party social media sites, or if you use credentials (e.g., username and password) from a third party site to create or log into your Club Botanic account.

2.        COLLECTION OF INFORMATION

We may use information about you for various purposes, including to:

(a) Provide, maintain and improve the Sites and Products;

(b) Manage your account and send you related information, including confirmations, updates, technical notices, security alerts and support and administrative messages;

(c) Respond to your comments, questions and requests and provide customer service;

(d) Communicate with you about the Sites, Products, recipes, services, offers, surveys, events and other news and information we think may be of interest to you;

(e) Monitor and analyze trends, usage and activities in connection with the Sites;

(f) Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of Club Botanic and others;

(g) Personalize and improve the Sites and provide advertisements, content and features that match your profile or interests;

(h) Facilitate contests, sweepstakes and promotions and process and deliver entries and rewards;

(i) Link or combine with information we get from others to help understand your needs and provide you with a better experience; and

(j) Carry out any other purpose for which the information was collected.

Club Botanic is based in the United States, and the information we collect is governed by U.S. law. By accessing or using the Sites or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.

3.        SHARING OF INFORMATION

We may share information about you as follows or as otherwise described in this Privacy Policy:

(a) With vendors, consultants and other service providers who need access to such information to carry out work or perform services on our behalf;

(b) We may make our postal address list available to certain third parties we believe may offer products or services of interest to you;

(c) When you participate in the interactive areas of the Sites or interact with us on third party social media sites, certain information that you provide may be displayed publicly, such as your name, photos and other information you choose to provide;

(d) In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, rule, regulation or legal process;

(e) If we believe your actions are inconsistent with our Terms of Use[a] or other policies, or to protect the rights, property or safety of Club Botanic or others;

(f) In connection with, or during negotiations of, any merger, acquisition, sale of assets or any business, other change of control transaction or financing;

(g) Between and among Club Botanic and any current or future parent, subsidiary and/or affiliated company; and

(h) With your consent or at your direction.

We also may share aggregated or de-identified information, which cannot reasonably be used to identify you.

4.        DE-PERSONALIZING YOUR INFORMATION

We may make your personal information non-personally identifiable by either combining it with information about other users (aggregating your personal information with information about other users), or by removing characteristics (such as your name or email address) that make the information personally identifiable. This process is known as de-personalizing your information. You grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use your personal information in connection with the creation and development of analytical and statistical analysis tools relating to the use of the customer data we collect on the Sites (the “Analytical Data”). We are expressly authorized to make any commercial use of the Analytical Data, including without limitation, sharing the Analytical Data with third parties.

5.         “DO NOT TRACK”

In compliance with California legislation, AB370, effective January 1, 2014, Club Botanic’s practices in responding to “do not track” signals and collecting user information over time and across a network of websites when you visit the Sites are described below. We honor the request of “do not track” signals sent by your browser when you visit the Sites. Additionally, Club Botanic does not collect user information about your online activities over time and across different websites, or authorize third parties to do so.

6.        GOOGLE

Our Sites use Google AdWords and Google Analytics to help us learn about who visits our Sites and what pages are being viewed.

7.        SOCIAL SHARING FEATURES

The Sites may offer social sharing features and other integrated tools, such as the Facebook, Twitter and Pinterest buttons (e.g., “Like,” “Tweet” and “Pin It”), which let you share actions you take on the Sites with other media. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

8.        ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS

Interest-Based Ads

We may allow others to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may use cookies, web beacons and other technologies to collect information about your use of the Sites and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on the Sites and other websites and better understand your online activity. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.

Customized Ad Campaigns

We may also work with third party social media sites, such as Facebook, to serve ads to you as part of a customized campaign, unless you notify us that you prefer not to have information about you used in this way. For more information about how you can opt out of customized campaigns, please see “Your Choices” below.

9.        SECURITY

Club Botanic takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to or from us over the Internet. In particular, email sent to or from the Sites may not be secure, and you should therefore take special care in deciding what information you send to us via email.

The personal information that you provide to us is stored on servers that are located in secured facilities and protected by protocols and procedures designed to ensure the security of such information. In addition, Company employees and agents who have access to your personal information are trained in the maintenance and security of that information. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the Sites and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.

10.        CHILDREN’S PRIVACY

We do not knowingly collect any personal information from children under the age of 13, allow them to create accounts, enter into payment transactions, order flowers, sign up for newsletters, or browse the Sites. Users are not allowed to give to Club Botanic the personal information of any children under the age of 13 for delivery purposes or any other reason. Club Botanic takes children’s privacy seriously and encourages parents to play an active role in their children’s online experience at all times. We urge parents to instruct their children never to give out their real names, addresses, or phone numbers, without parental permission, when on-line. If you have any concerns about your child’s personal information, please contact us at hello@clubbotanic.com.

11.        ADDITIONAL INFORMATION YOU SHOULD KNOW ABOUT THIRD PARTIES

Please be aware that we cannot control the activities of third parties to whom we provide data, and as such we cannot guarantee that they adhere to the same privacy and security procedures as Club Botanic.

When you click on a third party logo or URL displayed on our Sites which links you to a different website, our Privacy Statement no longer applies and you must read the privacy policy of the third party to see how your personal information will be handled on their website. If you cannot find their privacy policy, then you should contact the respective webmasters of those websites to obtain information regarding their information collection, use and disclosure policies. We are not responsible for their collection and use of your personal information.

Without limiting the generality of the foregoing, you authorize us to share your information with Stripe, Sidecar, Uber, Routific, PayPal, Authorize.net, and Federal Express. We strongly advise you to read each of their privacy policies.

12.        CONTROL OF YOUR INFORMATION

Club Botanic allows you to control the way we use personally identifying information that we might obtain. At the time you provide personal information, we may give you the option of declining any future offers or information about new products, promotions, or services. In addition, many of the “mailings” Club Botanic may send you, such as newsletters, have procedures within them to cancel the receipt of any future mailings.

13.        CORRECTION OR DELETION OF YOUR ACCOUNT INFORMATION

Any individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his or her query to the following email address: hello@clubbotanic.com, or by postal mail at: Club Botanic, LLC, PO Box 31859, San Francisco, CA  94131

Please include your full name and email address associated with your account and a detailed description of your data request. In some cases, we may not be able to delete your personal information, and will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

14.        CALIFORNIA RESIDENTS: YOUR CALIFORNIA PRIVACY RIGHTS

Under California law, our customers that are California residents may request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. See the section above entitled “USE OF INFORMATION” for more information. Furthermore, we give customers a mechanism to opt out of having their personal information disclosed to third parties for their direct marketing purposes. If you are a California resident, you may opt out of having your personal information shared with third parties and/or receiving information from Club Botanic (via email or postal mail) about new products, services, or promotions, by contacting us at hello@clubbotanic.com or by postal mail at:

Club Botanic, LLC ATTN: California Privacy Request, PO Box 31859, San Francisco, CA 94131

Please include your full name and email address associated with your account and a detailed description of your data request.

15.        GOVERNING LAW

This Privacy Policy is governed by, and construed under, the laws of the United States of America and the laws of the State of California, excluding its choice of law provisions.

16.        MEDIATION

You agree that, in the event any dispute or claim arises out of or relating to this Privacy Statement, you and Club Botanic will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in San Francisco, California with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.

17.        YOUR RIGHTS

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise the right at any time by contacting us at hello@clubbotanic.com. Our Sites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

18.        YOUR ACCESS TO INFORMATION

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of $10 to meet our costs in providing you with details of the information we hold about you.

19.        CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to hello@clubbotanic.com.

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