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Privacy Policy

This Privacy Policy (“Policy” or “Privacy Policy”) describes how Instead of Flowers, Inc. (“Instead of Flowers”) collects and uses the Personal Information you provide on our Site: www.insteadofflowers.com. The Policy also describes certain choices available to you regarding our use of your Personal Information and how you can access and update this information. Personal Information is any combination of information, in the possession of or likely to come into the possession of Instead of Flowers, Inc., that can be used to identify, contact, or locate a discrete individual (“Personal Information”). This includes any expression of opinion about such individual. Any information which cannot be used to identify a discrete individual (such as aggregated statistical information) is not Personal Information.

If you have questions or concerns regarding this policy, you should first contact us at sales@insteadofflowers.com.


COLLECTION AND USE OF PERSONAL INFORMATION

The information gathered by Instead of Flowers from this Site falls into two categories:

  1. information voluntarily supplied by visitors to our Site and
  2. tracking information gathered as visitors navigate through our Site.

Information voluntarily provided by you

When using this Site, you may choose to provide us with information to help us serve your needs. The Personal Information that we collect will depend on how you choose to use this Site. For example, we collect contact information such as name, email address, mailing address, billing address, credit card particulars, and phone number.

Website Navigational Information

As you navigate the Site, we may also collect information through the use of commonly-used information-gathering tools, such as cookies and web beacons (collectively “Website Navigational Information”). Website Navigational Information includes standard information from your web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on the Site (such as the web pages viewed and the links clicked).

Uses of Collected Information

Instead of Flowers collects, uses, and discloses your Personal Information (including individuals associated with you, all of whom are referred to as “you” in this Privacy Policy) in its normal course of business for the following purposes:

  • Establishing and maintaining communications with you
  • Where you have requested a meal or a service from us, assisting in the provision of the services or delivery of the meal
  • Responding to your inquiries about your account or other services
  • Making proposals for your future needs
  • Allowing our affiliated companies to notify you of certain products or services offered by our affiliated companies
  • Processing transactions through service providers
  • Protecting against fraud, suspicious, or other illegal activities; and
  • Compiling statistics for analysis of our sites and our business.

Information Obtained from Third Parties

If you provide us Personal Information about others, or if others give us your information, we will use that information only for the specific reason for which it was provided to us.


INFORMATION SHARING

We do not disclose any Personal Information about you to any third parties except as stated in this Privacy Policy, as otherwise permitted by law, or as authorized by you.

Generally

Third parties to whom we disclose information are required by law and contractual undertakings to keep your Personal Information confidential and secure, and to use and disclose it for purposes that a reasonable person would consider appropriate in the circumstances, in compliance with all applicable legislation, which purposes are as follows:

  • To deliver meals and provide the products and services you have requested from us
  • To notify you or to allow our affiliated companies to notify you of certain products or services offered by our affiliated companies
  • To manage our IT infrastructure via data processing service providers; or
  • To process credit card payments—through third party payment processing, clearing, and settlement systems in association with various banks.

If these third parties wish to use your Personal Information for any other purpose, they will have a legal obligation to notify you of this and, where required, to obtain your consent.

Affiliate Sharing

In the normal course of performing services for our clients, Personal Information may be shared within Instead of Flowers and its affiliates for research and statistical purposes, system administration, and crime prevention or detection. When you supply us with information containing third party Personal Information (names, addresses, or other information relating to living individuals), we will hold and use that Personal Information to perform our services for you on the understanding that the individuals to whom the Personal Information relates have been informed of the reason(s) for your providing and our obtaining the Personal Information, the fact that it may be disclosed to third parties such as Instead of Flowers, and have consented to such disclosure and use.

  • The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Service Providers

Because a number of the service providers we use are located in the United States, including certain Instead of Flowers affiliates, your Personal Information may be processed and stored inside the United States, and the U.S. government, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your Personal Information under U.S. laws. Instead of Flowers’s service suppliers adhere to the same protections regarding the collection, use, and retention of data as we do.

Business Transactions

As we continue to develop our business, we might sell or buy assets. In such transactions, user information, including Personal Information, generally is one of the transferred business assets. Also, if either Instead of Flowers itself or substantially all of Instead of Flowers assets are acquired, your Personal Information may be one of the transferred assets. Therefore, we may disclose and/or transfer your Personal Information to a third party purchaser in these circumstances

Other Legally Required Disclosures

Instead of Flowers preserves the right to disclose without your prior permission any Personal Information about you or your use of this Site if Instead of Flowers has a good faith belief that such action is necessary: (a) to protect and defend the rights, property, or safety of Instead of Flowers, its employees, other users of this Site, or the public; (b) to enforce the terms and conditions that apply to use of this Site; (c) as required by a legally valid request from a competent governmental authority; or (d) to respond to claims that any content violates the rights of third-parties. We may also disclose Personal Information as we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request


COOKIES AND OTHER TRACKING TECHNOLOGIES

We may use cookies, for example, to keep track of your preferences and profile information. Cookies are also used to collect general usage and volume statistical information that does not include personal information.

We use a third party to gather information about how you and others use our Web site. For example, we will know how many users access a specific page and which links they clicked on. We use this aggregated information to understand and optimize how our site is used.

The site uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.

Links to Other Web Sites

Our Site includes links to other websites whose privacy practices may differ from those of Instead of Flowers, Inc. If you submit Personal Information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any website you visit.


SECURITY

When we collect Personal Information directly from you, we follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore we cannot guarantee its absolute security.

In order to make a purchase from us, you must use our shopping cart provider to finalize and pay for your order. Its privacy statement and security practices will also apply to your information. We encourage you to read that privacy statement before providing your information.

We will retain your information for as long as your account is active, as is needed to provide you services, or for Instead of Flowers to establish, exercise, or defend legal claims. If you wish to cancel your account or request that we no longer use your information to provide you services, contact us at sales@insteadofflowers.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.


CONTACT INFORMATION

You can contact us about this privacy statement by writing, calling, or emailing us at the address below:

Instead of Flowers, Inc.
1331 Marietta Blvd, NW
Atlanta, GA 30318
404.351.7171
sales@insteadofflowers.com