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Last Updated: December 9, 2024
INTRODUCTION
The 1-800-FLOWERS.COM® family of brands recognizes and respects the importance of maintaining the privacy of our customers, registered members (Members), gift recipients, business contacts and other users (each of which may be referred to, individually and where applicable, as "you"), and has established this privacy notice ("Privacy Notice") as a result. The purpose of this Privacy Notice is to inform you of:
This Privacy Notice is part of the Terms of Use, which governs your use of our website located at www.1800flowers.com, as well as the websites of our Affiliates (see below) linked to this Privacy Notice (collectively the "Website"), and the Service. The Service is operated by 800-Flowers, Inc. (the "Company"). "Affiliates" are persons or entities directly or indirectly controlling, controlled by, or under common control with, or in the same corporate family as, 800-Flowers, Inc. A listing of our Affiliates can be found here.
This Privacy Notice does not cover information you provide to our independently owned and operated franchised retail stores. This Privacy Notice also does not cover personal information that we collect about employees, job applicants, and contractors relative to their employment or engagement with us.
For purposes of this Privacy Notice, except as noted below and unless you are explicitly notified otherwise, the Company is the controller of your personal information, and where the processing of personal information is also undertaken by our Affiliates with whom you engage, the applicable Affiliate(s) are joint controllers with the Company for your personal information. Joint controllers are all responsible for deciding how your personal information is held and used.
Please Note:
You must be 18 years or older and the age of majority in your place of residence to use, subscribe to, or register for the Service as a member (or 21 years or older in the event that you place a request for transmission of an order for a product containing alcohol). The Service is a general audience site and we do not knowingly collect, maintain or disclose personal information from or about children. If you are a parent or guardian of a child and become aware that your child has provided personal information to us, please contact us as described in this Privacy Notice.
Our Commitment to Accessibility
The Company is committed to making our Website's content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on the Website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call us at 1-800-356-9377 or email our team at Accessibility@1800flowers.com with "Disabled Access" in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. Additionally, while we do not control such vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user friendly.
WHY WE GATHER INFORMATION
The Company and the Service gather information, including personal information, mainly to communicate with you and to process your orders or otherwise conduct business with you, but also to help improve our products and customer service, to provide an enhanced and more personalized shopping experience, and to inform you, and your gift and message recipients, of special offers and discounts from the 1-800-FLOWERS.COM® family of brands, Company Affiliates (as that term is defined above and in our Terms of Use) and certain third parties.
For individuals subject to the General Data Protection Regulation of the European Union ("EU") or the United Kingdom of Great Britain and Northern Ireland ("UK"), our processing of your personal information is justified on the following legal bases:
This Privacy Notice applies to all visitors, including EU and UK residents. Additional information on our privacy practices with respect to EU and UK residents, and the rights that may be available to you as an EU or UK resident, can be viewed here.
WHAT INFORMATION WE GATHER
Depending on how you interact with us, we may collect some or all of the following categories of information:
HOW WE COLLECT INFORMATION ABOUT YOU
A. In general.
We collect your information when you:
The information may be provided directly to us by you, such as when placing an order or participating in a survey, or, as is true of most websites, we gather certain device and usage information automatically. This information may include internet protocol (IP) addresses, browser type, device information, internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream or other session data that may be recorded as you interact with our Website or mobile applications, to analyze trends and administer the Website. This information may be collected by us even if an order, registration, or other process is started but not completed or is otherwise cancelled.
We may also gather information about you from third parties, such as social media sites, data co-ops, commercial data providers, and other users who may share certain information about you while using our Service.
B. How we use "Cookies" and "Action Tags."
A "cookie" is a small data file sent to your browser from a web server and stored on your computer. We use cookies primarily to let us know that you are a prior customer, user or registered member and to provide certain features to you, such as browser-based push notifications. Additionally, if you sign up for one or more of our text messaging programs, cookies may be used to personalize your experience (e.g., to send you personalized text messages such as shopping cart reminders). Most web browsers allow you to instruct the browser to prevent the use of cookies. However, if you disable cookies, certain aspects of the Service, such as the shopping basket, may not function properly. You may manage your cookie preferences directly through the link provided on our website. The cookie preference options available to you through the link may vary depending on your location.
We have relationships with third parties who may collect or receive information directly from the cookies placed by our Service on your computer to assist in analyzing our business and customers, and to give credit to other sites that direct traffic to our Website for marketing purposes.
Our Service may also use a web technology called "action tags" (also called single pixel gifs, web beacons, local storage objects, and local shared objects) to track email interaction, purchase, Service usage and other web activity information. Action tags may be used to provide data to third parties for tracking purposes. In addition, third parties may set their own cookies and tags through our Service (such as through targeted advertising, described below). We do not control such third parties or their privacy practices. If you do not want third parties to be able to use such methods, you can modify your browser settings relating to cookies or exercise choices that we offer as set forth below.
C. Targeted Advertising.
1. Our Services. We collect or allow other companies to collect data for use in targeted advertising when you use our Service. Other companies may serve targeted advertisements on our Service. We use as a guide the Self-Regulatory Principles for Online Behavioral Advertising as administered by the Digital Advertising Alliance.
2. Other Services. Advertisements for our products and services may appear on third party websites around the Internet. Some websites and services deliver these advertisements based upon data that has been previously collected about your past behavior on our Services and across different websites and services. For example, if you have viewed websites about gift baskets, these websites or services may display to you an advertisement for our gift baskets. This activity is called targeted advertising (also called interest-based or cross-context behavioral advertising). We do not control such third-party advertising services or the websites or services on which these advertisements appear. Further, we do not control how they collect and use data about your online activities.
3. Choice for Targeted Advertising. You may opt-out of having data collected, used, or transferred for targeted advertising by certain companies listed at: https://optout.aboutads.info/ OR https://optout.networkadvertising.org/ and you may also learn more about targeted advertising at such websites. If you opt-out, you will still receive generic advertisements, but they will not be based upon your behavioral data possessed by the companies from whom you have opted-out. This process relies upon an opt-out cookie for each browser and each device, so if you delete your cookies or use a different computer, you will have to repeat this process.
D. Mobile Push Notifications.
As a user who has downloaded our Company's mobile application(s), we may from time to time send you push notifications to your device to communicate with you and advise you of current offers and promotions. To ensure that you receive timely notification of such communications and promotions, we need to collect certain information from your device as indicated above. If at any time you do not wish to receive these types of communications, you may turn them off on your device.
E. Digital Analytics.
We use mobile analytics software to allow us to better understand the functionality of our Company's mobile application(s) on your device. This software may record information such as how often you use the application, the events that occur within the application, usage, performance data, and the source from which the application was downloaded. We do not link the information we store within the analytics software to any personal information you submit within the mobile application.
We may also work with third parties that collect data about your use of the Website and other sites or apps over time for non-advertising purposes, subject to their privacy policies. We use third party analytics such as Google Analytics to gather and analyze aggregated anonymous user information. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google's collection and processing of data generated by your use of the Sites by going to http://tools.google.com/dlpage/gaoptout.
F. From Other Businesses Who Ask Us to Process Your Information
On occasion, our Company and Affiliates may operate as a data processor of your personal information rather than a controller. For example, our corporate gifting program and our Smartgift e-gifting service enable companies to send gifts to their employees, clients, or other persons, which involves the provision of certain elements of personal information. We then process this information in order to send gifts to those persons. In situations like this, when we act as a processor, the privacy statement of the relevant controller and our agreements with any businesses or entities who use these programs will govern our processing of the applicable personal information.
HOW WE USE AND SHARE THE INFORMATION WE COLLECT
We may use information we process and collect for any lawful commercial or business purpose, such as to communicate with you, to process orders, to improve our products and services (such as by responding to your feedback), to conduct research (such as statistics on favorite -- i.e., most ordered -- products), to provide an enhanced and more personalized shopping experience (for instance, to provide event reminders, such as birthdays and milestone events), to inform you and your gift recipients of offers and discounts from the 1-800-FLOWERS.COM® family of brands and Company Affiliates, and to enable you to receive credits for purchases under loyalty or buying programs that you have joined.
We may also use your information, as necessary or appropriate in our view, to operate the Service, to respond to your inquiries, to process orders or registrations, to conduct promotions, contests, and sweepstakes in which you participate, to protect the Service, the Company, and others, and to prevent fraud, theft, and misconduct.
We may combine information we receive about you via our Service with information from our Affiliates and third parties. We use the combined information to enhance and personalize your shopping experience with us (for example, by keeping your profile up-to-date) and to communicate with you in accordance with this Privacy Notice. We may also use your personal information as indicated at the time of collection or with your consent (where required by applicable law).
In addition, as provided below, the Company may use or share your data with both affiliated and unrelated third parties, for the purposes so identified. To the extent permitted by applicable law, we also may use and share deidentified data without limitation, in which case we maintain and use such data only in deidentified form—we do not attempt to reidentify such data except as needed to determine that the data is appropriately deidentified.
A. Affiliate Data Sharing.
We may provide your information to our Affiliates for use in connection with their businesses, including sending you offers and promotions. They are required to comply with this Privacy Notice. The following categories of information may be shared among our Affiliates:
B. Sharing with Others.
We may also share your information with third parties, including service providers engaged to provide services on our behalf, and may authorize them to use such information for our benefit, for instance, to process your order, to manage aspects of a business relationship, and to better communicate and provide appropriate offers to you and your gift recipient(s).
Examples of our information sharing include:
In addition, we may make such information (except for credit/debit card numbers, expiration dates and CVV codes, unless you consent otherwise), including aggregated information, available to selected third parties for other reasons that we may describe to you at the time of collection.
C. Change of Business.
We may transfer your information in connection with the potential or actual sale, lease, license, assignment, acquisition, merger, reorganization or change of control of the Company, our Affiliates, or the division responsible for the Service with which your information is associated, or as part of a bankruptcy proceeding (or otherwise, with respect to the foregoing, of part, or all, of our business).
D. For Legal Purposes.
In certain situations, we may be required to disclose personal information in response to lawful requests from public authorities, including to comply with national security or law enforcement requirements. We reserve the right to disclose information we collect from you, or that you provide to us, as required by law, in response to legal process and law enforcement requests, when we believe, in good faith, that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, respond to a government or legal request, comply with a government requirement, or to protect the rights or property of the Company, its Affiliates, users, customers, recipients, Members, Sponsors, Providers, Licensors, Merchants and Associates (as these terms are defined in the Terms of Use ).
E. Public Forums
Please note that any personal information you reveal or post on one of our public forums (as defined in the Terms of Use ), such as a message board, chat room, blog, discussion group, folder, survey, contest, sweepstakes, user review and rate forum, and all User Submissions, are not protected by this Privacy Notice and may be collected, shared and used by us, and with third parties, including to contact you. Information you provide or post on our public forums, you disclose at your own risk.
WHERE WE STORE YOUR INFORMATION
Our Service is operated in the United States and internationally. If you are located outside the United States, please be aware that any information you provide to us may be transferred to, and stored in, any country in which we conduct business, including the United States, the EU and the UK. By using the Service or otherwise providing us with information, you hereby consent to this transfer. At times, for orders originating within the EU or UK or being delivered to the EU or UK, we may use third parties located within the EU or UK to process such orders. In so doing, we take steps to ensure those entities will process your information in a manner consistent with this Privacy Notice.
Although personal information collected by us through the Service will be used by us in accordance with this Privacy Notice, laws generally applicable to the protection of personal information in the U.S. or elsewhere may not be as stringent as those in your home country.
HOW LONG WE KEEP YOUR PERSONAL INFORMATION
We may retain your information in accordance with our data retention policies and for as long as your account is active or as needed to provide you services, comply with our legal obligations, and resolve disputes and enforce our agreements, as well as for any additional purpose based on the choices you have made, such as to receive marketing communications.
If you have questions about our data retention policies, please contact us as noted below.
HOW YOUR INFORMATION IS SECURED
The security of your personal information is important to us.
If you place an order on our Website, it encrypts the credit/debit card number you submit prior to transmission over the Internet using Transport Layer Security (TLS) encryption technology. This technology works best when the Website is viewed using Microsoft Edge®, Google Chrome®, Mozilla Firefox®, and Apple Safari® browsers. However, no transmission of data over the Internet or any other network can be guaranteed to be 100% secure. Although we make reasonable efforts to safeguard personal information once we receive it, we cannot warrant the security of information we receive.
Portions of the Service may require registration and log-in processes in which you will select a user ID and password (collectively, the "Password"). Any passwords provided to you by us are the confidential property of the Company and may be used by you solely for your individual use of the Service (and otherwise as specified by us). You are responsible for maintaining the confidentiality of any Password and for all activities that occur using your Password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your Password or accounts.
We employ Google reCAPTCHA Enterprise in connection with our Service to help prevent fraud and abuse. reCAPTCHA Enterprise collects hardware and software information, such as device and application data, and sends it to Google for purposes of providing, maintaining, and improving reCAPTCHA Enterprise and for general security purposes. Your use of reCAPTCHA Enterprise is subject to Google’s Privacy Policy and Terms of Service.
YOUR PRIVACY CHOICES
We want to communicate with you only to the extent you want to hear from us.
Any promotional email we send to you will include a link to unsubscribe from promotional emails from that sender (which may be an individual brand or program within our family of brands), or to otherwise manage your email communication preferences.
You can opt out of our text message programs by simply replying STOP to the last message received. You can also request that we delete your mobile application/website login ID, or opt out of direct mail and/or telemarketing by visiting our Your Privacy Choices page.
Additionally, accurate information is important to all of us. Members can directly access and correct their membership information (including name, payment methods, billing address, recipient addresses, and email address) by signing into your password-protected account and visiting the "YOUR ACCOUNT: Overview page.
What If I Choose Not to Give You My Personal Information?
You are not obligated to provide us your personal information. However, if the personal information is necessary to supply goods or services to you under a contract or an order between you and the Company and you do not give us your personal information, then we will not be able to enter into that contract or honor that order for goods or services.
ADDITIONAL U.S. STATE PRIVACY CHOICES AND DISCLOSURES
California, Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Nevada, Oregon, Texas, Utah, and Virginia residents may have certain rights under state privacy laws with respect to personal information we collect. This Section contains disclosures required by law and explains rights that may be available to you.
Personal Information We Collect and Disclose. In the preceding 12 months, we may have collected and disclosed the following categories of personal information about You, as described in greater detail in the "What Information We Gather" and "How We Use and Share the Information We Collect" sections of the Privacy Notice:
| Categories of personal information | Disclosed to the following categories of third parties for our business purposes | Shared for targeted advertising purposes or otherwise sold to the following categories of third parties |
|---|---|---|
| Personal and online identifiers (such as first and last name, email address, or unique online identifiers) | Service providers, Business partners, Affiliates, Advertising companies | Affiliates, Advertising companies, Third party advertisers |
| Recordkeeping information (such as bank account number, credit card number, debit card number, or any other financial information) | Service providers, Business partners, Affiliates | N/A |
| Characteristics of legally protected classifications (such as age, date of birth, gender) | Service providers, Business partners, Affiliates, Advertising companies | Affiliates, Advertising companies, Third party advertisers |
| Commercial or transaction information (such as records of products purchased, received, or considered) | Service providers, Business partners, Affiliates, Advertising companies | Affiliates, Advertising companies, Third party advertisers |
| Internet or other electronic network activity information (such as browsing history, search history, interactions with a website, email application, or advertisement) | Service providers, Business partners, Affiliates, Advertising companies | Affiliates, Advertising companies |
| General device location information (such as zip code) | Service providers, Business partners, Affiliates, Advertising companies | Affiliates, Advertising companies |
| Audiovisual information (such as videos and photos you may provide to us) | Service providers, Business partners Affiliates, Advertising companies | Affiliates |
| Inferences drawn from the above information about your predicted characteristics and preferences | Service providers, Business partners, Affiliates, Advertising companies | Affiliates, Advertising companies |
| Other information about you that is linked to the personal information above | Service providers, Business partners, Affiliates, Advertising companies | Affiliates, Advertising companies |
For purposes of the chart above, "Advertising companies" refers to parties who are in the business of providing advertising services to a variety of clients, including us. "Third party advertisers" refers to parties who receive personal information for purposes of their own advertising efforts.
In addition to the disclosures listed in the chart, we may be required to disclose any of the personal information categories above in response to lawful requests from public authorities, as described in the "How We Use and Share the Information We Collect" section above.
Categories of Sources. We collect personal information from the following categories of sources, as described in greater detail in the "How We Collect Information About You" section above:
Our Purposes for Processing Personal Information. We use and disclose the personal information we collect for the business and commercial purposes described in the "How We Use and Share the Information We Collect" section above. As described in this Privacy Notice, our processing may include allowing third parties to use personal information collected through our Website for targeted advertising. However, we do not process personal information to conduct profiling that produces legal or other similarly significant effects concerning a consumer.
Your Rights. Residents of certain states have rights with respect to the personal information we collect. Depending on your state, you may be able to exercise the following rights regarding personal information, subject to certain exceptions and limitations:
Additionally: Residents of Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Texas, and Virginia who believe we have not taken a required action on your request to exercise a privacy right, may appeal our decision.
Oregon residents may exercise the right to obtain a list of the nonaffiliated third parties (other than our processors) to which we have disclosed your personal information.
Nevada residents may submit a request directing us not to make certain disclosures of your personal information by opting out of the sale of your personal information.
To exercise any of the above rights, please contact us as follows:
Opt Out Signals. Certain mechanisms or technologies may be used to indicate your opt-out preferences to entities that process personal information. To the extent that we are able to recognize these signals and are legally required to honor them, we will treat these signals as requests to opt out of processing or sharing for the purposes of targeted advertising or the sale of personal information. Depending on the signal you select, the opt-out may apply only to certain interactions, such as a specific browser or device. You may provide additional information that allows us to apply an opt-out request beyond a specific browser or device by submitting a request on our Your Privacy Choices page.
Verification Process and Required Information. To respond to certain rights exercise requests, we may need to verify your identity by having you provide information about yourself or your account. Authorized agents can make a request on your behalf if you have given them legal power of attorney or we are provided verification of your identity, and, in some cases, confirmation that you provided the agent permission to submit the request.
NOTICE OF FINANCIAL INCENTIVE FOR CALIFORNIA RESIDENTS
The 1-800-FLOWERS.COM family of brands may provide you with opportunities to receive a variety of special offers, such as discount codes, in exchange for allowing us to collect, retain, and sell your personal information as described in this Notice. This includes all categories of personal information listed in this Notice. In exchange for providing personal information, such as your email address or phone number, you may receive discounts on our products, additional products, or other financial incentives. The terms of each offer are presented at the time that you choose to provide information to us.
You can opt into our special offers by providing the requested information associated with a specific offer. You have the right to withdraw from receiving special offers at any time. These instructions may vary by offer. Please see the section of this Notice entitled "Your Privacy Choices" for more information.
The special offers available to you are based upon our reasonable determination of the value that we receive from collecting, retaining, and selling personal information for our business. This estimated value takes into account a variety of factors as permitted by law, including (but not limited to) our expenses incurred in collecting and selling the information and our expenses incurred in providing special offers to you.
NOTICE OF LOYALTY PROGRAM FOR COLORADO RESIDENTS: CELEBRATIONS PASSPORT®
If you choose to participate in the Celebrations Passport Program, you will have the opportunity to receive a variety of special offers, such as free standard shipping, no or reduced service charges, discounts, or early access to certain products and events, from the 1-800-FLOWERS.COM family of brands. Through the Celebrations Passport Program, we may collect all categories of personal information listed in the “Additional U.S. State Privacy Choices and Disclosures” section of this Privacy Notice, and we may share such information with the categories of third parties also described in that section of this Privacy Notice. Some of these third parties, such as certain advertising providers, are ones with which we do not have a direct relationship. These third parties may be considered “data brokers” under applicable privacy laws. Please see the Celebrations Passport Program terms and conditions for more information about how to enroll in or withdraw from the program.
In order to participate in the Celebrations Passport Program, it is required that you have an account with the 1-800-FLOWERS.COM family of brands so that we can track your qualifying purchases and administer your benefits. If you submit a deletion request under state privacy laws, as described in the “Additional U.S. State Privacy Choices and Disclosures” section of this Privacy Notice, it will be impossible for us to collect this information. Therefore, you will be unable to participate in the Celebrations Passport Program once your account and personal information are deleted.
LINKS TO OTHER WEBSITES
The 1-800-FLOWERS.COM® family of brands wants you to be aware that when you click on links and/or ad banners that take you to affiliated or third-party services, except the e-Gifting Service described above, you will be subject to the privacy policies and terms of use of those services, not ours. We encourage you to read the posted privacy statement and user terms whenever using, and prior to providing any personal information to, any other service.
We may provide you with the ability to log into our Service using a social media account, such as Facebook Connect. We do not control the activities of such social media services and have no control over the data they collect or their privacy practices. You should review their privacy practices before using any such social media service.
HOW TO CONTACT US If you have questions or concerns about privacy rights or data use, or feedback regarding this Privacy Notice, please use our Contact Privacy form to reach the Privacy Support team. Alternatively, you can write to us at: Data Privacy Officer 1-800-FLOWERS.COM, INC. Two Jericho Plaza Suite 200 Jericho, NY 11753.
DISPUTE RESOLUTION If after you have raised a privacy-related issue to our Privacy Support team and you still feel it was not addressed satisfactorily or in a timely manner, you may contact our U.S.-based third party dispute resolution provider, TrustE, (free of charge).
CHANGES TO THIS PRIVACY NOTICE
The Company may change this Privacy Notice from time to time in the future. Any changes will be posted here and reflect the date of such changes on the first page of this Privacy Notice. We advise you to check back frequently to see any updates or changes.
By using the Website and the Service, after such changes take effect, you agree to be legally bound to and abide by the revised Privacy Notice and Terms of Use, of which this Notice is a part.