Fancifull Gift Baskets recognizes and respects the importance of maintaining the privacy of our customers, registered 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:
- the information, including personal information, we may collect about you when you visit our Website (as defined below), respond to our emails, place orders, provide product reviews, chat with our virtual gifting assistants, submit website feedback, participate in sweepstakes and promotions, receive orders, use our mobile applications, place orders through social media applications (such as our Facebook App), visit our physical facilities and events, or otherwise interact with us via telephone, text (SMS, MMS), online chat, email, social media, fax, mail, or courier service (collectively, our "Service");
- why we gather information about you;
- how we collect it;
- how we use it (including with whom we may share it);
- how we secure your personal information; and the choices you may have regarding the personal information we have collected about you.
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 1-800-350-4437 or email our team at firstname.lastname@example.org 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.
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:
- the processing is necessary to perform a contract with you or take steps to enter into a contract at your request;
- the processing is necessary for us to comply with a relevant legal obligation;
- the processing is in our legitimate interests, subject to your interests and fundamental rights, and notably our legitimate interest in using applicable data to conduct and develop our business activities;
- or you have consented to the processing.
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.
WHAT INFORMATION WE GATHER
Depending on how you interact with us, we may collect some or all of the following categories of information:
- Contact and other personal information: your name, address, postal code, telephone number, email address, user ID and contact information, as well as gender and birth date, if you choose or are otherwise required to enter such information, and interests,
- Billing information: credit/debit card number, expiration date, CVV code, alternate or additional billing information and billing address,
- Purchase information: products purchased and occasion type (for example, particular holidays), and any promotion or gift card code and related information (for example, if you are claiming frequent flyer miles or using an affiliate code or link),
- Gift-related information: gift recipients' names, addresses, telephone numbers, birthdates and email addresses, and the gift messages you include,
- Device information about the devices you use to access our Service (including mobile devices), platform information, user identification number and general device location,
- Application information - including which of your applications are used, how your applications are used and the duration of use of your applications,
- Network information –including IP address, network carrier and country code, browsing information, such as how you interact with the Service, and
HOW WE COLLECT INFORMATION ABOUT YOU
A. In general.
We collect your information when you:
- visit our Website and/or use our Service,
- place an order or receive a gift,
- participate in our forums, surveys, contests, sweepstakes, promotions, content submissions, chats, bulletin boards, discussion groups, live events, requests for suggestions, requests for reviews and user-generated content, and membership registrations,seek assistance from our customer service team through email, telephone, automated and live chat sessions, or any other channels,visit our facilities and events,
- request a catalog or other information, and
- engage in other activities, services, products and resources we make accessible to 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, and commercial data providers.
B. How we use "Cookies" and "Action Tags."
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 purchase, 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 interest-based 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. Interest-based advertising.
1. Our Services. We collect or allow other companies to collect data for use in interest-based advertising when you use our Service. Other companies may serve interest-based advertisements on our Service. We use as a guide the Self-Regulatory Principles for Online Behavioral Advertising as administered by the Digital Advertising Alliance (https://youradchoices.com/choices-faq).
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 interest-based advertising (also called targeted 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 Interest-Based Advertising. You may opt-out of having data collected, used, or transferred for interest-based advertising by certain companies listed at: https://optout.aboutads.info/ OR https://optout.networkadvertising.org/ and you may also learn more about interest-based 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 enables 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 such businesses or entities 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), to inform you and your gift recipients of offers and discounts, 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 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.
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 have any questions about the security of your personal information, you can contact us.
Although we make reasonable efforts to safeguard personal information once we receive it, we cannot warrant the security of information we receive.
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 or to otherwise manage your email communication preferences. Alternatively, you can email us at: email@example.com the email address that you wish to have unsubscribed from promotional messages.
If you wish to set other preferences concerning promotional communications, or you prefer not to have your personal information shared with third parties, please let us know by contacting us at firstname.lastname@example.org and identify your preferences regarding promotional communications and the sharing of your personal information. Your instructions will be processed as soon as reasonably practicable and in accordance with law.
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, Nevada, 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.
Your Rights. Residents of certain states have rights with respect to the personal information we collect. You may be able to exercise the following rights regarding personal information, subject to certain exceptions and limitations:
- The right to confirm whether we are processing personal information about you.
- The right to correct inaccuracies in the personal information we have collected about you.
- The right to know the categories and specific pieces of personal information we collect, use, disclose, and sell about you; the categories of sources from which we collected personal information about you; our purposes for collecting or selling personal information about you; the categories of personal information about you that we have sold or disclosed for a business purpose; and the categories of third parties with which we have shared personal information.
- The right to request that we delete the personal information we have collected about you.
- The right to opt out of (i) the processing or sharing of personal information for targeted advertising; and (ii) the sale of personal information.
- The right not to receive discriminatory treatment for the exercise of the above privacy rights.
To exercise any of the above rights, please contact us using the following information and submit the required verifying information, as further described below:
- By email email@example.com
- By phone at 1-323-466-7654
Additionally, for Colorado, Connecticut, and Virginia residents, if you have submitted a request that you believe we have not fulfilled, you may contact us to appeal our decision by sending an email with the subject line "Appeal" firstname.lastname@example.org.
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
We 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.
HOW TO CONTACT US
Please contact us by any method indicated below:
Write to us at:
Fancifull Gift Baskets
5617 Melrose Avenue
Los Angeles, CA 90038
Telephone us at: 1-800-350-4437
Email us at: email@example.com
When contacting us, please include or tell us your mailing address, and if you have a catalog, brochure or other mailing label from us, please include it with your request or have it ready when you call.
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.