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Terms and Conditions
We welcome you to our website, www.ABCblooms.com (the “Site”), a website dedicated to providing direct flower purchases for retail florists. By browsing or using the Site or ABCblooms mobile applications (together with the Site, the “Service”), purchasing any floral goods through the Service, or entering into any other transactions with ABCblooms, you agree to the terms of use set forth herein (the “Agreement”). This Agreement is between you and ABCblooms (“ABCblooms”, “we”, “our” or “us”), and it governs your access to and use of the Service. If you do not agree to any part of this Agreement, you are not authorized to use the Service, order flowers, or enter into any transactions with ABCblooms.
1. AMENDMENTS AND CHANGES
ABCblooms may amend this Agreement at any time by posting the amended Agreement on the Site without notifying you of such amended Agreement, and you agree that you will be bound by any changes to this Agreement. If you do not agree to any part of the Agreement, please discontinue your use of the Service.
2. PRIVACY STATEMENT
By using the Service, you represent that you have read and consented to our Privacy Statement which is incorporated into this Agreement. ABCblooms may revise the Privacy Statement at any time, and the new versions will be available at the above link. If at any point you do not agree to any portion of the Privacy Statement, you must immediately stop using the Service. You authorize us to share your information with third parties PayPal, Authorize.net, Stripe, FedEx, Armellini Air Express, CalAir Forwarding, affiliate Wholesale Florists and United Parcel Service. We strongly advise you to read each of their privacy policies.
3. COPYRIGHTS AND TRADEMARKS
The images and other materials on the Service and the software for the Service belong to or are licensed to ABCblooms. The materials and images are protected by the United States and foreign copyright laws. “ABCblooms” and “Online Flower Search” are marks and logos trademarks protected by the United States and foreign trademark laws. You agree not to use any of ABCblooms’ and Online Flower Search’s trademarks without our prior written consent. You further agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Service, without receiving our prior written permission. If you use the images, materials or trademarks on the Service in a way that is not allowed by this Agreement, you are violating the Agreement and may also be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use the Service.
4, LIMITED LICENSE AND GENERAL RULES
Subject to your compliance with the terms and conditions of this Agreement, ABCblooms grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Service. Neither the Service, nor any portion of ABCblooms’ services, may be reproduced, duplicated, copied, modified, sold, resold, distributed, or otherwise exploited for any commercial purpose without the express written consent of ABCblooms. Except as expressly set forth herein, this Agreement grants you no rights in or to the intellectual property of ABCblooms or any other party, including but not limited to the images owned by Online Flower Search. The license granted in this section is conditioned on your compliance with the terms and conditions of this Agreement. In the event that you breach any provision of this Agreement, your rights under this section will immediately terminate. You agree to comply with all applicable laws at all times when using the Service and using related services and that you will not attempt to harm or overload the computer systems used to operate the Service or the computer systems of other users of the Service such as by example only, causing any viruses or harmful code to be introduced to such computer systems. You will not spam, advertise to our attempt to contact other users of the Service through your use of our Service or related services.
5. ELIGIBILITY AND ACCOUNTS
5.1. ELIGIBILITY
You represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside and are at least 18 years of age. Children under the age of 18 are not allowed to use the Service.
5.2. ACCOUNT
To access certain portions of ABCblooms’ services, you may be required to create an account through the Service (an “Account”). You agree that you shall not create an Account or use the Service if you (1) are under the age of 18, (2) if you have previously been removed by ABCblooms or banned from using ABCblooms’ services, or (3) already have an Account with us. You agree to only provide accurate and truthful information when setting up an Account and not to access Accounts or information about Accounts other than your own.
5.3. ACCOUNT SECURITY
You are entirely responsible for maintaining the confidentiality of your Account username and password. You agree to notify ABCblooms immediately if you believe that your Account username and/or password have been compromised.
5.4. ACCOUNT SUSPENSION
ABCblooms reserves the right to permanently suspend or terminate your Account and your access to the Service or seek appropriate injunctive or monetary relief if we reasonably suspect that you have violated any part of the Agreement or engaged in illegal behavior as part of using the Service or we reasonably believe that your continued access to your Account will cause harm to us or any others
6. LINKS TO OTHER WEBSITES
The Service may contain links to websites operated by other parties. We provide these links to other websites as a convenience and use of those sites is at your own risk.
7. FEES AND PAYMENTS
7.1. PAYMENTS
You acknowledge and agree that all information you provide with regards to a purchase, including, without limitation, credit card, PayPal, or other payment information such as Authorize.net and Stripe, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. Payment can be made by credit card or other means that we may have made available. Orders will not be processed until payment has been received in full, and any holds on your account by PayPal or any other payment processor (including Authorize.net and Stripe) are solely your responsibility.
7.2. RETURN AND REFUND POLICY
ABCblooms will review and honor all claims on the condition the customer complies with the following specifications: (1) All quality issues must be reported with images within 24 hours of receiving the flowers via website claims submission ABCblooms.com/claims. (2) ABCBLOOMS will not be liable or responsible for loss, damage, or delay caused by events beyond our control such as forces of nature, natural disasters, etc. (3) Please examine your flowers carefully upon receiving them. As mentioned above, without timely notice and pictures an adjustment/credit/claim will not be accepted. Do not discard flowers along with ALL packing materials unless authorized, as our growers often request that they are returned at our expense. All sales are FOB Miami, FL and ABCblooms accepts no liability for damage in transit. Title and ownership are passed to the buyer when the product is delivered to the designated carrier. (4) Refunds will only be given when ordered product is either unavailable or a credit needs to be issued due to poor quality. If a customer requests cancellation of a confirmed order, the customer might be liable to incurred credit card fees by ABCblooms. The $7.50 handling fee will not be refunded.
7.3. CHANGES TO PRODUCTS AND PRICING
ABCblooms may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any products sold or services offered through the Service. The inclusion of any products or services through the Service at a particular time does not imply or warrant that these products will be available at any other time. We reserve the right to change prices for products displayed on the Service, or the Service, at any time, and to correct pricing errors that may inadvertently occur. All such changes shall be effective immediately upon posting of such new product prices to the Service.
7.4. ORDER ACCEPTANCE/CONFIRMATION
Once we receive your order, we’ll provide you with an email order confirmation. Your receipt of an order confirmation, however, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. We reserve the right at any time after receiving your order to accept or decline your order for any reason. If we cancel an order after you have already been billed, then we will refund the billed amount. We do commit to communicate any updates to your order with you.
7.5. SHIPMENT OF PRODUCTS
Title and risk of loss for any purchases of physical products pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. Unless as a result of events outside of our direct control, orders of goods purchased by you will be delivered within the time period specified for the delivery method you have selected. All orders are shipped using one of our affiliate Wholesale Florist. While shipments may be scheduled for a specified arrival, we cannot guarantee delivery by any specific time. No recipient signature is typically required for deliveries of our products. The customer agrees to make arrangements with the local affiliate Wholesale Florist to schedule a pickup of the flowers.
7.6. TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or PayPal account charged. If your credit card or PayPal account has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
7.7 CALFORNIA AGRICULTURE
The state of California may inspect, at any time, any agricultural product entering the state, including cut flowers. This inspection may delay the delivery of flowers by up to 24 hours. ABCblooms is not responsible for shipping delays due to agricultural inspection.
7.8 ADDITIONAL INVOICE CHARGES
ABCblooms does not charge any international freight charges as all products are sold FOB Miami. The only additional line item charge you will see on your invoice is a Handling Fee of $7.50 per shipment. There are no box charges or fuel charges. If an affiliate Wholesale Florist is used for domestic transportation from Miami to your location, the domestic freight needs to be paid directly to the affiliate Wholesale Florist. Please note that ABCblooms reserves the right to add additional charges and tariffs as necessary and/or as conditions change. Of course we will inform you about that prior to implementing anything different from what is described here.
8. LOCATION
The Service is operated by ABCblooms in the United States. Those who choose to access the Service from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
9. DISCLAIMER OF WARRANTIES
THE SERVICE, THE PRODUCTS OFFERED FOR SALE ON IT, AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE SERVICE MAY INCLUDE INACCURACIES, MISTAKES, OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
TO THE EXTENT PERMITTED BY LAW, ABCblooms DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you
10. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABCblooms, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIM ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, EVEN IF ABCblooms AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING PAYPAL OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO FUND PAYPAL, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY (SUCH AS OUR SHIPPER), INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE OR APPLICATIONS WHICH PREVENT ACCESS TO OUR SERVICE TEMPORARILY OR PERMANENTLY, OR WHICH DELAY OR PREVENT THE DELIVERY OF OUR GOODS TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABCblooms AND RELATED PARTIES DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT FOR ANY FOREIGN OBJECTS OR MATERIALS WHICH MAY BE INCLUDED WITH OR IN ANY GOODS PURCHASED ON OUR SERVICE, WHICH GOODS MAY BE PACKAGED AND SHIPPED BY THIRD PARTIES.
WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF ABCblooms OR ANY OF THE RELATED PARTIES EXCEED THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of ABCblooms and its Related Parties shall be limited to the fullest extent permitted by law.
11. INDEMNIFICATION
You agree to indemnify, hold harmless and defend ABCblooms and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents, network service providers, business partners, and licensors at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by ABCblooms arising out of or relating to (a) violation or breach of any term of this Agreement or any policy or guidelines referenced herein, including any unauthorized disclosure of personal or confidential information or (b) use or misuse of the Service.
12. BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE IN DISCOVERY; AND (4) APPEAL RIGHTS WILL BE LIMITED.
(a) If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your Account, and us, our affiliates, and/or agents, if it relates to your Account, your use of the Service, or to this Agreement, except as noted hereafter.
(b) Either party may assert an individual case in small claims court or your state’s equivalent court. Any disputes relating to the enforcement, protection, or validity of the intellectual property rights of either party shall not be subject to arbitration. Nothing in this Section shall limit either party from seeking injunctive or other exigent relief from a court of law.
(c) Notwithstanding any other language in this Section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this Section of the Agreement. However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. Further, you and we may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
(d) YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY OTHER ACCOUNTHOLDER OR USER OF THE SERVICE NOT ON YOUR ACCOUNT.
(e) The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be mailed to 1800 NW 89th Place, Doral, FL 33172. Attention: Legal.
(f) The arbitration administrator shall be JAMS and the arbitration shall be conducted under the Streamlined Arbitration Rules and Procedures of JAMS (“JAMS Rules”) that are in effect at the time the arbitration is initiated. The JAMS Rules can be accessed at http://www.jamsadr.com/rules-streamlined-arbitration/. In the event of a conflict between the terms set forth in this Section of the Agreement and the JAMS Rules, the terms in this Section of the Agreement will control.
(g) The arbitrator must apply the same law and legal principles, consistent with the Federal Arbitration Act (“FAA”), that would apply in court, but may use different procedural rules.
(h) We will pay for all the fees that the administrator or arbitrator charges.
(i) This Arbitration Section of the Agreement is governed by the FAA. Florida law shall apply to the extent state law is relevant under the FAA. The arbitrator’s decision will be final and binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged under the provisions of the FAA.
(j) Except for claims subject to arbitration as provided for in this section (and claims proceeding in any small claims court), all other disputes arising out of or related to your Account, your use of the Service, or to this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Miami, Florida, and you agree to submit to the personal jurisdiction and venue of such courts. IN SUCH INSTANCES, YOU AND WE EACH WAIVE AND AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY, TO THE EXTENT ALLOWED BY LAW.
(k) Severability. You and we agree that if any portion this Section is found illegal or unenforceable (except any portion of subsection (b)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If subsection (b) is found to be illegal or unenforceable, then neither you nor we will elect to arbitrate any Claim falling within that portion of subsection (b) found to be illegal or unenforceable and such claim shall be exclusively decided by a court of competent jurisdiction consistent subsection (j) of this Section.
(l) You may reject this Arbitration Section of the Agreement. To do so, you must send us a notice within 60 days after you open your Account or we first provided you with your right to reject this Section. The notice must include your name, address, and account number, and must be mailed to 1800 NW 89th Place, Doral, FL 33172. Attention: Legal, or emailed to info@ABCblooms.com This is the only way you can reject this Section.
13. TERM AND TERMINATION
This Agreement is effective until terminated. ABCblooms may terminate this Agreement with or without notice for any reason, or for no reason. You may terminate this agreement by discontinuing your use of the Service and notifying ABCblooms in writing.
14. GENERAL
Agreement Revisions. This Agreement may only be revised in writing by ABCblooms, or published by ABCblooms on the Service.
Force Majeure. ABCblooms shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond our control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ABCblooms as a result of this Agreement or your use of the Service.
Assignment. ABCblooms may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void.
Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion shall be severed, and the remainder of the Agreement shall be given full force and effect.
Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Equitable Remedies. You hereby agree that ABCblooms would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws
Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Service.
15. NOTICE TO FLORIDA USERS AND RESIDENTS.
Under Florida Civil Code Section 1789.3, FLORIDA users are entitled to the following consumer rights notice: If you have a question or complaint regarding ABCblooms or the Service, please send an email to info@ABCblooms.com. You may also contact us by writing to:
ABCblooms
Attn: Florida Legal Notice
1800 NW 89th Place
Doral, FL 33172.
Florida residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the Florida Department of Agriculture and Consumer Services by telephone at 1-800-HELP-FLA or 1-800-435-7352, or by postal mail at:
Florida Department of Agriculture and Consumer Services
Plaza Level 10, The Capitol
400 S. Monroe St.
Tallahassee, FL 32399-0800
16. ACKNOWLEDGMENT AND AGREEMENT
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT.
ABCBLOOMS PRIVACY STATEMENT – last updated February 8, 2020.
OUR PRIVACY COMMITMENT
Thank you for visiting ABCblooms or ABCblooms.com (the “Site”), a website dedicated to providing direct flower purchases for retail florists. ABCblooms (the “Company,” “ABCblooms” “we,” “us” or “our”) is committed to respecting the privacy rights and concerns of all users of the Site or our mobile applications (collectively, the “Service”). As such, we have established and implemented this Privacy Statement to inform visitors to the Service of how we use and protect the information we collect through the Service. By visiting, browsing or otherwise using the Service, you consent to ABCblooms’ collection, use, storage, deletion, transfer to the United States, and disclosure of personal information relating to you as set forth in this Privacy Statement. 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 Service.
This policy answers the following questions:
What information do we collect about you and how do we use it?
Will we share your personal information with third parties?
What choices do you have about the collection and use of your personal information?
What security measures do we take to safeguard your personal information?
WHAT INFORMATION DO WE COLLECT ABOUT YOU AND HOW DO WE USE IT?
TYPES OF INFORMATION WE COLLECT
Personal information means information that can be used to identify and contact you. Our Service may be browsed anonymously. If you do not browse anonymously, the Service may collect personal information from you including your email address, mailing address, date of birth, gender, browser cookies, credit card information, PayPal information, telephone number, and billing and shipping information. We also collect the third party flower recipients’ names, addresses, telephone numbers and email addresses that you provide to us.
We may collect personal information when you create an account on the Service; subscribe to our newsletter; participate in Service feedback, questionnaires, surveys, or contests; participate in forums and chat rooms; purchase a product through the Service, or receive customer or technical support.
HOW WE USE YOUR PERSONAL INFORMATION
We may use your personally identifiable information for all legal purposes, including to enhance or improve your experience, our Service, or our delivery services and to perform any other function that we believe in good faith is necessary to protect the security or proper functioning of our Service or delivery services.
ABCblooms may use your email address or other personally identifiable information to send you commercial or marketing messages including, without limitation, newsletters and email communications about our products or services, or those of our partners. We will also use your email address to contact you regarding any customer or technical support issues.
If you purchase goods or services through the Service, ABCblooms may need for you to provide certain financial information so that we may facilitate a payment transaction. As part of the payment system, ABCblooms or third parties performing sales processing services on our behalf will collect, store and use non-public personally identifiable information, such as your name, address, credit card number, phone number, and your e-mail address. In addition, the payment system will also collect information regarding the actual bill payment transaction, including the date and amount paid. ABCblooms will store and protect this information in the same manner that we store and protect other personal information.
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 non-personally identifiable information and analytical and statistical analysis tools relating to the use of the customer data we collect on the Service (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.
COOKIES AND OTHER TECHNICAL INFORMATION
“Cookies” are small bits of electronic information that a website sends to a visitor’s browser and are stored on the visitor’s hard drive. Like many websites, we employ cookies in certain areas of the Site to allow us to provide information to make your online experience more convenient and to enhance your experience with the Service. For example, when you return to the Site after logging in, cookies provide information so that the Site will remember who you are on subsequent visits, speeding up or enhancing your experience of the Service by, for instance, remembering your preferences. Cookies also prevent items placed in a shopping basket from disappearing by the time you checkout. Cookies are not spyware or adware and can’t deliver viruses or run programs on your computer. A user may configure his or her web browsers to accept or reject or delete the cookies, or notify the user when a cookie is being sent.
We may collect other technical information from users of the Service, including their IP address, browser type, domain names, mobile device information, and access times.
TRACKING PIXEL
A tracking pixel is a transparent graphic image (usually 1-pixel x 1 pixel) that is placed on a web page and allows for the collection of information regarding the use of the web page that contains the tracking pixel. ABCblooms uses third-party ad servers to support tracking pixels and cookies.
GOOGLE
Our Service might be using Google AdWords and Google Analytics to help us learn about who visits our site and what pages are being viewed.
SOCIAL MEDIA FEATURES
Our Service interfaces with social media sites currently include Facebook, Twitter, Pinterest, YouTube, LinkedIn, and Instagram. If you choose to share information from the Service through those services, you should review the privacy policy of that service. Those social media sites may collect your IP address or set cookies. If you are a member of a social media site, the interfaces may allow the social media site to connect and view your personally identifiable information.
HOW WE WILL SHARE YOUR PERSONAL INFORMATION WITH THIRD PARTIES
We will share the personal information we collect from you under the following circumstances:
Protection of rights. ABCblooms will share personal information if we have a good faith belief that (1) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (2) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Service, or (3) such action is appropriate to protect the rights, property or safety of ABCblooms, its employees, clients, or users of the Service.
Asset transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of ABCblooms’ assets or a line of business, user information, including personal information collected from you through your use of the Service, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you through a prominent notice on the Service. By sharing your personal information with ABCblooms, you are giving us consent to transfer your personal information to a third party in an asset transfer described here.
Service Providers. We may share your personal information with third-party vendors or service providers that we engage for the purpose of fulfilling product orders or processing information on our and your behalf. For example, we may partner with other companies to process payments for the Service. Additionally, we may partner with or utilize other companies to host our email system or to process, analyze, and/or store data, including, but not limited to, Analytical Data. While providing services for us, these companies may access your personal information. To the extent applicable, we require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures. Without limiting the generality of the foregoing, you authorize us to share (1) your name, email address, mailing address and recipient information with services providers such as PayPal, Federal Express and United Parcel Service in connection with processing of orders and (2) your name and email address with other services providers that we utilize to provide customer support, marketing, and other services. We advise you to read each of their privacy policies.
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 ABCblooms.
When you click on a third party logo or URL displayed on our Service 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.
WHAT CHOICES DO YOU HAVE ABOUT THE COLLECTION AND USE OF YOUR PERSONAL INFORMATION?
By using the Service, you consent to our collecting, using, and sharing it in accordance with this Privacy Statement.
CONTROL OF YOUR INFORMATION
ABCblooms 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” we may send you, such as newsletters, have procedures within them to cancel the receipt of any future mailings.
HOW TO CORRECT OR DELETE YOUR DATA
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: info@ABCblooms.com, or by postal mail at:
ABCblooms
ATTN: Data Request
1800 NW 89th Place
Doral, FL 33172
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.
FLORIDA RESIDENTS: YOUR FLORIDA PRIVACY RIGHTS
Under Florida law, our customers that are Florida residents may request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. See the section above entitled “How We Will Share Your Personal Information With Third Parties” 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 Florida resident, you may opt-out of having your personal information shared with third parties and/or receiving information from ABCblooms (via email or postal mail) about new products, services, or promotions, by contacting us at info@ABCblooms.com or by postal mail at:
ABCblooms
ATTN: Florida Privacy Request
1800 NW 89th Place
Doral, FL 33172
Please include your full name and email address associated with your account and a detailed description of your data request.
GOVERNING LAW
This Privacy Statement is governed by, and construed under, the laws of the United States of America and the laws of the State of Florida, excluding its choice of law provisions.
MEDIATION
You agree that in the event, any dispute or claim arises out of or relating to this Privacy Statement, you and ABCblooms 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 Miami, Florida 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.
WHAT SECURITY MEASURES DO WE TAKE TO SAFEGUARD YOUR PERSONAL INFORMATION?
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, our 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 or mobile network can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot guarantee or warrant the security of any information you transmit to us or through the Service 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 attempt to maintain its security on our systems.
NOTIFICATION OF CHANGES
This Privacy Statement may change from time to time and we will post all changes on the Site. You understand and agree that you will be deemed to have accepted the updated Privacy Statement if you use the Service after the updated Privacy Statement is posted on the Site. If at any point you do not agree to any portion of the Privacy Statement then in effect, you must immediately stop using the Service.
QUESTIONS? CONTACT US
If you have any questions about our privacy practices or this Privacy Statement, please contact us at info@ABCblooms.com.