Privacy Policy

Effective as of September 27, 2023

Thank you for visiting https://bouqs.com/ (the “Site”), a service to help you shop for the most beautiful and sustainable flower bouquets. When you browse or use the Site, The Bouqs Company mobile application (the “App”), other related applications or online services offered by The Bouqs Company (together with the Site, the “Service” or “Services”), purchasing any floral goods through the Service, or entering into any other transactions on the Service, The Bouqs Company (the “Company,” “The Bouqs,” “we,” “us,” or “our”) will collect certain personal information about or from you

Individuals in California can see the “Notice to California Residents” section below for more information.

1. PERSONAL INFORMATION WE COLLECT

We collect information from or about you in a variety ways, including:
• When you submit information directly to us through the Service (such as when you create an account, make a purchase, or correspond with us).
• When you visit and interact with our App and Site.
• From third party websites, services, and applications (such as our social media pages).

Below, we detail the specific types of information we process.

A. CONTACT AND ACCOUNT INFORMATION

When you create an account or otherwise interact with the Service, you may provide information such as your name, username, password, postal address, and email address.

B. COMMUNICATIONS

We will collect the communications that we exchange with you, including when you contact us with questions, feedback, or otherwise.

C. MARKETING DATA

We may collect your preferences for receiving our marketing communications and details about your engagement with them.

D. PAYMENT AND TRANSACTION INFORMATION

If you purchase goods or services through the Service, we may ask you to provide certain financial information so that we may effect a payment transaction. As part of the payment system, we or third payment processors may process your name, address, credit card number, phone number, and your e-mail address, in order to process the transaction and provide you the service you requested. In addition, the payment system will also collect information regarding the actual bill payment transaction, including the date and amount paid.

E. AUTOMATICALLY COLLECTED INFORMATION

We, our service providers, and our business and advertising partners may automatically log and combine information about you, your computer or mobile device, and your interaction over time with the Services, online resources, and our communications, including:

• Device data, such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, and general location information such as city, state, or geographic area.

• Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Services, navigation paths between pages or screens, information about your activity on a page or screen, access times, duration of access, and whether you have opened or otherwise engaged with our communications, such as our marketing emails, or clicked links or files within them.

We collect such personal information automatically via cookies, pixel tags, local storage technologies, web beacons or similar technologies on our Service, including for conducting analytics and advertising. For more information, please see the “Cookies and other tracking technologies” section below.

2. HOW WE USE YOUR PERSONAL INFORMATION

We may use your personal information: (1) to provide to you and communicate with you about the Services, content, features, or products you use or request; (2) to customize and optimize the content or advertisements you receive when you use the Service, and otherwise enhance or improve your experience, our Service, or our delivery services; (3) to analyze and improve our Services, which may include traffic, usage, and navigation patterns related to your activities on the Service and the links we provide to third party websites or advertisements; (4) to secure your account and prevent fraud; (5) for compliance and protection purposes, including to protect our or third party rights or interests; (6) to advertise to you or send you commercial or marketing messages including, without limitation, newsletters, and email communications about our Services, or those of our partners; (7) in any other way we may describe when you provide the information; and (8) for any other purpose that we believe in good faith is necessary to protect the security or proper functioning of our Service or delivery services.

We may also aggregate your information with information about other users, and de-identify your information by removing characteristics (such as your name or email address) that make the information identifiable to you. We may use such information for our lawful business purposes.

3. HOW WE DISCLOSE YOUR PERSONAL INFORMATION

We may share your personal information under the following circumstances:

• Compliance and protection. We may share your 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 The Bouqs, its employees, clients, or users of the Service.

• Business transfers. If we become involved in a merger, acquisition, change of control, bankruptcy proceeding, or other transaction involving the sale of some or all of our assets, stock, or a line of business, user information, including information collected from you through your use of the Service, could be included in the transferred assets. Should such an event occur and the acquirer will use your information contrary to this Privacy Statement, we will use reasonable means to notify you through a prominent notice on the Service.

• Business partners. We may share your information with our business partners for those partners’ own marketing purposes.

• Service providers. We may share your information with third-party vendors or service providers that we engage for the purpose of operating the Service, including for fulfilling product orders and advertising to you. 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. Without limiting the generality of the foregoing, we may share (1) your name, email address, mailing address, and recipient information with service 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.

• When you otherwise consent to sharing your information. We may ask for your consent to share your personal information, and if you agree, we will share your personal information accordingly. For example, we may ask whether you wish to participate in promotional offers that require us to share your personal information with a partner in order to redeem the promotion. If you agree to participating in the promotion, we will share your personal information as directed.

We may also share your information if we deem it necessary in our sole discretion to protect our legal and legitimate business interests.

When you purchase flowers and other products via the Service to send to another individual (such as a friend or family member), your identity will not be disclosed to the recipient, except if you direct us to disclose your identity to the recipient, such as via the contents of the gift message.

4. COOKIES AND OTHER TRACKING TECHNOLOGIES

We use the following tracking technologies to collect “Automatically collected information.” Such technologies include:

• Cookies are text files that websites store on a visitor’s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand activity and patterns, and facilitating online advertising.

• Local storage technologies, like HTML5, provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.

• Web beacons, also known as pixel tags or clear GIFs, are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.

You can review your choices with respect to tracking technologies by viewing the “Online tracking opt out” section below.

5. INFORMATION RELATED TO ADVERTISING

We, our business partners, and our advertising partners, including third party advertising companies and social media companies, may display ads on the Service and on other online services. These companies may use tracking technologies to collect internet activity data over time across the Service, our communications, and other online services, and use that information to serve online ads that we think will interest you. This is called interest-based advertising. We may also share information about our users with these companies to facilitate interest-based advertising to similar users (known as a “lookalike audience”) on other online platforms.

You can learn more about your choices for limiting interest-based advertising in the “Online tracking opt out” section below.

6. GOOGLE ADS AND GOOGLE ANALYTICS

Our Service uses Google Ads and Google Analytics to help us learn about who visits our Site and what pages are being viewed. Google Ads and Google Analytics uses cookies to help us analyze how users use the Services. The information generated by the cookie about your use of the Service (including your IP address) will be transmitted to, and stored by, Google on their servers. Google will use this information for the purpose of evaluating your use of the Services, compiling reports on website activity for us, and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.

7. “DO NOT TRACK”

In compliance with California legislation, AB370, effective January 1, 2014, our practices in responding to “do not track” signals and collecting user information over time and across a network of websites when you visit the Service are as follows: We do not honor the request of “do not track” signals sent by your browser when you visit the Site.

8. YOUR CHOICES

Opt out of marketing communications. You may opt out of marketing-related communications by following the opt-out or unsubscribe instructions contained in the marketing communications we send you.

Online tracking opt out. There are a number of ways to opt out of having your online activity and device data collected through tracking technologies, which we have summarized below.

• Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.

• Blocking advertising ID use in your mobile settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.

• Using privacy plug-ins or browsers. You can block our Site from setting cookies used by third-party advertising providers for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, Ghostery, or uBlock Origin, and configuring them to block third party cookies/trackers.

• Platform opt-outs. Certain third-party advertising providers offer opt-out features that let you opt out of use of your information for interest-based advertising, including:

o Google

o Facebook

• Advertising industry opt-out tools. You can also use these opt-out options to limit use of your information for interest-based advertising by participating companies:

o Digital Advertising Alliance: https://optout.aboutads.info

o Network Advertising Initiative: http://optout.networkadvertising.org/?c=1

Note that because these opt-out mechanisms are specific to the device or browser on which they are exercised, you will need to opt-out on every browser and device that you use.

Personal information rights requests. Depending on your jurisdiction, we offer you choices that affect how we handle the personal information that we control.

• Information about how we collect and use your personal information. We have made this information available to you without having to request it by including it in this Privacy Statement.

• Access and portability. You may request a copy of the personal information that we have collected about you. Where applicable, we will provide the information in a portable, machine-readable, and readily-usable format.

• Correction of personal information that is inaccurate or out of date.

• Deletion of personal information that we no longer need to provide the Services or for other lawful purposes.

• Opt out of the sale of your personal information or sharing of your personal information for targeted advertising purposes.

You are entitled to exercise the rights described above free from discrimination. California residents can empower an “authorized agent” to submit requests on their behalf. We will require the authorized agent to have a written authorization confirming that authority.

We may need to confirm your identity to process your requests to exercise your choices. We may not be able to process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.

To exercise the above rights, please contact us by:
• Visiting the Deletion Request Form
• Visiting the Do Not Sell or Share My Information Form
• Calling 888-320-2687
• Emailing us at [email protected]
• Reaching us at www.bouqs.com/help

Limits on your choices. In some instances, your choices may be limited, such as where fulfilling your request would impair the rights of others, our ability to provide a service you have requested, or our ability to comply with our legal obligations and enforce our legal rights. If you are not satisfied with how we address your request, you may submit a complaint by contacting us as provided in the “Contact us” section below.

9. SOCIAL MEDIA FEATURES

Our Service interfaces with social media sites such as Facebook, Twitter, Pinterest, Instagram, and YouTube and may allow you to log in or create an account using your existing social media accounts. If you login to the Service through such a third party site, we access and collect information about your use of the third party site and information you provide to such third party site. If you choose to share information from the Service through those third party sites, you should review the privacy policy of that service.

10. CHILDREN’S PRIVACY

We do not knowingly collect or solicit any personal information from children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information. If you believe that we might have any information from or about a child under 13, please send a detailed message to [email protected].

11. ADDITIONAL INFORMATION YOU SHOULD KNOW ABOUT THIRD PARTIES

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

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 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 information.

12. SECURITY MEASURES

The information we collect about you when you use the Services is stored on servers that are located in secured facilities and protected by protocols and procedures designed to safeguard 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 ensure or warrant the security of any of your information, and you acknowledge that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.

13. RETENTION

Where required under applicable laws, we retain personal information only for as long as is necessary to fulfill the purposes for which it was collected and processed, in accordance with our retention policies, and in accordance with applicable laws and regulatory obligations.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of personal information, the purposes for which we use personal information and whether we can achieve those purposes through other means, and the applicable legal and regulatory requirements.

14. NOTIFICATION OF CHANGES

This Privacy Statement is effective as of the date stated at the top of this Privacy Statement. This Privacy Statement may change from time to time, and we will post all changes on the Service. If required by law, we will also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via email or another manner through the Service.

15. CONTACT US

If you have any questions or concerns about this Privacy Statement, please contact us at [email protected] or by postal mail at:

The Bouqs Co
Attn: Privacy Officer
4094 Glencoe Ave
Marina Del Rey, CA 90292

Notice to California Residents

The chart below provides a high-level snapshot of our privacy practices, by reference to the categories of “Personal Information” specified in the California Privacy Rights Act. You need to read the entire Privacy Statement for complete information.

Category	Collected	How We Collect	Primary Purposes of Processing	Key Recipients/Disclosures	Can You Limit Sharing?
Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name	Yes	When you visit or use our Services; from third-party sites and services	To provide our Services; improve, monitor, and personalize our Services; communicate with you; for marketing and advertising	Service providers at your direction Business Partners	Service providers: No Business Partners: Yes
Characteristics of protected classifications under California or federal law	No	N/A	N/A	N/A	N/A
Commercial information, including but not limited to records of personal property, products or services purchased, obtained or considered or other purchasing or consuming histories or tendencies	Yes	When you visit or use our Services	To provide our Services; improve, monitor, and personalize our Services; communicate with you; for marketing and advertising	Service providers Business Partners	Service providers: No Business Partners: Yes
Personal information categories listed in the California Customer Records Statute (e.g., name, contact details)	Yes	When you visit or use our Services; from third-party sites and services	To provide our Services; improve, monitor, and personalize our Services; communicate with you; for marketing and advertising	Service providers at your direction Business Partners	Service providers: No Business Partners: Yes
Biometric information	No	N/A	N/A	N/A	N/A
Internet or other electronic network activity information, including but not limited to browsing history, search history and information regarding a consumer’s interaction with an internet website application or advertisement	Yes	When you visit or use our Services	To provide our Services; improve, monitor, and personalize our Services; for marketing and advertising	Service providers Business Partners	Service providers: No Business Partners: Yes
Geolocation data	Yes	When you visit or use our Services	To provide our Services; improve, monitor, and personalize our Services; for marketing and advertising	Service providers Business Partners	Service providers: No Business Partners: Yes
Audio, electronic, visual, thermal, olfactory or similar information	No	N/A	N/A	N/A	N/A
Professional or employment-related information	No	N/A	N/A	N/A	N/A
Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99)	No	N/A	N/A	N/A	N/A
Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes	Yes	When you visit or use our Services; from third-party sites and services	To provide our Services; improve, monitor, and personalize our Services; for marketing and advertising	Service providers Business Partners	Service providers: No Business Partners: Yes
Sensitive personal information (as defined in CA Civil Code 1798.140 (ae))	No	N/A	N/A	N/A	N/A