deLaFlowers.com Privacy Policy

1. What Personally Identifiable Information do we collect from you?
2. Where do we collect information from you and how do we use it?
3. Who is collecting your information?
4. With whom do we share your information?
5. How may you update, correct or delete your Personally Identifiable Information?
6. What are your choices regarding collection, use and distribution of your information?
7. What security precautions are in place to protect against the loss, misuse or alteration of your information under our control?
8. Cookies/clear GIFs.
9. Children, parental consent and privacy.
10. Policy changes.

In order to better provide you with numerous products and services, each of our Site collects two types of information about its visitors: Personally Identifiable Information and Non Personally Identifiable Information. Our primary goal in collecting information from you is to provide you with a smooth, efficient and customized experience while using our Site.

Personally Identifiable Information: "Personally Identifiable Information" refers to information that lets us know the specifics of who you are and can be used to identify, contact or locate you. Personally Identifiable Information is requested when you register with us, order a product or service, fill out surveys, participate in contests or sweepstakes, correspond with us, or otherwise volunteer information, for instance, through the use of one of our greeting, hint or reminder services or to request a catalog. Personally Identifiable Information might include your name, mailing address, telephone number, mobile phone number, email address, and other identification and contact information. If you are using a greeting, email a friend, hint or reminder service on one of our Site, we may ask you to provide the name, mailing address, email address, telephone number, mobile phone number, age, date of birth, anniversary date or other personal annuity date of you, a friend, a loved one, family members or other third parties, and certain holiday information that may reveal one's religious background, so that we may send them or you an email, hint or reminder about an event that could be made more special with the gift of our products. We may also collect certain financial information, like your credit card number (or a check or money order if using such payment method while ordering via mail); whenever we do so, we will attempt to provide a link to this Policy so that you can confirm how this information will be used. With this information, we can fill your service and product orders and better provide you with personalized services. You also may have the option of importing information into certain Site from third-party software. This information may include the types of information described above, as well as other types of information that you have entered into these third-party programs.

Non Personally Identifiable Information: "Non Personally Identifiable Information" refers to information that does not identify a specific individual by itself or in combination with other information. We may gather certain information about you such as age, date of birth, gender, anniversary date or other personal annuity date of you, a friend, a loved one, family members or other third parties, certain holiday information that may reveal one's religious background, as well as consumer purchasing information based upon where you shop on any one of our Site. This information may be compiled and analyzed on both a personal and an aggregated basis. This information may include the website's Uniform Resource Locator ("URL") that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol ("IP") address. A URL is the global address of documents and other resources on the Internet. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol ("TCP/IP") network, such as the Internet. Networks use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the Internet, allowing Internet servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet, browse and shop.

Our primary goal in collecting personal information is to provide our visitors with a superior customized online experience. Among other things, we use customer contact information to fill orders, contact prior purchasers to inform them of their order status, to remind customers of events through our reminder service(s), to send our customers' friends or loved ones greetings, emails or hints to send our products through a greeting, email a friend or hint service, and to send service and promotional emails.

We may perform statistical analyses of aggregate customer behavior. This allows us to measure relative customer interest in the various areas of each of our Site for product development purposes and to improve the design of our Site. Any information we collect is used for our own internal purposes to improve the content and navigation of our Site, to enhance users' experiences when visiting our Site, to customize the content and/or layout of our pages, and to provide the services required by an individual user. We may also use information to notify consumers about updates to our Site, to complete user initiated transactions, to trace false orders and to contact consumers directly, or through our third-party service partners, for marketing purposes.

We gather information in the following ways:

Shopping: We collect IP addresses for the purposes of system administration, to gather broad demographic information, and to monitor the level of activity on our Site. We collect information from visitors to each of our Site regarding the referring URL, your IP address, which browser you used to come to any one of our Site, the country, state and telephone area code where your server is located, and the pages of any one of our Site that you viewed during your visit.

Ordering: When you order from us, we collect Personally Identifiable Information from you. If you order one of our products or services, we will collect and maintain your name, email address, mailing address, telephone or mobile number, product selections, credit card number (or check or money order information if using such payment methods while ordering via mail), order number, referring URL, IP address and a password, as well as the recipient's name, address, telephone or mobile number and email address. We collect this, and other information, as disclosed in this Policy, in order to fill your order, to communicate with you about your order, or the recipient, as appropriate, and to send you promotional materials. Before confirming your order, you will have the opportunity to review the product order form and make changes and additions to the information it contains and these changes will be automatically kept for future use. If you cancel an order or do not complete an order we may collect and use any email address or other information that you have entered as we would collect and use it if you had completed an order.

When an order is placed for delivery to you by a third party we need to collect Personally Identifiable Information regarding the third party to fulfill the order. This information includes their name, address, telephone or mobile number and email address.

Track/Modify Order: If you use our Track & Modify Your Order service we will gather your email address and account password, if you have one, in order to locate your order so that we may give our most recent tracking information, or so that you may modify the order. If you choose to modify your order, we may collect information that we would normally collect when you order products, as explained in the above paragraph.

Notices to Recipients: If you are a recipient of an order placed by a third party we may send one or more emails regarding such order, including regarding customer service issues. In addition, we may send you additional emails in compliance with applicable laws in order to promote our Site and services and to seek your consent to opt in to receive our various newsletters, promotional emails and other services. If we send you emails notifying you of an order, or that promote our Site and services, they will contain an opt out link or email address. We may also telephone you regarding the shipment of your order. You can also opt out of receiving newsletters, promotions, non-transactional related emails or phone calls from us hereunder by calling us at 888-335-2356 or by sending an email to us at info@delaflowers.com.

Cookies/Clear GIFs: In conjunction with our third-party service partners, we make limited use of cookies and clear GIFs to gather information when you visit any one of our Site, make a purchase and when you click through to any one of our Site from a targeted email, newsletter or partner site. We may also use cookies and clear GIFs to gather and compile such information about you when you return to our Site so that we may better customize our services to you. To find out what cookies and clear GIFs are and how they can be used, please refer to Section 8 of this Policy below.

Contact Information and Third-Party Data: If you contact us by telephone, email or letter, we may keep a record of your contact information, correspondence or comments. If you report a problem with any one of our Site, we may collect such information in a file specific to you. If you provide us feedback through any one of our Site, by email or by calling one of our customer service representatives, we may ask for your name and email address in order to send you a reply. If other users or third parties send us correspondence about your activities or purchases on any one of our Site, or if you are the recipient of products sent by another customer, we may keep the information in a file specific to you. If you are using a greeting, hint or reminder service on one of our Site, we may ask you to provide the name, mailing address, email address, telephone number, mobile phone number, age, date of birth, anniversary date or other personal annuity date of you, a friend, a loved one, family members or other third parties, and certain holiday information that may reveal one's religious background, so that we may send them or you a hint or reminder about an event that could be made more special with the gift of our products. We store this information for the purpose of sending one or more emails in connection with such an event. You, the loved one, friend, family member, or other third party, may contact us at info@delaflowers.com to request the removal of this information from our database.

Greeting, Hint and Reminder Services: If you choose to use a greeting, email a friend, hint or reminder service on one of our Site, we may ask for and store your name, email address, mailing address, telephone number, mobile phone number, age, date of birth, gender, certain holiday information that may reveal one's religious background and other identification and contact information. We may ask you to provide the name, mailing address, email address, telephone number, mobile phone number, age, date of birth, anniversary date or other personal annuity date of you, a friend, a loved one, family members or other third parties, and certain holiday information that may reveal one's religious background, so that we may send them or you a hint or reminder about an event that could be made more special with the gift of our products. Misuse of our greeting or email a friend service by providing false email addresses or posing as someone else when sending a greeting or email may result in legal action and the disclosure of information about you, including your computer’s IP address, as part of any investigation into your actions.

Except as otherwise expressly discussed in this Policy, only we collect your information. This Policy only addresses the use and disclosure of information we collect from you. We encourage you to ask questions and to be very cautious before you disclose your Personally Identifiable Information to others. We may utilize third-party advertising service partners that may collect information about you through the use of cookies or clear GIFs when you click on its advertisements, open promotional emails or newsletters or visit our Site via a link in a promotional email or newsletter. Any information that may be gathered in this manner is solely for our use; however, a third-party advertising service partner may use this information in a non-personally identifiable aggregated form for its own purposes.

From time to time, we may utilize the services of third-party survey providers that may collect Personally Identifiable Information from you for certain services, including voluntary surveys that are conducted on our behalf and certain of our reminder services. This may include information regarding you, as well as third parties about whom you provide information. If you chose to participate in these surveys, or use these services, this Personally Identifiable Information may be stored on the servers of the third-party survey providers used by us, but this Personally Identifiable Information will remain the sole property of us and will be handled in accordance with this Policy.

We also utilize third-party providers for our same-day florist delivery service, wine sales and affinity or cross-sell membership programs. We make sure to disclose such relationships to you on the website pages where any such information is being collected from you. Unless otherwise disclosed to you, any such third-party providers collect information from you solely on our behalf.

In addition, we currently employ one or more third-party service partners that track the traffic on our Site. However, the only information that may be gathered by such third parties is Non Personally Identifiable Information with the exception of email addresses.

Except as otherwise stated in this Policy, we do not sell, trade or rent your Personally Identifiable Information collected on our Site to others. The information collected by our Site is used to process orders, to keep you informed about your order status, to notify you of products or special offers that may be of interest to you, and for statistical purposes for improving our Site. We will disclose your Personally Identifiable Information to third parties for tracking purposes, to charge your credit card (or process your check or money order, as appropriate), fill your order, improve the functionality of our Site, customize our marketing efforts with you and perform statistical and data analyses, deliver your order and deliver promotional emails to you from us. These third parties may not use your Personally Identifiable Information other than to provide the services requested by us. For example, we must release your credit card number to confirm payment and release your mailing address information to the delivery service to deliver products that you ordered. We also share website usage information we gather from visitors to our Site who have received a targeted promotional campaign with our third-party advertising service partner for the purpose of targeting future campaigns and upgrading visitor information used in reporting statistics. For this purpose, we and our third-party service partners note some of the pages you visit on any one of our Site through the use of clear GIFs.

From time to time we may disclose certain information (names, postal addresses and non-sensitive transactional information such as your purchase history, amounts paid and products ordered) to direct marketing companies for trade or rental purposes. You may opt out, or instruct us not to distribute such information to third parties in the future by sending an email with such instructions to info@delaflowers.com; however, we may not be able to provide you our full range of services if we cannot distribute certain Personally Identifiable Information.

Recipient Requests: From time to time we are contacted by flower and other gift recipients who ask us who the sender was. If we receive a request from a recipient asking who sent flowers or another gift we will provide the name and any other information as contained on the gift message accompanying the flowers or gift. If there is no gift message filled out or if there is no name on the gift message we may ask the sender via email. If we receive approval to disclose the sender's name from the sender via email or in writing, we will then inform the recipient. If the sender does not reply via email or in writing or if the sender denies permission, then we will not reveal the sender's identity to the recipient.

Enforcement of Law: From time to time, we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order or subpoena or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

Merger and Acquisitions: In the event of a merger, consolidation, or sale or transfer of all or substantially all of the assets or business of Topanga Ventures, LLC (a "Successor"), one of the assets which would generally be transferred is the information we collect from our customers. However, the use of this information by any Successor would still be governed by the terms of this Policy, as amended from time to time, including any amendment after such transaction, and you will continue to have the right to opt out of sharing your information with third parties.

During the online ordering process you can review, change or delete the information that you have submitted. We are updating our Site so that you may change any of your personal information in your account(s) online at any time. You may ask us in writing via mail or email at info@delaflowers.com to have the information on your account deleted, updated or corrected; however, because we keep track of past purchases, you cannot delete information associated with past purchases. Note that we may retain changed or deleted information for archival or other purposes.

We employ reasonable security measures to protect the security of the information you submit to us. The importance of security for all Personally Identifiable Information associated with our customers is of utmost concern to us. Our secure servers protect this information using password protection and advanced encryption, and we may use firewall technology for additional protection.

In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third-party banking institutions, process agents and distribution institutions. They receive the information they need to verify and authorize your credit card transactions and to ship your order. When collecting credit card information for online purchases, we offer secured server transactions that encrypt your information in transit to thwart someone from intercepting it and misusing it. When you access your account information, the information is kept on a secure server. Furthermore, all of the customer data we collect is protected against unauthorized access by physical security means.

We also encourage our partners and service providers to adopt and follow stringent consumer privacy policies.

Cookies: Like many other commercial Site, our Site utilize standard technologies called "cookies" and clear GIFs to collect information about how each of our Site is used. A cookie is a small data text file, which a website stores on your computer's hard drive (if your web browser permits) that can later be retrieved to identify you to us. Cookies were designed to help a website recognize a user's browser as a previous visitor and thus save and remember any preferences that may have been set while the user was browsing the site. A cookie cannot be read by a website other than the one that set the cookie. Cookies can securely store a customer's password, personalize home pages, identify which parts of a site have been visited or keep track of selections, such as those selected in a "shopping cart." For instance, cookies allow us to prepopulate (or fill in) an email field with your email address if you revisit one of our Site and place an order. A cookie cannot retrieve any other data from your hard drive, pass on a computer virus, or capture your email address.

We send a cookie to your hard drive when you make an order to record the product name, category of product that you ordered, the amount paid, the order number and any referral codes. No Personally Identifiable Information is recorded. When you click through to any one of our Site from a promotional email, our third-party advertising service partner may send a cookie to your hard drive recording your IP address and other related information.

Clear GIFs: At times, we work with third-party service partners that employ clear GIFs (also known as pixel tags, single pixel GIFs, web beacons or action tags) for our benefit to help us measure advertising effectiveness. Clear GIFs help us better manage content on our Site by informing us of what content is effective. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of our users. The main difference between the two is that clear GIFs are invisible on the page and are much smaller, about the size of the period at the end of this sentence. Clear GIFs are not tied to your Personally Identifiable Information.

These third-party service partners use clear GIFs: (i) in HTML based emails to let us know which emails have been opened by recipients; (ii) to record when products have been ordered from our Site; and (iii) to track the visitor traffic on our Site. These clear GIFs allow us to measure the usage of each of our Site by our visitors and the effectiveness of certain communications and marketing campaigns. We may also use clear GIFs in a similar manner in our own emails and on our Site.

Clear GIFs can "work with" existing cookies on a computer if they are both from the same website or advertising company. That means, for example, that if a person visited "www.companyX.com", which uses an advertising company's clear GIF, the website would match the clear GIFs identifier and the advertising company's cookie ID number, to show the past online behavior for that computer. This collected information can be shared with the advertising company. We do, at times, provide such information to our third-party advertising service partners, but that information can only be used by our partner for our benefit.

The Children's Online Privacy Protection Act took effect on April 21, 2000, and imposes certain requirements on Site directed toward children under 13 that collect information on those children, or on Site that know they are collecting Personally Identifiable Information from children under the age of 13. We want to let you know that it currently is our policy not to collect Personally Identifiable Information from any person under 13 because children are not permitted to use the Site or services on the Site, and we request that children under the age of 13 not submit any personal information to us via the Site. As one measure to ensure that we do not gather Personally Identifiable Information from children, we require that all individuals provide a valid credit card number before completing a purchase order. If we learn that we have inadvertently gathered Personally Identifiable Information from children under 13, we shall attempt to notify such child's parent or guardian and erase such information from our records, unless the child's parent or guardian consents to our maintaining such information. Our greeting, hint or reminder services are designed not to gather birthdates (with years) or other personal information directly from children under 13. However, there may be instances where you will be allowed to enter birthdates (with years) for children under 13 while using one of our greeting, hint or reminder services whereby no Personally Identifiable Information other than name may be linked to such child. This process is designed so that we will not knowingly market to such children under 13 while being able to provide you with increased functionality for our greeting, hint or reminder services.

Other Site accessible through any of our Site have their own privacy policies and data collection, use and disclosure practices. Please consult each site's privacy policy. We are not responsible for the policies or practices of third parties. Please be aware that our Site may contain links to other Site on the Internet that are owned and operated by third parties. The information practices of those Site linked to our Site are not covered by this Policy. These other Site may send their own cookies or clear GIFs to users, collect data or solicit Personally Identifiable Information. Additionally, other companies which place advertising on our Site may collect information about you when you view or click on their advertising through the use of cookies or clear GIFs. We cannot control this collection of information. You should contact these advertisers directly if you have any questions about their use of the information that they collect.

We also may have co-branded Site that are maintained by us in connection with one or more of our third-party business partners but which do not contain this Policy or a link to this Policy. When you submit information to one of these co-branded Sites you may be submitting it to both us and our third-party business partners or just to our third-party business partner. Note that these co-branded Sites may contain, or link to, privacy policies that contain terms and conditions different than those contained in this Policy. Again, this Policy only pertains to the information we collect and we are not responsible for the privacy policies or practices of our business partners. We encourage you to read the privacy policies of those co-branded Site so that you will always know what information we gather and what information is gathered by our third-party business partner, how each of us might use that information, to whom each of us will disclose it and what choices you have.

This Policy was last changed on April 25, 2007. If we make changes to any terms or conditions of the Policy, the changes will be posted on this portion of the Site so that you will always know what information we gather, how we might use that information, to whom we will disclose it and what choices you have. Any change, modification, addition or removal of portions of this Policy will be announced on our Site at least ten (10) days before it is implemented. Please be sure to check this page before proceeding to use our Site.

Attn: Legal Department
300 East Maple Rd., Suite 200
Birmingham, MI 48009
Phone: (248) 594-6343
Fax: (248) 282-0393
e-mail: dino@delaflowers.com