Designer Blooms Inc.

Privacy Notice

Introduction

Capitalized terms not otherwise defined have the meaning attributed to them in Section 2.

Designer Blooms Inc. ("Designer Blooms Inc.", "we" or "us") understands and respects the importance of the Personal Information we collect to manage our business and maintain commercial relationships. We have developed the present privacy notice (the "Notice") to explain how we collect, use, and disclose ("Process") your Personal Information when you visit our site or order our products.  

This Notice also describes the Personal Information protection rights from which you benefit. More information about these rights, and how to exercise them, is set out below in detail.

Definitions

For the purpose of the Notice, the following definitions apply:

"Data Subject" or "you" means an identified or identifiable individual whose information we Processes. 

"Personal Information" means any information relating to an identified or identifiable natural person.

Notice Requirements

Accountability

Designer Blooms is responsible for the Personal Information we Process and have appointed a Chief Privacy Officer ("CPO") to oversee our compliance with applicable privacy laws. 

Designer Blooms Contact details

Designer Blooms Inc.

8321 Willard Street,

Burnaby, British Columbia

V3N 2X3

Canada

T: (866) 418-6248

Email: dbco@designerblooms.com

Contact details of CPO

Maria Luisa Sicam

410-6622 Pearson Way, Richmond, British Columbia

V7C 0E4

Canada

T: (604) 418-8228

Email: igsicam@designerblooms.com

Personal Information We Process

Designer Blooms Processes Personal Information that includes but is not limited to:

1. Identity and contact information: such as your name, address, telephone number, date of birth, job title and function.

2. Financial and payment information: such as information necessary for processing payments and preventing frauds, including credit/debit card numbers, security code numbers and other related billing information.

3. Profile and usage information: such as passwords to our website(s) or password protected platforms or services, your preferences in receiving marketing information from us, your communication preferences and information about how you use our website(s) including the services you viewed or searched for, page response times, download errors, length of visits and page interaction information (such as scrolling, clicks, and mouse-overs). To learn more about our use of cookies or similar technology please check our cookies policy.

4. Technical information: such as information collected during your visits to our website(s), the Internet Protocol (IP) address, login data, browser type and version, device type, time zone setting, browser plug-in types and versions, operating systems and platform. To learn more about our use of cookies or similar technology please check out our cookies policy.

We do not deliberately and intentionally seek to Process sensitive Personal Information about you. 

1. Please note: If you provide Personal Information to us about any Data Subject other than yourself, you must ensure that they understand how their information will be used, and that they have given their permission for you to disclose it to us and for you to allow us, and our outsources service providers, to us it.

Purposes of Processing

Designer Blooms Processes your Personal Information to manage its business and to maintain and develop commercial relationships. We Process such information only to the extent that is necessary for those purposes. If we are required to Process your Personal Information for a purpose that differs from the purposes described herein, we will obtain your consent before doing so except in those circumstances set out in Section 3.8 of the Notice.

Purposes for which we Process Personal Information include the following:

1. To execute any obligations arising from a contract between us and you or to take any steps linked to a contract, with you or your organization. This includes:

1. to register you as a client;

2. to provide our products or other services or solutions, as instructed by you;

3. to administer and manage our relationship with you, including accounting, auditing, and taking other steps linked to the performance of our business relationship; and

4. to Process payments, billing, and collection. 

2. As required by us to conduct our business and pursue our legitimate interests in particular: 

1. to provide our services and to respond to and address any questions or concerns relating to our services;

2. to analyse and improve our services and communications including our internet site operations and to monitor compliance with our policies and standards;

3. to protect the security of our communications and other systems and to prevent and detect security threats, frauds or other criminal or malicious activities;

4. for insurance purposes; and

5. to collect information about your preferences to personalize and improve the quality of our communications with you. 

3. As required by us to conduct marketing or other promotional activity including to communicate promotional material that you have requested and to which you may unsubscribe by clicking on the Unsubscribe link or following the Unsubscribe instructions included in such communication.  

4. As required to comply with any legal duties or to take legal action including: 

1. to protect our rights and safety as well as that of any third parties;

2. to comply with any legal requirements or court orders;

3. to prosecute and defend a court, arbitration, or similar proceeding; and

4. to communicate this information to any advisors who assists us in complying with legal, accounting, or security requirements. 

5. As otherwise permitted by law.

Designer Blooms will only provide you with marketing related information after you have, where legally required to do so, opted to receive those communications and having provided the opportunity for you to opt out at any time.

Designer Blooms will not Process your Personal Information for taking any automated decisions affecting or creating profiles other than as described above.

Designer Blooms will not Process Personal Information for a purpose other than for which it was collected except with your consent unless:

1. Legal, medical or security reasons make it impossible to obtain consent; or

2. We are permitted or required to do so by applicable laws.

How We Collect Personal Information

The circumstances in which we collect Personal Information about you include:

1. When you consult or purchase a product on our website; 

2. When you or your organization offer to provide, or provides, services to us;

3. When your Personal Information is provided to us by a third party because you are the recipient of products we are asked to provide to that third party;

4. When you correspond with us by phone, email or other electronic means, or in writing, or when you provide other information directly to us, including in conversation with our employees;

5. When you browse, complete a form (including information reporting a problem with the internet site) or make an enquiry or otherwise interact on our website or other online platforms you are willingly providing information which could be included in the collection of Personal Information. Depending on the circumstances, this may include Personal Information such as, but not limited to, physical mailing address, personal email address, phone number(s), and other details like gender, occupation, and other demographic information. 

6. When you sign up to receive information from us; and

7. When you enable functions on your technological devices that allow us to identify you, locate you or profile you. 

Consequences of failure to provide Personal Information

Where we need to Process Personal Information by law or in order to complete your instructions or perform a contract we have with you and you fail to provide that Personal Information when requested, we may not be able to carry out your instructions or perform the contract we have or are trying to enter into with you. In this case, we may have to cancel our contract you have with us, but we will notify you if this is the case at the time.

Limiting Processing

Designer Blooms limits the Personal Information we Process to what is necessary for managing our business and maintaining and developing our commercial relationships.

Personal Information Processing while using our Website 

To ensure our internet site is optimized for ease of use, and/or for future communications, Designer Blooms or our service provider(s) may use cookies to collect standard internet information about how and when you use the internet site. This information may include but is not limited to your IP address and location data, weblogs, time, date, language preferences, browser used, referring web addresses, other communication data, searches conducted, and pages visited.

Our email marketing communications may contain a single, campaign-unique "web beacon pixel" to tell us whether our email is opened and combined with other technology verify any clicks through to links within the email. We may use the information for purposes including determining which of our email is more interesting to you and to query whether users who do not open our email wish to continue receiving them. The pixel will be deleted when you delete the email.

You may also choose not to click in the email marketing communications that we send you. This information may be connected to your personal identity.

Designer Blooms' internet site may include widgets, such as the "Share This" button or interactive mini-programs that run on our internet site. These features may collect your IP address, which page you visit on our internet site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our internet site. Your interactions with these features are governed by the privacy policy of the company providing such service.

Designer Blooms' internet site includes links to other internet sites, the privacy practices of which may differ from ours. If you submit Personal Information to any of those internet sites, your information is governed by the Personal Information protection policies of those internet sites and we do not accept any responsibility or liability in respect of third-party sites. Please check the privacy policies published on any third-party sites which you may access thought our internet site before submitting Personal Information to them.

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Mobile Terms of Service

Designer Blooms US

Last updated: Oct. 16, 2023

The Designer Blooms US mobile message service (the "Service") is operated by Designer Blooms US (“Designer Blooms US”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Designer Blooms US’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Designer Blooms US through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Designer Blooms US. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18559072715 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Designer Blooms US mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18559072715 or email dbco@designerblooms.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Disclosure and Retention

Disclosure of your Personal Information

Designer Blooms shares your Personal Information only in the following circumstances and with the following recipients:

1. With our affiliates for the purposes of providing you with our services as described in this Notice; 

2. With third-parties including certain service providers we have retained in connection with the Product we provide, such as couriers, or other necessary entities;

3. On a confidential basis with third-parties for the purpose of collecting your feedback on our service, to help us measure our performance and to improve and promote our services;

4. With companies providing services for money laundering and terrorist financing checks, credit risk reduction and other fraud and crime prevention purposes and companies providing similar services, including financial institutions, credit reference agencies and regulatory bodies with whom such Personal Information is shared;

5. With courts, law enforcement authorities, regulators, government officials or attorneys or other parties where it is reasonably necessary for the establishment, exercise or defense of a legal or equitable claim, or for the purposes of a confidential alternative dispute resolution process; 

6. With service providers who we engage within or outside of British Columbia domestically or abroad, (e.g. shared service centres), to Process Personal Information for any of the purposes listed above on our behalf and in accordance with our instructions only; and

7. If we sell or buy any business or assets, in which case we may disclose your Personal Information to the prospective seller or buyer of such business or assets to whom we assign or novate any of our rights and obligations.

Processing Outside of Canada

Designer Blooms, its third-party service providers and other third parties to whom we disclose information under the Notice may perform activities outside of Canada.

Any Personal Information that is Processed in countries outside of Canada may be subject to the laws of those countries (e.g. where a third party service provider operates internationally). As a result, Personal Information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement officials in countries outside of Canada.

You may seek additional information regarding the Processing of your Personal Information outside of Canada by contacting our CPO at the contact details listed above.

Retention

Designer Blooms will not retain Personal Information longer than is necessary to fulfil the purpose for which it was collected including for the purposes of satisfying any legal, accounting, or reporting requirements and, where required for us to assert or defend against legal claims, until the end of the relevant retention period or until the claims in question have been settled. As this purpose varies depending upon the Personal Information involved, we invite you to contact our CPO for any inquiries pertaining specifically to you.

Upon expiry of the applicable retention period, we will securely destroy your Personal Information in accordance with applicable laws and regulations and with our document retention policy. 

Accuracy

Designer Blooms uses reasonable efforts to ensure that your Personal Information is kept as accurate, complete, and up to date as possible. We do not routinely update your Personal Information, unless such an update in necessary. To help us maintain and ensure that your Personal Information is accurate and up to date, you must inform us, without delay, of any change in the information you provide to us.

Safeguards

Designer Blooms is committed to protecting the confidentiality, integrity, and availability of your Personal Information. We employ security safeguards that are customary in the retail sector and appropriate to the sensitivity of the information, including physical, organizational, and technological measures. Examples of such measures include restricted access to offices, training of personnel, limiting access to information on a "need-to-know" basis, using passwords and well-defined internal policies and practices. 

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of data transmitted to our internet site. Any transmission you provide is at your own risk. Once we have received your information, we will apply our security practices to try to prevent unauthorized access, use and/or disclosure.

Designer Blooms may store and Process your Personal Information at our offices in Burnaby, British Columbia. We use contractual and other means to provide a comparable level of protection while information is being stored, handled, and Processed using any third party service providers.

Openness, Transparency

Designer Blooms is committed to being transparent about our policies and invites you to contact the CPO with any question you may have or to visit our website.

Your Rights

You have various rights with respect to our use of your Personal Information:

1. Access: You have the right to request whether we hold Personal Information on you and to request a copy of such information. To do so, please contact us at the details provided above. There are exceptions to this right, so that access may be denied if, for example, making the information available to you would reveal Personal Information about another person, or if we are legally prevented from disclosing such information. 

2. Accuracy: We aim to keep your Personal Information accurate, current, and complete. We encourage you to contact us using our contact form https://designerblooms.us/pages/contact  to let us know if any Personal Information is not accurate or changes, so that we can update your Personal Information.

3. Complaints: If you believe that Your Personal Information protection rights may have been violated, you have the right to lodge a complaint with the applicable supervisory authority at the following link: https://www.oipc.bc.ca/about/contact-us/ or to seek a remedy through the courts. 

4. Right to Withdraw Consent: If you have provided your consent to the Processing of your Personal Information, you have the right to fully or partly withdraw your consent. To withdraw your consent please follow the opt-out links on any marketing message sent to you or contact the CPO or use our contact form https://designerblooms.us/pages/contact. Once we have received notification that you have withdrawn your consent, we will no longer Process your information for the purpose(s) to which you originally consented unless there is another legal ground for the Processing. Withdrawal of consent to receive marketing communications will not affect the Processing of Personal Information for the provision of our services.

1. You may, at any time, exercise any of the above rights, by contacting the CPO or using our contact form https://designerblooms.us/pages/contact.

We will generally respond to all access requests within 30 days of the receipt of all necessary information. In circumstances where we are not able to provide access, or if additional time is required to fulfill a request, we will advise you in writing.

We may not release certain types of information based upon exemptions specified in applicable laws. Where possible, we will sever the information that will not be disclosed and provide you with access to the remaining information. Should we be unable to provide access to or disclose Personal Information to you, we will provide you with an explanation, subject to restrictions.

In certain circumstances, such as where the request is excessive or unfounded, we may charge you an administration fee for access to your Personal Information. We may also charge for additional copies. We will advise you of any fees before proceeding with a request.

You may learn more about the process or obtain assistance in completing an access request by clicking here https://designerblooms.us/pages/contact or contacting the CPO. 

Resolving Concerns

Any report, concern, complaint or incident of which we become aware that involves conduct that may contravene the Notice will be treated confidentially to the extent possible. However, some disclosure may be necessary to adequately address issues raised, aid enquiry and implement solutions, as appropriate. 

Incident Reporting and Escalation Process

We take all potential or actual Personal Information breaches seriously.

You may report your concerns about the Processing of your Personal Information directly to our CPO.

The CPO will engage the appropriate levels of management to assist with resolution of the issue.

Alternative Actions

While we are committed to resolving all Personal Information matters internally, nothing in the Notice precludes you from contacting the appropriate federal or provincial privacy commissioner.

Prohibition Against Retaliation

We will not retaliate against a Data Subject who, in good faith and on the basis of reasonable belief, raises questions or concerns regarding their Personal Information.

Monitoring / Oversight Mechanisms

The CPO conducts periodic reviews of incidents and issues raised through the incident reporting and escalation process to identify and address systemic issues.

Roles and Responsibilities

Designer Blooms is responsible for communicating the Notice and ensuring that employees fully comply with all relevant aspects of the Notice and the accompanying guidelines.

Business and Infrastructure Units

Business or infrastructure units that Process Personal Information other than as required, are responsible for ensuring that these activities comply with the Notice. 

 Chief Privacy Officer 

The CPO is responsible for:

1. developing Designer Blooms' Personal Information protection strategy;

2. developing and maintaining the Notice, accompanying guidelines and any other policy or procedure related to Personal Information and ensuring they comply with applicable law; and

3. serving as the official liaison with the federal and provincial commissioners.

Maintenance and Review

The Notice is effective September 1, 2022, and supersedes all prior versions. 

Designer Blooms reserves the right to interpret the Notice at its sole discretion and to make changes as it deems appropriate from time to time without the requirement of advanced notice.

Personal Information protection legislation continues to evolve and, as a result, this Notice may be amended by us from time to time at our full discretion without any prior notice or liability to you or any other persons. The Processing of your Personal Information by us will be governed by the version of this Notice in effect at that time

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