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Harry & David

Your Privacy

TRUSTe

Last updated December 24, 2019

INTRODUCTION

The 1-800-FLOWERS.COM® family of brands, recognizes and respects the importance of maintaining the privacy of our customers, registered members, gift recipients and users, and has established this Privacy Notice (“Privacy Notice”) as a result. The purpose of this Privacy Notice is to inform you of:

  • the information, including personal information, we may collect from you when you visit our Website, respond to our emails, place orders via mail or fax, use our mobile applications, place orders through social media applications (such as our Facebook App), use our e-Gifting Service or otherwise contact us via telephone, text (SMS, MMS), email, fax or mail (collectively, our "Service"),
  • why we gather information from you,
  • how we collect it,
  • how we use it (including with whom we may share it), and
  • the choices you have regarding our use of, and your access to and correction and deletion of, personal information you have provided.

This Privacy Notice is part of the Terms of Use , which governs your use of our website located at www.1800flowers.com as well as, the website of our Affiliated Brands linked to this Privacy Policy (the "Website") and the Service. The Service is operated by 800-Flowers, Inc. (the "Company"). "Affiliates" are persons or entities directly or indirectly controlling, controlled by, or under common control with, or in the same corporate family as, 800-Flowers, Inc.This Privacy Notice does not cover information you provide to our independently owned and operated franchised retail stores.

For the purposes of this Privacy Notice, and unless you are explicitly notified otherwise, the Company is the controller of your personal information, and where the processing of personal information is also undertaken by our Affiliated Brands with whom you engage , the Affiliate Brands are joint controllers with the Company for your personal information.  Joint controllers are all responsible for deciding how your personal data is held and used. See the “Contact Us” section below for a list of Affiliated Brands’ controllers and their locations and for details on how to contact the Company or exercise your rights with respect to your personal information.

Please Note:

You must be 18 years or older and the age of majority in your place of residence to use, subscribe or register as a member (or 21 years or older in the event that you place a request for transmission of an order for a product containing alcohol). The Service is a general audience site and we do not knowingly collect, maintain or disclose personal information from or about children.. If you are a parent or guardian of a child and become aware that your child has provided personal information to us, please contact us as described in this Privacy Notice and we will take reasonable steps to promptly remove any such information.

Accessibility Statement

1-800-FLOWERS.COM® is committed to ensuring that our Website, Mobile Applications, as well as, our products and services are generally accessible to people of all abilities. The Company is actively engaged in the ongoing process of developing, testing and updating these platforms using the Web World Wide Web Consortium’s (W3C) Web Content Accessibility Guidelines (WCAG) 2.0, Level AA, as a guideline.

If you enjoyed using our Website, Mobile Applications or Customer Contact Centers, or if you encountered difficulty with any of our platforms, we would like to hear from you in any of the following ways:

Email us at: Accessibility@1800flowers.com , or Call us at: 1-800-356-9377

WHY DO WE GATHER INFORMATION?

The Company and the Service gathers information, including personal information, mainly to communicate with you and to process your orders, but also to help improve our products and customer service, to provide an enhanced and more personalized shopping experience and to inform you, and your gift and message recipients, of special offers and discounts from the 1-800-FLOWERS.COM® family of brands, Company Affiliates (as that term is defined below and in our Terms of Use) and selected third parties. 

For individuals in the European Union (“EU”), our processing of your personal data is justified on the following legal bases:

  • the processing is necessary to perform a contract with you or take steps to enter into a contract at your request;
  • the processing is necessary for us to comply with a relevant legal obligation;
  • the processing is in our legitimate interests, subject to your interests and fundamental rights, and notably our legitimate interest in using applicable data to conduct and develop our business activities; or
  • you have consented to the processing.

This Privacy Notice applies to all visitors, including EU residents, Additional information on our privacy practices with respect to EU residents in particular can be viewed here.

WHAT INFORMATION DO WE GATHER?

Depending on how you interact with us, we collect some or all of the following categories of information:

  • Contact and other personal information: your name, address, postal code, telephone number, email address, user ID and contact information, as well asgender and birth date, if you choose, or are otherwise required to enter such information, and interests,
  • Billing information: credit/debit card number, expiration date, CVV code, alternate or additional billing information and billing address,
  • Purchase information: products purchased and occasion type (for example, Mother's Day),any promotion or gift card code and related information (for example, if you are claiming frequent flyer miles),
  • Gift-related information: gift recipients' names, addresses, telephone numbers, and email addresses, and the gift messages you include,
  • Device information about the devices you use to access our Service (includingmobile devices): platform information, user identification number and device location,
  • Application information - including which of your applications are used, how your applications are used and the duration of use of your applications,
  • Network information – including IP address, network carrier and country code, browsing information, such as how you interact with the Service, and
  • other information you provide to us when you participate in our various forums, as well as User Submissions (defined in the Terms of Use ) .Members may also add to their Address Book the name, address and telephone number of friends or other persons to whom they may wish to send gifts or expressions. Other Members do not have the right to view and edit your Address Book entries.

HOW DO WE COLLECT INFORMATION FROM YOU?

A.     In general.

We collect information when you:

  • visit our Website and use our Service,
  • place an order,or receive a gift,
  • participate in our forums, surveys, contests, sweepstakes, promotions, content submissions, chats, bulletin boards, discussion groups, requests for suggestions, and membership registrations, and
  • engage in other activities, services, products and resources we make accessible to our customers, members or users.

The information may be provided directly to us by you when placing an order or participating in a survey, etc., or, as is true of most websites, we gather certain information automatically. This information may include internet protocol (IP) addresses, browser type, device information, internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends and administer the Website. This information may be collected by us even if an order, registration, or other process is started but not completed or is otherwise cancelled.

B.     How we use "Cookies" and "Action Tags."

A "cookie" is a small data file sent to your browser from a web server and stored on your computer. We use cookies to let us know that you are a prior customer, user or Member and to provide certain features to you. Most web browsers allow you to instruct the browser to prevent the use of cookies. However, if you disable this feature, certain aspects of the Services, such as the shopping basket, may not function properly. If you are accessing to our Websites from outside the United States, you might manage your cookie preferences directly through the provided tool. To manage Flash cookies, please click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html

We have relationships with third parties who may collect or receive information directly from the cookies placed by our Service on your computer to assist in analyzing our business and customers. 

Our Service may also use a web technology called "action tags" (also called single pixel gifs or web beacons, local storage objects, and local shared objects) to track purchase, usage and other web activity information. Action tags may be used to provide data to third parties for tracking purposes. In addition, third parties may set their own cookies and tags through our Service (such as through interest-based advertising, described below). We do not control such third parties or their privacy practices. If you do not want third parties to be able to use such methods, you can modify your browser settings to limit such access.

C.     Interest-based advertising.

  1. Our Services.We collect data from you for use in interest-based advertising when you use our Service. Other companies may serve interest-based advertisements on our Service. We use as a guide the Self-Regulatory Principles for Online Behavioral Advertising as administered by the Digital Advertising Alliance ( aboutads.info).

  2. Other Services.Advertisements for our products and services may appear on third party websites around the Internet. Some websites and services deliver these advertisements based upon data that has been previously collected about your past behavior online. For example, if you have viewed websites about gift baskets, these websites or services may display to you an advertisement for our gift baskets. This kind of targeted advertising is sometimes called interest-based or online behavioral advertising. We do not control such third party websites or services on which these advertisements appear. Further, we do not control how they collect and use data about your online activities.

  3. Consent.You may opt-out of being tracked online by certain companies listed at: at  www.aboutads.info/choices/  OR  www.networkadvertising.org/managing/opt_out.asp and may also learn more about online behavioral advertising at such websites. If you opt-out, you will still receive generic advertisements, but they will not be delivered to you by such companies from whom you have opted out based upon your behavioral data possessed by the companies from whom you have opted-out. This process relies upon an opt-out cookie, for each browser and each device, so if you delete your cookies or use a different computer, you will have to repeat this process.

D.     Push Notifications.

As a user who has downloaded our Company’s mobile application, we may from time-to-time send you push notifications to your device in order to communicate with you and advise you of current offers and promotions. To ensure that you receive timely notification of such communications and promotions, we need to collect certain information from your device as indicated above. If at any time you do not wish to receive these types of communications, you may turn them off on your device

E.     Mobile Analytics.

We use mobile analytics software to allow us to better understand the functionality of our Company’s mobile application on your device. This software may record information such as how often you use the application, the events that occur within the application, usage, performance data, and the source from which the application was downloaded. We do not link the information we store within the analytics software to any personally information you submit within the mobile application.

We may also work with third parties that collect data about your use of the Website and other sites or apps over time for non-advertising purposes subject to their privacy policies. We use third party analytics such as Google Analytics to gather and analyze aggregated anonymous user information. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/ You can opt out of Google’s collection and processing of data generated by your use of the Sites by going to http://tools.google.com/dlpage/gaoptout.

HOW WE USE/SHARE THE INFORMATION WE COLLECT

We use information we collect to communicate with you, to process your orders, to improve our products and services (such as by responding to your feedback), to conduct research (such as statistics on favorite -- i.e., most ordered -- products), to provide an enhanced and more personalized shopping experience (for instance, to provide event reminders, such as birthdays), to inform you and your gift recipients of offers and discounts from the 1-800-FLOWERS.COM® family of brands and Company Affiliates, and to enable you to receive credits for purchases under loyalty or buying programs which you have joined.

We may also use your information, as necessary or appropriate in our view, to operate the Service, , respond to your inquiries, process orders or registrations, to conduct promotions, contests, and sweepstakes you participate in.

We may combine information we receive from you via our Service with information from our Affiliates and third parties. We use the combined information to enhance and personalize your shopping experience with us (for example, by keeping your profile up-to-date) and to communicate with you in accordance with this Privacy Notice.We may also use your personal information as indicated at the time of collection or with your consent (where required by applicable law).

In addition, as provided below, the Company may use or share your data with both affiliated and unrelated third parties, for the purposes so identified. 

A.     Affiliate Data Sharing.

** ** We may provide your information to our Company Affiliates for use in connection with their businesses, including sending you offers and promotions. However, in connection with information collected under this Privacy Notice, they are required to comply with this Privacy Notice. . The following categories of information may be shared with our Company Affiliates:

  • Contact and other personal information: your name, address, telephone number, email address, user ID and contact information, as well asgender and birth date, if you choose, or are otherwise required to enter such information, and interests,
  • Billing information: credit/debit card number, expiration date, CVV code, alternate or additional billing information and billing address,
  • Purchase information: products purchased and occasion type (for example, Mother's Day),any promotion or gift card code and related information (for example, if you are claiming frequent flyer miles),
  • Gift-related information: gift recipients' names, addresses, telephone numbers, and email addresses, and the gift messages you include,
  • Device information about the devices you use to access our services (including mobile devices): platform information, user identification number and device location
  • Application information - including which of your applications are used, how your applications are used and the duration of use of your applications,
  • Network information –including IP address, network carrier and country code, browsing information, such as how you interact with the Services; and
  • Other information you provide to us when you participate in our various forums, as well as User Submissions (defined in the Terms of Use ).

B.     e-Gifting Service.

  1. Customer: If you choose to send a gift and notify the recipient using the electronic gift service available on our Website (the “e-Gifting Service”), you will be asked to provide personally information about yourself, your intended gift recipient and the method to communicate the transaction. This information will be shared with our e-Gifting Service technology provider, Smartgift, Inc., for the purpose of administering the e-Gifting Service.
  2. Gift Recipient: If a customer has elected to send you a gift using the e-Gifting Service, your personally information, which is required to deliver the gift to you, will be shared with our e-Gifting Service technology provider, Smartgift, Inc., for the limited purpose of administering the e-Gifting Service.

C.     Sharing with Others To Facilitate Our Services.

We may also share your information with third parties service providers engaged to provide services on our behalf, but authorize them to use such information for our benefit, for instance, to process your order and to better communicate and provide appropriate offers to you and your gift recipient(s). Examples of this include:

  1. InternallyWe may share your information with Company Affiliates as described above, as well as subcontractors, agents, and consultants, who help us operate and improve our businesses and services.

  2. With Our Service ProvidersWe may share your information with third parties who perform services on our behalf. For example, this may include merchandise vendors and payment processors. It may also include companies that send emails on our behalf.

  3. With Our Business PartnersFor example, this may include third parties that provide financial products and services related to our business.

  4. With Third Parties for Marketing Purposes.This may include third parties that support or facilitate our marketing efforts and advertising campaigns, including those based on online behavioral advertising. We also may work with other third parties who also possess your information in order to engage in advertising and other promotional services, for example, to enhance one or both of our advertising or promotional endeavors.

  5. With Any Successors to All or Part of Our Business.For example, if we merge with, acquire or are acquired by another business entity. This may include an asset sale, corporate reorganization or other change of control.

  6. To Comply with the Law or To Protect OurselvesFor example, this could include responding to a court order or subpoena. It could also include sharing information if a government agency or investigatory body requests. We may share information when we are investigating a potential fraud. This could include fraud we think has occurred during a sweepstakes or promotion. We may also share information if you are the winner of a sweepstakes or other contest with anyone who requests a winner’s list.

  7. To Update Our RecordsWe may use your information to match it with other public and private data sources (such as the U.S. Postal Service and publicly available consumer data warehouses) or the records of our business partners solely to enhance our records and keep them current (such as by updating your profile with a new address, interests, and the like).

  8. For other reasons we may describe to you at the time of collection.In addition, we may make such information (except for credit/debit card numbers, expiration dates and CVV codes, unless you consent otherwise), including aggregated information, available to selected third parties including, but not limited to, those who share or rent information for direct marketing purposes. We may use your information to match it with other public and private data sources (such as the U.S. Postal Service and publicly available consumer data warehouses) or the records of our business partners solely to enhance our records and keep them current (such as by updating your profile with a new address, interests, and the like). We also may work with other third parties who also possess your information in order to engage in advertising and other promotional services, for example, to enhance one or both of our advertising or promotional endeavors.

D.     Change of Business.

We may transfer your information in connection with the sale, lease, license, assignment (of part, or all, of our business), acquisition, merger, reorganization or change of control of the Company, our Affiliates, or the division responsible for the Service with which your information is associated, or as part of a bankruptcy proceeding.

E.      For Legal Purposes.

In certain situations, we may be required to disclose personal data in response to lawful requests from public authorities, including to comply with national security or law enforcement requirements. We reserve the right to disclose information we collect from you, or that you provide to us, as required by law, in response to legal process and law enforcement requests, when we believe, in good faith, that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, respond to a government request, and to protect the rights or property of the Company, its Affiliates, users, customers, recipients, Members, Sponsors, Providers, Licensors, Merchants and Associates (as these terms are defined in the  Terms of Use ). 

F.     Social Media

Please note that any personal information you reveal or post on one of our public forums (as defined in the ** ** Terms of Use ), such as a message board, chat room, blog, discussion group, folder, survey, contest, sweepstakes, user review and rate forum, and all User Submissions, are not protected by this Privacy Notice and may be collected, shared and used by us, and with third parties, including to contact you. Information you provide or post on our public forums, you disclose at your own risk. ** **

WHERE WE STORE YOUR INFORMATION

Our Service is operated in the United States and internationally. If you are located outside the United States, please be aware that any information you provide to us may be transferred to, and stored in, any country in which we conduct business, including the United States the EU and the UK. By using the Service or otherwise providing us with information, you hereby consent to this transfer. At times, for orders originating within the EU or UK or being delivered to the EU or UK, we may use third parties located within the EU or UK to process such orders.  In so doing, we take steps to ensure those entities will process your information in a manner consistent with this Privacy Notice.

Although personal information collected by us through the Service will be used by us in accordance with this Privacy Notice, laws generally applicable to the protection of personal data in the U.S. or elsewhere may not be as stringent as those in your home country. 

HOW LONG WE KEEP YOUR PERSONAL INFORMATION

We may retain your information in accordance with our data retention policies and for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements, or until you request us to stop using it.  We may, however, keep some of your personal information to ensure that we comply with your request not to use your personal information or comply with your right to erasure.  For example, we must keep your request to be erased, even if it includes your personal data, until such time as you are no longer our customer.

If you have questions about our data retention policies, or would like a copy of such, please contact us as noted below.

HOW YOUR INFORMATION IS SECURED

The security of your personal information is important to us. If you have any questions about the security of your personal information, you can contact us at feedback@1800flowers.com.

If you place an order on our Website, it encrypts the credit/debit card number you submit prior to transmission over the Internet using secure socket layer (SSL) encryption technology. This technology works best when the website is viewed using Microsoft IE®, Google Chrome®, Mozilla Firefox®, and Apple Safari® browsers. However, no transmission of data over the Internet or any other network can be guaranteed to be 100% secure. Although we make reasonable efforts to safeguard personal information once we receive it, we cannot warrant the security of information we receive. 

Portions of the Service (such as our Member registration and Address Book) may require registration and log-in processes in which you will select a user ID and password (collectively, the "Password"). Passwords provided to you by us are the confidential property of the Company and may be used by you solely for your individual use of the Service (and otherwise as specified by us). You are responsible for maintaining the confidentiality of any Password and for all activities that occur using your Password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your Password or accounts. 

HOW TO LIMIT THE USE OF OR MODIFY YOUR INFORMATION

We want to communicate with you only to the extent you want to hear from us.

Any promotional email we send to you (or your gift recipient after consent, where required by law) will include an “unsubscribe” link to use or a link to opt-out of receiving further promotional emails from the sender.

If you wish to set your preferences concerning promotional communications, or you prefer not to have your personal information shared with third parties, please let us know by contacting us as noted below in the “How to Contact Us” section and identify your preferences regarding promotional communications and the sharing of your contact information. Your instructions will be processed as soon as reasonably practicable and in accordance with law.

Your Privacy Rights

1-800-FLOWERS.COM® family of brands respects your control over your information and, upon request, we will confirm whether we hold or are processing information that we have collected from you. You also have the right to amend or update inaccurate or incomplete personal information (including the right to obtain a copy of the corrected information), request deletion of your personal information, or request that we no longer use it. If you would like to update or correct information previously provided to us, please contact us as indicated below in the “How to Contact Us” section. Upon your written request, we will provide you with information about whether we hold any of your personal informationand will confirmation that the data has been corrected or deleted. We will respond to your request within the allotted timeframe and will notify you if an extension is needed.

Members can directly access, modify and update their membership information (including name, mailing address, birth date, telephone number and email address) by accessing the password-protected "Update Membership" page.

WHAT IF I CHOOSE NOT TO GIVE YOU MY PERSONAL INFORMATION?

You are not obligated to provide us your personal information. However, if the personal information is necessary in order to supply goods or services to you under a contract or an order between you and the Company and you do not give us your personal information, then we will not be able to enter into that contract or honor that order for goods or services.

Nevada Privacy Rights

  • As a Nevada resident, you may submit a request directing us not to make certain disclosures of personal information we maintain about you.You may submit your request to opt-out of the sale of your information by selecting the “Do Not Sell My Personal Information” button at the bottom of our Website page, or by emailing PrivacySupport@1800flowers.com , or by calling us at 1-800-356-9377.

California Privacy Rights

As a California resident, you have the right to request the information we collect about you, from whom it has been obtained, and the categories of business with which we share the information. This information is provided in this Privacy Notice in the sections above.

You may also request:

  • The specific categories of personal information we have collected about you during the previous 12 months;
  • The specific personal information we have collected about you during the previous 12 months, depending upon verification of your identity or verification of the person authorized to act on your behalf;
  • The categories of personal information we have disclosed to third parties about you along with the categories of the organizations receiving that information during the previous 12 months;
  • • The deletion of your personal information, subject to several exemptions available to us.
  • • The right to opt-out of the sale of your information.You may submit your request to opt-out of the sale of your information by selecting the “Do Not Sell My Personal Information” button, located at the bottom of our Website page, or by emailing PrivacySupport@1800flowers.com , or by calling us at 1-800-356-9377.

Prior to honoring your opt-opt request, 1800 Flowers will make a reasonable attempt to verify your identity. You may designate an authorized agent to make a request to disclose or to delete your personal information by providing the authorized agent written permission to do so and by verifying your own identity with us. 1 800 Flowers will not discriminate against you if you take advantage of these rights.

LINKS TO OTHER WEBSITES

The 1-800-FLOWERS.COM® family of brands wants you to be aware that when you click on links and/or ad banners that take you to affiliated or third-party services, except the e-Gifting Service described above, you will be subject to the privacy policies and terms of use of those services, not ours. We encourage you to read the posted privacy statement and user terms whenever using, and prior to providing any personal information to, any other service.

We may provide you with the ability to log into our Service using a social media account, such as Facebook Connect. We do not control the activities of such social media services and have no control over the data they collect or their privacy practices. You should review their privacy practices before using any such social media service.

HOW TO CONTACT US

1-800-FLOWERS.COM® family of brands welcomes feedback concerning this Privacy Policy. Please send your comments and questions to: feedback@1800flowers.com

Please contact us by any method indicated below:

  • Email us at: remove@1800flowers.com from the email address which you wish to have removed (i.e. not shared with third parties), and include your postal mailing address in the message;
  • Write to us at:

Customer Satisfaction Department**1-800-FLOWERS.COM**One Old Country Road**Suite 500**Carle Place, NY 11514  

  • Telephone us at: 1-800-Flowers  (1-800-356-9377)

When contacting us, please include or tell us your mailing address, and if you have a catalog, brochure or other mailing label from us, please include it with your request or have it ready when you call. 

If you would like to update or correct information previously provided to us, please send an e-mail with your new information, including your complete name, postal address, and email address to:  update@1800flowers.com

For further information about our Privacy Policy or our processing of data about you, please contact us at:

Data Privacy Office 1-800-Flowers.com One Old Country Road Suite 500 Carle Place, NY 11514

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request

CHANGES TO THIS PRIVACY Notice

The Company may change this Notice from time to time in the future.  Any such changes will be posted here.  We advise you to check back frequently to see any updates or changes.

By using the Website and the Service, after such changes take effect, you agree to be legally bound and to abide by the revised Privacy Notice and Terms of Use, of which this Notice is a part. 

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