Effective January 1, 2023
Thank you for using the Bougainvillea Bloom Website. This privacy policy ("Policy") describes how the Bougainvillea Bloom ("we", or "us") collects, uses, and otherwise processes your personal information.
It is your choice whether or not to provide personal information to us. If you choose to do so, you are giving us your express consent to use, process, and disclose your personal information as set forth in this Policy. If you choose not to provide your personal information to us, you may not be able to use the full extent of our services.
In the event that you are reading this Notice, and incorporated material, in a language other than the English language, you acknowledge and agree that the English language version hereof shall prevail in case of inconsistency or contradiction in interpretation or translation.
1. Scope of this Policy
This Policy is intended to describe how we process personal information relating to the use of the Website and related means of communicating with us. This Policy does not apply to information that:
- we collect offline or through any other means not listed above;
In this Policy, “personal information” means information relating to an identified or identifiable natural person. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identified such as a name, an identification number, location data, and online identified or to one or more factors specific to his/her physical, physiological, genetic, mental, economic, cultural, or social identity. Personal information does not include aggregate information or de-identified information, meaning that the information can no longer be attributed to an identifiable natural person without the use of additional information.
Personal information is required for us to be able to provide certain features of our Website or services to you.
2. Personal Information We Collect and How We Collect It
We collect personal information from and about users of our Website. As described in further detail below, you provide some of this information directly, such as when you complete an online form or contact us, and some of this information will be collected from your device.
A. Information that you provide to us
You may provide us with certain personal information when you:
- Register for a Bougainvillea Bloom Account;
- Order Products or gift certificates;
- Request customer support or send us any other communication;
- Sign up for newsletters or email alerts;
Personally-identifiable information may include your name, email address, billing address, shipping address, and credit card number. You may also provide us with information about other people, such as their email addresses, if you email a Product to a friend, invite a friend to Collaborate, or refer a friend to the Website or our promotions.
When you interact with us, we may collect and process the following categories of personal information:
- Your contact information, including your name, the company you are associated with, your role with your company, your company address, your phone number and email address;
- IP Address, Device IDs, and other information related to the use of the Website and services;
- Our communications with you, including whether you opened an email, SMS, or other notifications, that we sent to you, clicked on any links contained in the email, SMS, or notifications, and information about the device you used to do so.
If you register for a Bougainvillea Bloom Account, you will choose and provide us with an email address and password. When you upload Content, post a comment or message on the Website, your Username, and any other uploaded content such as review images, may be visible to Bougainvillea Bloom employees.
B. Passive information collection
When you visit the Website, certain personal information may be passively collected, meaning it is gathered without your actively providing it. This data may include your IP address, location (city/state/country), Website usage information, and device information.
We use cookies on the Website to improve the quality of our Website and services to you. We use cookies for several purposes, in order to offer a fast and safe digital experience, for example, allowing to maintain an active connection during navigation through the Website pages; to store credentials in a safe mode; and to identify the Website pages that have already been visited, in order to prevent them from being proposed again.
A cookie is a small text file that our Website sends to your computer to allow the Website to store information that uniquely identifies our Users. The cookies in use on the Website store a token that uniquely identifies a particular user at a particular time. That token is then linked to the user information in our secured databases. You can always delete the cookies and reset your browser to refuse all cookies or to display a message when a cookie is being sent. If you reset your browser, some of the Website features and functionality may not be available to you and you may not be able to take advantage of all the features on the Website.
We also collect IP addresses and certain information through the use of web beacons and log files. Such information may include your browser type, Website usage, and whether you opened emails you received from us.
More information about the third party integrations on our Website or services, is available in our Cookies & Other Similar Technologies Notice, which is incorporated into and made a part of this Privacy Policy.
3. How We Use Personal Information
While the purposes for which we may process personal information will vary depending upon the circumstances, in general we use personal information for the purposes set forth below.
We may use information that we collect about you to:
- create an account for you on our Website
- validate your age
- verify your identity
- deliver other services or information that you have requested
- to honor opt-outs, and similar suppression activities
- perform research and analysis about your use of, or interest in, our Website
- perform marketing activities, which may include audience development and targeting
- for service administration where we need to contact you for reasons related to our Website (for example, contact you in response to your requests, comments, and questions)
- enforce our Terms of Use Agreement
- manage our business and perform functions as otherwise described to you at the time of collection
- protect against or identify possible fraud
• for legal compliance purposes
If you are in the United Kingdom, European Union, or Switzerland, our lawful basis for processing your personal information may be consent, compliance with legal obligations, or the pursuit of our own legitimate business interests.
4. Sharing of Personal Information
As discussed more fully below, we disclose your personal information as necessary to provide the services you request, including disclosing information to service providers; when required by law; to protect rights and safety, and with your consent.
Other situations: We also may disclose your information:
- In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Terms of Use Agreement or other agreements or policies.
- In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, reorganization, or asset sale, or in the unlikely event of bankruptcy.
- When you provide us with your consent to share your information with third parties.
Third-Party Privacy Policies: Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.
Categories of personal information sold or shared. While we do not disclose personal information to third parties in exchange for monetary compensation from such third parties, we do disclose or make available personal information to third parties, in order to receive certain services or benefits from them, such as when we allow third party tags to collect information such as browsing history on our Website, to improve and measure our ad campaigns. The California Consumer Privacy Act (the “CCPA”), defines a “sale” as disclosing or making available to a third party personal information in exchange for monetary or other valuable consideration, and it defines “share” in pertinent part as disclosing personal information to a third party for cross-context behavioral advertising. Pursuant to the CCPA, the categories of personal information that we may “sell” or “share” as defined under the CCPA include:
- Identifiers
- Usage data
- Electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with our Websites
- Geolocation data
5. Data Retention
We will retain your personal information for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or permitted by law or defined in an agreement. We may retain personal information for longer where required by our regulatory obligations or professional indemnity obligations, or where we believe it is necessary to establish, defend or protect our legal rights and interests or those of others.
We will also retain usage data for internal analysis, or to strengthen the security or improve the functionality of our Website.
6. Cross-Border Data Transfers
Where permitted by applicable law, we may transfer the personal information we collect about you to the United States and other jurisdictions that may not be deemed to provide the same level of data protection as your home country, as necessary for the purposes set out in this Privacy Notice. If you are located in the EU, UK, or Switzerland, we have implemented applicable Standard Contractual Clauses to protect the transfer of your personal information to the United States and other jurisdictions.
7. Children’s Personal Information
Our Website is not directed at children under the age of 16, and we do not knowingly collect, sell, or share personal information from children under the age of 16. If you are under the age of 16, you may not use our Website or provide your information to us through the Website or otherwise. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy.
8. Security
The security of your personal information is important to us. We follow generally accepted standards (including by taking physical, administrative, and technical measures) to protect the personal information that we collect and process.
While we are focused on the security of your personal information and follow standards, processes and procedures that are designed to protect your personal information, you must remember that the Internet is a global communications vehicle open to threats, viruses and intrusions from others and so we cannot promise, and you should not expect, that we will be able to protect your personal information at all times and in all circumstances.
You should also take care with how you handle and disclose your personal information and should avoid sending personal information through insecure email. Please refer to the Federal Trade Commission’s website at http://www.ftc.gov for information about how to protect yourself against identity theft.
9. No Rights of Third Parties
This Policy does not create rights enforceable by third parties.
10. Changes to this Policy
We may modify this Policy from time to time and will notify you of any updates to our Policy by posting the revised Policy on our Website. The last updated date set forth at the top indicates the last time we revised this Policy. We encourage you to review the Policy each time you visit our Website to see if this Policy has been updated since your last visit.
11. Additional Information for Residents in Certain Jurisdictions
A. California
In this section, we provide information for California residents as required under California privacy laws, including the California Consumer Privacy Act (the “CCPA”), which requires that we provide California residents certain specific information about how we handle their personal information.
Categories of personal information that we collect and disclose. Our collection, use and disclosure of personal information about a California resident will vary depending upon the circumstances and nature of our interactions or relationship with such resident. The Section above entitled “Personal Information We Collect” sets out the categories of personal information (as defined by the CCPA) about California residents that we have collected and disclosed to others for a business purpose within the past twelve months. We collect these categories of personal information from the sources described in the Section above entitled “Personal Information We Collect and How We Collect It,” and for the purposes described in the Section above entitled “How We Use Personal Information.”
If you are a California resident, the CCPA grants you certain rights and imposes restrictions on particular business practices as set forth below:
• Opt-Out of Sale or Sharing: California residents have the right to opt out of the sale of their personal information. California residents also have the right to opt-out of the “sharing” of their personal information, which under the law means making available, transferring, or otherwise communicating personal information to a third party for cross-context behavioral advertising.
• Initial Notice: We are required to notify California residents, at or before the point of collection of their personal information, the categories of personal information collected and the purposes for which such information is used.
• Right to Limit: California residents have the right to limit the use of sensitive personal information in certain situations. The CCPA defines “sensitive personal information” as personal information that reveals: (1) consumer’s Social Security or other state identification number; (2) a consumer’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (3) consumer’s geolocation; (4) consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership; (5) the contents of a consumer’s mail, email, or text messages, unless the business is the intended recipient of the communication; and (6) consumer’s genetic data. You may have the right to limit our processing of sensitive personal information to the extent that we use sensitive personal information for any purpose other than: (1) to perform services or provide good reasonably expected by a consumer who requested those goods or services; (2) to detect security incidents provided that the use of personal information is reasonably necessary and proportionate for this purpose; (3) to restrict, malicious, deceptive, fraudulent, or illegal actions directed at us and prosecute those responsible for those actions, provided the use of personal information is reasonably necessary and proportionate for this purpose; (4) to ensure the physical safety or natural persons, provided the use of the personal information is necessary and proportionate for this purpose; (5) for short-term transient use, including but not limited to non-personalized advertising shown as part of the consumer's current interaction with us, provided the personal information is not disclosed to another third party and is not used to build a profile about the consumer or otherwise alter the consumer's experience outside the current interaction with us; (6) to perform services on behalf of us, such as maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of the business; or (7) to verify or maintain the quality or safety of a service or device that is owned, manufactured by, manufactured for, or controlled by us.
• Request to Delete: California residents have a limited right to request deletion of their personal information that we have collected about them and to have such personal information deleted, except where an exemption applies. We will respond to verifiable requests received from California residents as required by law. The instructions for submitting a verifiable Request to Delete are described below.
• Request to Know: California residents have the right to request and, subject to certain exemptions, receive a copy of the specific pieces of personal information that we have collected, used, disclosed and sold about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance. California residents also have the right to request that we provide them certain information about how we have handled their personal information in the prior 12 months, including the:
o categories of personal information collected;
o categories of sources of personal information;
o business and/or commercial purposes for collecting and selling their personal information;
o categories of third parties with whom we have shared their personal information;
o categories of personal information that we have sold in the preceding 12 months, and for each category identified, the categories of third parties to which we sold that particular category of information; and
o categories of personal information disclosed for a business purpose in the preceding 12 months, and for each category identified, the categories of third parties to which we disclosed that particular category of personal information.
• Request to Correct: California residents have the right to request correction of inaccurate personal information that we maintain about them.
• Right to non-discrimination: The CCPA prohibits discrimination against California residents for exercising their rights under the CCPA. Discrimination may exist where a business denies or provides a different level or quality of goods or services, or charges (or suggests that it will charge) different prices, rates, or penalties on residents who exercise their CCPA rights, unless doing so is reasonably related to the value provided to the business by the residents’ data. We do not differentiate or discriminate among users based on their exercise of their rights under the CCPA.
If you are a California resident, you may opt out of the sale or sharing of your personal information by emailing
We will use the following process to verify requests: We will acknowledge receipt of your request, to know, correct, or delete verify it using processes required by law, then process and respond to your request as required by law. To verify such requests, we may ask you to provide the following information:
• For a request to know categories of personal information which we collect, we will verify your identity to a reasonable degree of certainty by matching at least two data points provided by you against information in our systems which are considered reasonably reliable for the purposes of verifying a consumer’s identity.
• For a request to know specific pieces of personal information or for requests to correct or delete, we will verify your identity to a high degree of certainty by matching at least three pieces of personal information provided by you to personal information maintained in our systems and also by obtaining a signed declaration under penalty of perjury that the requestor is the consumer whose personal information is the subject of the request.
Authorized agent requests: An authorized agent can make a CCPA request on a California resident’s behalf by providing either: (1) a power of attorney valid under California law; or (2) proof that the consumer gave the agent signed permission to submit the request. The consumer must also provide either: (1) verification of their own identity with respect to a right to know categories, right to know specific pieces of personal information, or requests to delete which are outlined above; or (2) direct confirmation that the consumer provided the authorized agent permission to submit the request.
B. European Union, United Kingdom or Switzerland
If you are in the European Union, the United Kingdom, or Switzerland:
You can contact us to exercise any of the rights you are granted under applicable data protection laws, which may include the right to (1) access your data, (2) rectify the data, (3) erase data, (4) restrict the processing of your data, (5) the right to receive a file of your personal information, (6) the right to object to the processing, and (7) where we have asked for your consent for processing, withdraw this consent. These rights will be limited in some situations. We may, for example, deny your request for access when necessary to protect the rights and freedoms of other individuals or refuse to delete your personal information if the processing of such data is necessary for compliance with legal or regulatory obligations. You may also have the right to lodge a complaint with the local Supervisory Authority.
12. Contact Us
If you have any questions about this Policy or our privacy practices, please contact us by e-mail or postal mail as follows: