Privacy Policy

Our Privacy Commitment

Thank you for visiting Kendall-Farms.com, a service dedicated to simplifying bouquet purchases. Kendall Farms (“The Farm,” “we,” “us” or “our”) is committed to respecting the privacy rights and concerns of all users of www.kendall-farms.com (the “Site”). As such, we have established and implemented this Privacy Statement to inform visitors to the Site of how we use and protect the information we collect through the Site. By visiting or browsing the Site, you consent to Kendall Farms’ collection, use, storage, deletion, transfer to the United States, and disclosure of personal information relating to you as set forth in this Privacy Statement. This Privacy Statement is effective as of the date set forth above and covers our collection, use, and disclosure of information we collect through the Site.

This policy answers the following questions:

  • What information do we collect about you and how do we use it?
  • Will we share your personal information with third parties?
  • What choices do you have about the collection and use of your personal information?
  • What security measures do we take to safeguard your personal information?

What Information Do We Collect About You and How Do We Use It?

Types of Information We Collect

Personal information means information that can be used to identify and contact you. Our Site may be browsed anonymously. If you do not browse anonymously, the Site may collect personal information from you including your email address, mailing address, date of birth, gender, browser cookies, credit card information, PayPal information, telephone number, and billing and shipping information . We also collect the third party bouquet recipients’ names, addresses, telephone numbers and email addresses that you provide to us.

We may collect personal information when you create an account on the Site; subscribe to our newsletter; participate in Site feedback, questionnaires, surveys, or contests; participate in forums and chat rooms; purchase a product through the Site; or receive customer or technical support.

How We Use Your Personal Information

We may use your personally identifiable information for all legal purposes, including to enhance or improve: your e-commerce experience, our Site, or our delivery services and/or to perform any other function that we believe in good faith is necessary to protect the security or proper functioning of our Site or delivery services. Kendall Farms may use your email address or other personally identifiable information to send you commercial or marketing messages including, without limitation, newsletters and email communications about our products or services. We will also use your email address to contact you regarding any customer or technical support issues.

If you purchase goods or services through the Website, Kendall Farms may need for you to provide certain financial information so that Kendall Farms may effect a payment transaction. As part of the payment system, Kendall Farms or third parties performing sales processing services on Kendall Farms’ behalf, will collect, store and use non-public personally identifiable information, such as your name, address, credit card number, phone number, and your e-mail address. In addition, the payment system will also collect information regarding the actual bill payment transaction, including the date and amount paid. Kendall Farms will store and protect this information in the same manner that Kendall Farms stores and protects other personal information. De-Personalizing Your Information

We may make your personal information non-personally identifiable by either combining it with information about other users (aggregating your personal information with information about other users), or by removing characteristics (such as your name or email address) that make the information personally identifiable. This process is known as de-personalizing your information. You grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use your personal information in connection with the creation and development of analytical and statistical analysis tools relating to the use of the customer data we collect on the Site (the “Analytical Data”). We are expressly authorized to make any commercial use of the Analytical Data, including without limitation, sharing the Analytical Data with third parties.

Cookies and other Technical Information

Cookies” are small bits of electronic information that a website sends to a visitor’s browser and are stored on the visitor’s hard drive. Like many websites, we employ cookies in certain areas of the Site to allow us to provide information to make your online experience more convenient and to enhance your experience with the Site. For example, when you return to the Site after logging in, cookies provide information so that the Site will remember who you are on subsequent visits, speeding up or enhancing your experience of the Site by, for instance, remembering your preferences. Cookies also prevent items placed in a shopping basket from disappearing by the time you checkout. Cookies are not spyware or adware, and can’t deliver viruses or run programs on your computer. A user may configure his or her web browsers to accept or reject or delete the cookies, or notify the user when a cookie is being set.

We may collect other technical information from users of the Site, including their IP address, browser type, domain names, and access times.

Tracking Pixel

A tracking pixel is a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a web page and allows for the collection of information regarding the use of the web page that contains the tracking pixel. Kendall Farms uses third party ad servers to support tracking pixels and cookies.

“Do Not Track”

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

Google

Our Site uses Google AdWords and Google Analytics to help us learn about who visits our site and what pages are being viewed.

Social Media Features

Our Site interfaces with social media sites such as Facebook, Twitter, Pinterest, Instagram, and Google+. If you choose to share information from the Site through those services, you should review the privacy policy of that service. Those social media sites may collect your IP address or set cookies. If you are a member of a social media site, the interfaces may allow the social media site to connect and view your personally identifiable information.

Children’s Privacy

We do not knowingly collect any personal information from children under the age of 13, allow them to create accounts, enter into payment transactions, order flowers, sign up for newsletters, or browse the Site. Users are not allowed to give to Kendall Farms the personal information of any children under the age of 13 for delivery purposes or any other reason. Kendall Farms takes children’s privacy seriously and encourages parents to play an active role in their children’s online experience at all times. We urge parents to instruct their children never to give out their real names, addresses, or phone numbers, without parental permission, when on-line. If you have any concerns about your child’s personal information, please contact us at info@kendall-farms.com.

How We Will Share Your Personal Information With Third Parties

We will share the personal information we collect from you under the following circumstances:

  • Protection of rights. Kendall Farms will share personal information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Site, or (iii) such action is appropriate to protect the rights, property or safety Kendall Farms, its employees, clients, or users of the Site.
  • Service Providers. We may share your personal information with third party vendors or service providers that we engage for the purpose of fulfilling product orders or processing information on our and your behalf. For example, we may partner with other companies to process payments for the Site. Additionally, we may partner with or utilize other companies to host our email system or to process, analyze, and/or store data, including, but not limited to, Analytical Data. While providing services for us, these companies may access your personal information. To the extent applicable, we require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures.

Additional Information You Should Know About Third Parties

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

When you click on a third party logo or URL displayed on our Site which links you to a different website, our Privacy Statement no longer applies and you must read the privacy policy of the third party to see how your personal information will be handled on their website. If you cannot find their privacy policy, then you should contact the respective webmasters of those websites to obtain information regarding their information collection, use and disclosure policies. We are not responsible for their collection and use of your personal information.

Without limiting the generality of the foregoing, you authorize us to share your information with PayPal, Authorize.net, and Federal Express. We strongly advise you to read each of their privacy policies.

What Choices Do You Have About the Collection and Use of Your Personal Information?

By using the Site, you consent to our collecting, using, and sharing it in accordance with this Privacy Statement.

Control of Your Information

Kendall-Farms.com allows you to control the way we use personally identifying information that we might obtain. At the time you provide personal information, Kendall Farms may give you the option of declining any future offers or information about new products, promotions, or services. In addition, many of the “mailings” Kendall Farms may send you, such as newsletters, have procedures within them to cancel the receipt of any future mailings.

How to Correct or Delete Your Data

Subscribers or individual who seeks access, or who seeks to correct, amend, or delete inaccurate data through their Kendall Farms account or direct his or her query to the following email address: info@kendall-farms.com, or by postal mail at:

Kendall Farms ATTN: Data Request 4230 White Lilac Rd. Fallbrook, CA 92028.

Please include your full name and email address associated with your account and a detailed description of your data request. In some cases, we may not be able to delete your personal information, and will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

California Residents: Your California Privacy Rights

Under California law, our customers that are California residents may request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. See the section above entitled “How We Will Share Your Personal Information With Third Parties” for more information. Furthermore, we give customers a mechanism to opt out of having their personal information disclosed to third parties for their direct marketing purposes. If you are a California resident, you may opt out of having your personal information shared with third parties and/or receiving information from Kendall Farms (via email or postal mail) about new products, services, or promotions, by contacting us at info@kendallfarms.com or by postal mail at:

Kendall Farms ATTN: California Privacy Request 4230 White Lilac Rd. Fallbrook, CA 92028

Please include your full name and email address associated with your account and a detailed description of your data request.

Governing Law

This Privacy Statement is governed by, and construed under, the laws of the United States of America and the laws of the State of California, excluding its choice of law provisions.

Mediation

You agree that, in the event any dispute or claim arises out of or relating to this Privacy Statement, you and Kendall Farms will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in San Diego County, California with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.

What Security Measures Do We Take To Safeguard Your Personal Information?

The personal information that you provide to us is stored on servers that are located in secured facilities and protected by protocols and procedures designed to ensure the security of such information. In addition, Kendall Farms employees and agents who have access to your personal information are trained in the maintenance and security of that information. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the Site and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.

Notification of Changes

This Privacy Statement may change from time to time and we will post all changes on the Site. You understand and agree that you will be deemed to have accepted the updated Privacy Statement if you use the Site after the updated Privacy Statement is posted on the Site. If at any point you do not agree to any portion of the Privacy Statement then in effect, you must immediately stop using the Site.

Questions? Contact Us

If you have any questions about our privacy practices or this Privacy Statement, please contact us at info@kendall-farms.com.

Trademarks

The following are Kendall Farms trademarks: The Flower Stand™ and Kendall Farms™