Privacy policy

Last Update: 12/16/2021

ODE A LA ROSE recognizes and respects the importance of maintaining the privacy of our customers, registered members ("Members") and users, and has established this Privacy Policy as a result. The purpose of this Privacy Policy is to inform you of:

the personal information we may collect from you when you visit our Web Site, respond to our emails, place orders via mail, use our mobile applications, place orders through social media applications (such as our Facebook App) or otherwise contact us via telephone, email, fax or mail (collectively, our "Services"),
why we gather information from you,
how we collect it,
how we use it, and
the choices you have regarding our use of personal information you have provided.

This Privacy Policy is part of the Terms of Use, which governs your use of our Web Site located at www.odealarose.com. The Services are owned by ODE A LA ROSE, Inc. (the "Company").

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 of ODE A LA ROSE® (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 under 13 years of age.

Why do we gather information?

ODE A LA ROSE® gathers personal information to help improve our products and customer service, to communicate with you, to process your orders, 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 us and selected third parties.

What information do we gather?

We collect information through our Web Site, emails, mail, fax, telephone, mobile applications and social media applications (such as our Facebook App) including when you:

place an order,
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.

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

your name, address, telephone number, email address,
billing information (credit/debit card number, expiration date, alternate or additional billing information and billing address),
gender and birth date, if you choose, or are otherwise required to, enter such information,
products purchased and occasion type (for example, Mother's Day),
any promotion or gift card code and related information
Message and gift recipient's names, addresses, telephone numbers and email addresses, and other information you provide to us.

Information you provide to us may be collected by us even if an order, registration, or other process is started but not completed or otherwise cancelled. 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 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.

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

Our Services may also use a common web technology "called" "action tags" (also called single pixel gifs or web beacons) to anonymously track purchase, usage and other web activity information. Action tags may be used to provide data to third parties for tracking purposes. However, our Services do not use action tags to collect or transfer personal information. In addition, third parties may set their own cookies and tags through our Services (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 should modify your browser settings to limit such access.

Interest-based advertising

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 roses, these websites or services may display to you an advertisement for our rose bouquets. This kind of targeted advertising is sometimes called interest-based or online behavioral advertising. It is generally not based upon your personal information, but rather, upon your online activities.

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. However, you may opt-out of being tracked online by certain companies by visiting http://www.aboutads.info/choices/ OR http://www.networkadvertising.org/managing/opt_out.asp.

If you opt-out, you will still receive advertisements, but they will not be delivered to you based upon your behavioral data possessed by the companies from whom you have opted-out. This process relies upon an opt-out cookie, so if you delete your cookies or use a different computer, you will have to repeat this process.

Our Services

In addition, from time-to-time, our Services may also carry advertisements from other companies. Some of these advertisements may be personalized, meaning that they are intended to be relevant to you based, for example, on commercial interests you have expressed during your online activities. You may opt-out of receiving this type of targeted advertising by visiting http://www.aboutads.info/choices/ OR http://www.networkadvertising.org/managing/opt_out.asp to learn more about online behavioral advertising and how to opt-out from interest-based advertising ads served by some or all participating companies. Once again, if you opt-out, you will still receive advertisements, but they will not be delivered to you based upon your behavioral data possessed by the companies from whom you have opted-out. This process relies upon an opt-out cookie, so if you delete your cookies or use a different computer, you will have to repeat this process.

How we use the information we collect

We use information we collect to communicate with you, to process your orders, to provide an enhanced and more personalized shopping experience, to inform you and your gift and message recipients of offers and discounts from ODE A LA ROSE® to enable you to receive credits for purchases under loyalty or buying programs which you have joined. In addition, we may make such information (except for credit/debit card number and expiration date, 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.

However, without your consent, we do not make your, or your gift or message recipient's email addresses, available to "third parties" (as that term is defined and limited below). For example, we may make your postal address available to third parties for marketing purposes, however we would not share your email address without your consent. In addition, you may instruct that other personal information about you or your message or gift recipient's that you have provided to us not be shared with third parties by following the instructions in How to Limit the Use of Personal Information, below.

Our Affiliates, subcontractors, and agents, and any successors or assignees to our business (if we ever sell, lease, license or assign some or all of our business), are not considered to be third parties under this Policy. We may provide your information to our Affiliates for use in connection with their businesses, including sending you offers and promotions. However, in connection with information collected under this Policy, they are required to comply with this Policy. "Affiliates" are persons or entities directly or indirectly controlling, controlled by, or under common control with, or in the same corporate family as, ODE A LA ROSE, Inc.

We may combine information we receive from you via our Services with information from our Affiliates and third parties. We use the combined information to enhance and personalize your shopping experience with us and to communicate with you in accordance with this Privacy Policy.

We reserve the right to disclose information you provide to us as required by law, in response to legal process and law enforcement requests and as necessary or appropriate, in our view, to operate the Services, process orders or registrations, to conduct promotions, contests, and sweepstakes you participate in, 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).

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

Consent to Transfer and Submission

Our Services are operated in the United States. If you are located outside the United States, please be aware that any information you provide to us will be transferred to and stored in the United States. By using the Services or otherwise providing us with information, you hereby consent to this transfer.

Although personal information collected by us through the our Services will be used by us in accordance with this Privacy Policy, laws generally applicable to the protection of personal data in the U.S. may not be as stringent as those in other countries.

Security and Passwords

If you place an order on our Web site, 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 Web Site 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 Services (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 Services (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.

We may provide you with the ability to log into our Services 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 Limit the Use of Personal Information

We want to communicate with you only to the extent you want to hear from us. If you prefer not to have personal information collected from you via the Services shared with third parties, or to set your preferences concerning promotional communications, please follow the directions below.

From Third Parties

We do not share email addresses you provide with third parties without your consent. In addition, if you prefer that other personal information provided by you not be shared with third parties, please let us know by emailing, writing or calling us as described below and identify the personal information that you would prefer not to be shared. Your instructions will be processed as soon as reasonably practicable and in accordance with law.

Emailing us at: customerservice @odealarose.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; or

Writing us at: ODE A LA ROSE 21-34 44th Road Long Island City New York, NY 11101

Telephoning us at (646) 660-5281

Please note that your instructions (above) do not govern the use of information you have provided directly to our Affiliates or to third parties (including any merchants referenced or accessible via our Service). The use of information you have provided directly to our Affiliates or to third parties is governed by their respective privacy policies and terms of use.

Any promotional email we send to you or your gift or message recipients will include a link to our Privacy Policy and a link to use to opt-out of receiving further promotional emails from the sender.

Additional California Disclosures

Effective January 1, 2020, California Consumer Privacy Act provides California residents certain rights in relation to their personal information. If you are a California resident, you have the right to:

Request information about the personal information we collect about you and the manner in which we process and disclose that information. Such information may include the categories of information we collected, the purpose for collecting your personal information, the categories of information that we have shared with third parties. Delete certain personal information. Opt-out of disclosure to your personal information to third parties for direct marketing purposes. To take advantage your rights under the California law, please contact us by mail or email at:

Mail: Ode a la Rose LLC. 21-43 44th Road Long Island City New York, NY 11101 Email: [email protected] Please include your full name, phone number and email address associated with your Account and a detailed description of your data request. We will need to verify your identity to enable us to process your request, and may call you. We will not discriminate in response to your exercise of your privacy rights and we will respond to your request within 45 days of receipt of your request, unless we need additional time. We will let you know if additional time is needed.

Additional European Union Disclosures

General Data Protection Regulation (“GDPR”), a regulation by the European Union, applies to those in the European Economic Area. Pursuant to GDPR, we will use your personal data only where (1) it is necessary for our legitimate interest and your interests and fundamental rights do not override those interests; (2) we need to perform the contract we are about to enter into or have entered into with you; (3) we need to comply with a legal or regulatory obligation; or (4) you have given us your consent.

If you are an individual protected by the General Data Protection Regulation (“GDPR”), a regulation by the European Union that applies to the European Economic Area, you have the following rights: EU Legal right: What we do to protect your rights The right to access: We will provide you with a copy of information we have about you free of charge. You may also access certain information by logging onto your account and visiting your account profile. The right to rectification: If the information we have about you is inaccurate or not complete, you have the right to ask us to correct them. You may also correct your information directly by logging onto your account. If that data has been passed to a third party with your consent or for legal reasons, then we must also ask them to rectify the data. The right to erasure: Also known as “the right to be forgotten.” If you want us to erase all your personal data, we will do so unless we have a legal reason to continue to process and hold it. The right to restrict processing: You have the right to ask us to restrict how we process your data. This means we are permitted to store the data, but not further process it. We may need to keep some data to make sure we respect your request in the future. The right to data portability: We must allow you to obtain and reuse your personal data for your own purposes across services in a safe and secure way without this affecting the usability of your data. This right, however, only applies to personal data that you have provided to us (e.g. the data must be held by us by consent or for the performance of a contract). The right to object: You have the right to object to our processing of your data even if it is based on our legitimate business interests, the exercise of official authority, direct marketing (including data aggregation), and processing for the purpose of statistics. The right to withdraw consent: If you have given us your consent to process your data, but change your mind later, you have the right to withdraw your consent at any time, and we must stop processing your data.

To take advantage your rights under GDPR, please contact us by mail or email at:

Corrections

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 [email protected].

Members can 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.

Your Consent and Changes to this Policy

Subject to the above provisions, by using our Web Site, you consent to the terms of this Privacy Policy and the Terms of Use, of which this policy is a part. We may change our Privacy Policy and Terms of Use from time to time as new features or services are added, suggestions from our customers are incorporated or other changes are made. We will endeavor to post any material changes to the Privacy Policy and/or Terms of Use on our Web Site at least 30 days prior to their effective date - unless we believe changes must take effect sooner to comply with law or to protect the Company or our customers, users, Members, recipients, Sponsors, Providers, Licensors, Merchants, Associates and Affiliates, in which case the changes will be effective upon posting or as otherwise specified.

The date on which the current Privacy Policy and overall Terms of Use took effect is listed at the top of the Privacy Policy and Terms of Use (see "Last Updated" at the top of each).

By using ODE A LA ROSE, after such changes take effect, you agree to be legally bound and to abide by the revised Privacy Policy and Terms of Use, of which this policy is a part.

Your Comments

ODE A LA ROSE® welcomes feedback concerning this Privacy Policy. Please send your comments and questions to [email protected].