Last Revised: May 25, 2018
3. Information We Collect. “Personal Information” means information that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Information” means information that is not associated with or linked to your Personal Information. Anonymous Information does not, by itself, permit the identification of individual persons. Our primary goal is collecting information are to provide and improve our Services, to administer your use of the Servicers (including your Account, if you are an Account holder), and to enable you to enjoy and easily navigate our Services. The types of Personal Information we may collect (directly from you from Third-Party sources) and our privacy practices depend on the nature of the relationship you have with MM. LaFleur and the requirements of applicable law. Some of the ways that we may collect Personal Information include:
(a) You may provide personal information directly to MM. LaFleur through interacting with the Services, making online, by phone, showroom or pop-up purchases, participating in surveys, during events such as sweepstakes, contests and showroom events, and requesting Services or information.
(b) As you navigate the Services, certain passive information may be also collected about your visit, including through cookies and similar technologies as described below.
We collect Personal Information and Anonymous Information, as described below.
(a) Information You Provide to Us.
〈 We may collect Personal Information that can be used to identify you, such as your first and last name, e-mail and mailing addresses, telephone number, company name and password when you create an account to log in to our Site (“Account”). If you create an Account using your login credentials from one of your third-party services accounts such as Facebook or Google (each an “Third-Party Account”), we’ll be able to access and collect your name and e-mail address and other Personal Information that your privacy settings on the Third-Party Account permit to access. If you create an Account through the Site or one of your Social Networking Services (“SNS”) Accounts, we may also collect your gender or date of birth.
〈 In addition, we may collect Personal Information when you order a Bento, such as your age, date of birth, profession and job title, as well as sizing, fit and style preference information.
〈 When you receive a Bento, we record what you keep and what you return.
〈 When you sign up for an Account or when you order a Bento or other products or services on our Site, we or our third party payment provider will collect all information necessary to complete the transaction, including your name, credit card information, billing information and shipping information.
〈 When you post content (text, images, photographs, videos, messages, comments or any other kind of content that is not your e-mail address) on our Services, the information contained in your posting will be stored in our servers and other users of the Services will be able to see it, along with any other information that you choose to make public. If you choose to submit content to any public area of the Site, such content will be considered “public” and will not be subject to the privacy protections set forth herein.
〈 We retain information on your behalf, such as your Wish List and other files and messages that you store using your Account.
〈 If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
〈 If you use our Services on your mobile device, we may collect your phone number and the unique device id number.
〈 If you tell us where you are (e.g., by allowing your mobile device to send us your location), we may store and use that information to provide you with location-based information and advertising. If you want to deactivate this feature, you can deactivate GPS on your mobile device.
〈 When connecting to our Services via a service provider that uniquely identifies your mobile device, we may receive this identification and use it to offer extended services and/or functionality.
〈 When you participate in one of our surveys, we may collect additional profile information. All information collected from your participation in our surveys is provided by you voluntarily. We may use such information to improve our products, Sites and/or services and in any manner consistent with the policies provided herein.
〈 If you participate in a sweepstakes, contest or giveaway on our Site, we may ask you for your e-mail address and/or home number (to notify you if you win or not). We may also ask for first and last names, and sometimes post office addresses to verify your identity. In some situations we may need additional information as a part of the entry process, such as a prize selection choice. These sweepstakes and contests are voluntary. We recommend that you read the rules for each sweepstakes and contest that you enter. All sweepstakes, contests or giveaway entry forms will provide a way for participants to opt-out of any communications that are not related to awarding prizes.
〈 We may also collect Personal Information at other points in our Site that state that Personal Information is being collected.
〈 You agree that we are free to use the content of any communications submitted by you via the Services, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing goods or Services. We will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first send notice to you that the materials or other information you submit to a particular part of a Service will be published or otherwise used with your name on it; or (c) we are required to do so by law.
(b) Information Collected via Technology.
〈 Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet Service Provider (ISP), operating systems, date/time stamp and clickstream data. We use this information to analyze trends, administer the Site, track Users’ movements around the Site, gather demographic information about our User base, and better tailor our Services to our Users’ needs.
〈 Pixel Tags. We use “Pixel Tags” (also referred to as clear gifs, web beacons, or web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in web pages. Pixel Tags also allow us to send e-mail messages in a format users can read and they tell us whether e-mails have been opened. We may use this information to reduce or eliminate messages sent to a user.
〈 Analytics. We use Google Analytics, a service provided by Google, Inc. (“Google”), to gather information about how users engage with our Services. 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 Services by going to http://tools.google.com/dlpage/gaoptout.
〈 Flash LSOs. When we post videos, third parties may use local shared objects, known as “Flash Cookies,” to store your preferences for volume control or to personalize certain video features. Flash Cookies are different from browser Cookies because of the amount and type of data and how the data is stored. Cookie management tools provided by your browser will not remove Flash Cookies. To learn how to manage privacy and storage settings for Flash Cookies, click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.
(c) Information Collected from Third Parties. We may receive Personal and/or Anonymous Information about you from third party individuals or companies that promote or link to our Site, including as part of our rewardStyle affiliate program, or third party companies that provide services, including services related to marketing and social media, to MM. LaFleur. These third party companies may supply us with Personal Information. We may add this information to the information we have already collected from you via our Site in order to improve the Services we provide.
(d) Information Collected from You About Others. If you decide to send a third party a hint regarding any of your Wishlist items or to invite a third party to create an Account, we will collect your and the third party’s names and/or e-mail addresses in order to send an e-mail and follow up with the third party. We rely upon you to obtain whatever consents from the third party that may be required by law to allow us to access and upload the third party’s names and/or e-mail addresses as required above. You or the third party may contact us at firstname.lastname@example.org to request the removal of this information from our database.
4. Use of Your Personal Information
(a) General Use. In general, Personal Information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Information in the following ways:
• choose items for your Bento and deliver any products you order on our Site;
• facilitate the creation of and secure your Account on our Site;
• identify you as a User in our system;
• provide improved administration of our Site and Services;
• provide the Services you request;
• respond to questions, comments and other requests;
• provide access to certain areas, functionalities, and features of our Services;
• measure your interest in our products and Services;
• develop new products and Services;
• process your orders and process payment for products and services purchased;
• process applications and transactions;
• prevent potentially prohibited or illegal activities;
• enforce our terms
• improve the quality of experience when you interact with our Site and Services;
• send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created;
• send you administrative e-mail notifications, such as shipment notifications or security or support and maintenance advisories;
• respond to your inquiries related to employment opportunities or other requests, comments and questions and provide customer service;
• make telephone calls to you, from time to time, as a part of secondary fraud protection, to solicit your feedback, same-day delivery scheduling issues or other time-sensitive matters; and
• send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes of MM. LaFleur. We may provide you with these materials by phone, postal mail, facsimile, or email, as permitted by applicable law. Such uses include: to tailor content, advertisements, and offers; to notify you about offers, products, and services that may be of interest to you; to provide Services to you and our sponsors; for other purposes disclosed at the time that Individuals provide Personal Information; or otherwise with your consent.
(b) User Testimonials and Feedback. We often receive testimonials and comments from Users who have had positive experiences with our Services. We may occasionally publish such content. When we publish this content, we may identify our Users by their first and last name and may also indicate their home city. We obtain the User’s consent prior to posting his or her name along with the testimonial. We may post user feedback on the Site from time to time. We will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting you name with your feedback.
(c) Creation of Anonymous Information. We may create Anonymous Information records from Personal Information by excluding information (such as your name) that makes the information personally identifiable to you. We use this Anonymous Information to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. We reserve the right to use Anonymous Information and aggregated and other de-identified information for any purpose and disclose Anonymous Information to third parties in our sole discretion.
(a) Third Parties Designated by You. When you use the Services, the Personal Information you provide will be shared with the third parties that you designate to receive such information, including your friends and relatives to whom you send Wishlist hints using the Site.
(b) Users. We will share your Personal data with other Users solely for the purpose of providing the Services.
(c) Third Party Service Providers. We may share your Personal Information with third party service providers to: provide you with the Services that we offer you through our Site; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to MM. LaFleur.
(a) Services Providers. We may engage third-party services providers to work with us to administer and provide the Services. Some of examples of these third-party’s services are payment processing, shipping, and handling returns. These third-party services providers have access to your Personal Information only for the purpose of performing services on our behalf and are expressly obligated not to disclose or use your Personal Information for any other purpose. When you make a payment, the third-party payment processor (e.g., Braintree, Stripe, or PayPal) receives your full payment information and we receive only a funding confirmation.
(b) Business Partners. We may share Personal Information with our business partners, and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested. We may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with us. We require our affiliates and business partners to agree in writing to maintain the confidentiality and security of Personal Information they maintain on our behalf and not to use it for any purpose other than the purpose for which we provided them.
(c) Displaying to Other Users. The content you post to the Site may be displayed on the Site. Other users of the Site may be able to see some information about you, such as your name if you submit a review. We are not responsible for privacy practices of the other users who will view and use the posted information.
(d) Marketing – Interest-Based Advertising and Third-Party Marketing. Through our Services, We may allow Third-Party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected Personal Information (such as demographic information and past purchase history) we have collected with Third-Party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit non-MM. LaFleur related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising”. We may allow access to other data collected by the Site to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer that we do not share your Personal Information with Third-Party advertising partners, you may opt out of such sharing at no cost by following the instructions in Section 10 below.
(e) Disclosures to Protect Us or Others (e.g., as Required by Law and Similar Disclosures). We may access, preserve, and disclose your Personal Information, other Account information, and content if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect yours’, ours’ or others’ rights, property, or safety; (iv) to enforce our policies or contracts; (v) to collect amounts owed to us; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable.
(g) Law enforcement. In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.
8. Data Transfer. All Personal Information collected via or by us may be stored anywhere in the world, including but not limited to, the United States, the European Union, in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to us, you consent to the storage of your Personal Information in these locations.
9. Your Choices Regarding Information and OPT-OUT (Right to Restrict Processing). We offer you choices regarding the collection, use and sharing of your Personal Information, and we’ll respect the choices you make. Please note that if you decide not to provide us with the Personal Information that we request, you may not be able to access all of the features of the Services. You have the right to opt out of certain uses and disclosures of your Personal Information. Where you have consented to our Processing of your Personal Information or Sensitive Personal Information, you may withdraw that consent at any time and opt out of further Processing by contacting email@example.com. Even if you opt out, we may still collect and use non-Personal Information regarding your activities on our Sites and/or information from the advertisements on Third-Party websites for non-interest based advertising purposes, such as to determine the effectiveness of the advertisements.You have several choices regarding the use of information on our Service:
(b) Mobile Devices. We may occasionally send you push notifications through our mobile applications with notices that may be of interest to you. You may at any time opt-out from receiving these types of communications by changing the settings on your mobile device. We may also collect location-based information if you use our mobile applications. You may opt-out of this collection by changing the settings on your mobile device.
(c) “Do Not Track”. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
(e) Changing or Deleting Your Personal Information. All users may delete their user account or delete credit card information from their account by contacting us. All other Personal information, maybe reviewed, updated or deleted by contacting us or editing their Account information via the Services. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.
(f) Security of Credit Card and Bank Account Information. For online payments and/or Automated Clearing House (ACH) payouts, we may use the payment services of Braintree, a service of Paypal, Inc. (https://www.braintreepayments.com). We do not process, record or maintain your credit card or bank account information. For more information on how payments are handled, or to understand the data security and privacy afforded such information, please refer to Braintree’s terms at https://www.paypal.com/us/webapps/mpp/ua/privacy-full.
11. A Note About Children. We do not intentionally gather Personal Information from visitors who are under the age of 13. If a child under 13 submits Personal Information to MM. LaFleur and we learn that the Personal Information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Information from a child under 13, please contact us at firstname.lastname@example.org.