document: title: privacy & security
text: ### Privacy Policy

Overview

Provide Berries, Inc. ("Provide Berries," "we" or "us") is committed to protecting our customers' privacy. We feel it is important that you fully understand the terms and conditions under which we use the information we gather from you through the use of our website located at, or linked to, the URL www.berries.com (our "Site"). Please read this privacy policy ("Policy") carefully to understand how we will use and protect your personal information. We will not share your personal information with anyone except as described in this Policy. Changes to this Policy will be announced on our Site at least ten (10) days in advance, so please check back periodically. 

Questions regarding this Policy should be directed to service@berries.com or we may also be contacted directly at the following address: 

Attn: Office of the General Counsel  
Provide Berries, Inc.  
5005 Wateridge Vista Drive  
San Diego, CA 92121

This Policy will explain the following regarding use of our Site:

  1. What Personally Identifiable Information do we collect from you?
  2. Where do we collect information from you and how do we use it?
  3. Who is collecting your information?
  4. With whom do we share your information?
  5. How may you update, correct or delete your Personally Identifiable Information?
  6. What are your choices regarding collection, use and distribution of your information?
  7. What security precautions are in place to protect against the loss, misuse or alteration of your information under our control?
  8. Cookies/Clear GIFs.
  9. Children, parental consent and privacy.
  10. You should carefully review privacy policies of any third-party sites accessible from our Site and any co-branded websites not covered by this Policy.
  11. Contacting us about privacy questions or concerns.
  12. Policy changes.
  



1\. What information do we collect from or about you?

In order to better provide you with numerous products and services, our Site collects two types of information about its visitors: Personally Identifiable Information and Non Personally Identifiable Information. Our primary goal in collecting information from you is to provide you with a smooth, efficient and customized experience while using our Site. 

Personally Identifiable Information: "Personally Identifiable Information" refers to information that lets us know the specifics of who you are and can be used to identify, contact or locate you. Personally Identifiable Information is requested when you register with us, order a product or service, fill out surveys, participate in contests or sweepstakes, correspond with us, or otherwise volunteer information, for instance, through the use of one of our greeting, hint or reminder services, or to request a catalog. Personally Identifiable Information might include your name, mailing address, telephone number, mobile phone number, email address, and other identification and contact information. If you are using a greeting, hint or reminder service on our Site, we may ask you to provide the name, mailing address, email address, telephone number, mobile phone number, age, date of birth, anniversary date or other personal annuity date of you, a friend, a loved one, family members or other third parties, and certain holiday information that may reveal one's religious background, so that we may send them or you a hint or reminder about an event that could be made more special with the gift of our products. We may also collect certain financial information, like your credit card number (or a check or money order if using the payment method while ordering via mail); whenever we do so, we will attempt to provide a link to this Policy so that you can confirm how this information will be used. With this information, we can fill your service and product orders and better provide you with personalized services. You also may have the option of importing information from third-party software to our Site. This information may include the types of information described above, as well as other types of information that you have entered into these third-party programs. 

Non Personally Identifiable Information: "Non Personally Identifiable Information" refers to information that does not identify a specific individual by itself or in combination with other information. We may gather certain information about you such as age, date of birth, gender, anniversary date or other personal annuity date of you, a friend, a loved one, family members or other third parties, certain holiday information that may reveal one's religious background, as well as consumer purchasing information based upon where you shop on our Site. This information may be compiled and analyzed on both a personal and an aggregated basis. This information may include the website's Uniform Resource Locator ("URL") that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol ("IP") address. A URL is the global address of documents and other resources on the Internet. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol ("TCP/IP") network, such as the Internet. Networks use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the Internet, allowing Internet servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet, browse and shop.

2\. Where do we collect information from you and how do we use it?Our primary goal in collecting personal information is to provide our visitors with a superior customized online experience. Among other things, we use customer contact information to fill orders, contact prior purchasers to inform them of their order status, to remind customers of events through our reminder service(s), to send our customers' friends or loved ones greetings, emails or hints to send our products through a greeting, email a friend or hint service, and to send service and promotional emails.

We may perform statistical analyses of aggregate customer behavior. This allows us to measure relative customer interest in the various areas of our Site for product development purposes and to improve the design of our Site. Any information we collect is used for our own internal purposes to improve the content and navigation of our Site, to enhance users' experiences when visiting our Site, to customize the content and/or layout of our pages, and to provide the services required by an individual user. We may also use information to notify consumers about updates to our Site, to complete user initiated transactions, to trace false orders and to contact consumers directly, or through our third-party service partners, for marketing purposes.

We gather information in the following ways: 

Shopping: We collect IP addresses for the purposes of system administration, to gather broad demographic information, and to monitor the level of activity on our Site. We collect information from visitors to our Site regarding the referring URL, your IP address, which browser you used to come to our Site, the country, state and telephone area code where your server is located, and the pages of our Site that you viewed during your visit. 

Ordering: When you order from us, we collect Personally Identifiable Information from you. If you order one of our products or services, we will collect and maintain your name, email address, mailing address, telephone or mobile number, product selections, credit card number (or check or money order information if using the payment methods while ordering via mail), order number, referring URL, IP address and a password, as well as the recipient's name, address, telephone or mobile number and email address. We collect this, and other information, as disclosed in this Policy, in order to fill your order, to communicate with you about your order, or the recipient, as appropriate, and to send you promotional materials. Before confirming your order, you will have the opportunity to review the product order form and make changes and additions to the information it contains and these changes will be automatically kept for future use. If you cancel an order or do not complete an order we may collect and use any email address or other information that you have entered as we would collect and use it if you had completed an order. 

When an order is placed for delivery to you by a third party we need to collect Personally Identifiable Information regarding the third party to fulfill the order. This information includes their name, address, telephone or mobile number and email address. 

If you track or modify your order, we will gather your email address and account password, if you have one, in order to locate your order so that we may give our most recent tracking information, or so that you may modify the order. If you choose to modify your order, we may collect information that we would normally collect when you order products, as explained in the above paragraph. 

Notices to Recipients: If you are a recipient of an order placed by a third party we may send one or more emails regarding the order, including regarding customer service issues. In addition, we may send you additional emails in compliance with applicable laws in order to promote our Site and services and to seek your consent to opt in to receive our various newsletters, promotional emails and other services. If we send you emails notifying you of an order, or that promote our Site and services, they will contain an opt out link or email address. We may also telephone you regarding the shipment of your order. You can also opt out of receiving newsletters, promotions, non-transactional related emails or phone calls from us hereunder by calling us at 1-888-774-7797 or by following the instructions at this link: http://www.berries.com/subscribemain.jsp?action=0. 

Corporate Account: When you set up a corporate account with us or when you contact us to inquire about corporate programs (either via email, telephone, letter or our online web forms), we collect, for example, your name, company name, email and telephone or mobile number. We may add you to a list for future newsletters and promotions regarding corporate sales. Upon signing up for a corporate account we will contact you by either email or telephone to determine how we can best serve your corporate needs. We will also give you the opportunity to receive periodic updates regarding our corporate services. If you make purchases through your corporate account we shall gather similar information that we gather when you order as an individual, plus certain information regarding your corporation. You can opt out of receiving newsletters, promotions, non-transactional related emails or phone calls from us hereunder by calling us at 1-888-774-7797 or by following the instructions at this link: http://www.berries.com/subscribemain.jsp?action=0. 

Surveys and Polling: In order to improve our services to you, we may ask some of our customers or product recipients to voluntarily complete surveys online or via telephone, which may be collected by an independent third party. Individual survey answers are confidential, although Non Personally Identifiable Information may be collected and disclosed to third parties. If you do not wish to participate in a survey, simply decline to participate when asked. 

Contests and Sweepstakes: We may from time to time conduct contests, sweepstakes or other promotions. Customers who choose to participate may be asked to provide Personally Identifiable Information. That information may then be used by us for such purposes as notifying winners and fulfilling promotional obligations as well as providing electronic newsletters and promotional emails for our products and/or services (which you can opt out of receiving as described more fully below). 

Newsletters & Promotional Emails: We may offer free electronic newsletters and promotional emails for products and/or services offered on our Site or any one or more of our sister sites, www.proflowers.com, www.uptownprime.com, www.cherrymoonfarms.com, www.secretspoon.com, www.providecommerce.com and www.prvd.com (collectively, "Sister Sites"), as a service to our prior customers or interested visitors to our Site. We may send you newsletters and emails periodically listing current specials and deals from us or through our third-party service partners. However, you will have the choice to opt out of receiving newsletters and promotional emails for products and/or services offered on our Site or any one or more of our Sister Sites. Once we have processed your request, we will not send you promotional emails with respect to products and/or services offered by us through the particular Site(s) of which you had opted out unless you opt back in to receiving communications directly or by making an additional purchase or attempted purchase on our Site or any of the Sister Sites. There may be opportunities to subscribe to an email list that will send you information about the events on our Site and our Sister Sites, but we will only add you to the list with your consent. To stop receiving newsletters that pertain to this Site or any one or more of our Sister Sites, send an email to us at unsubscribe@providecommerce.com. 

Cookies/Clear GIFs: In conjunction with our third-party service partners, we make limited use of cookies and clear GIFs to gather information when you visit any one of our Sites, make a purchase and when you click through to our Site from a targeted email, newsletter or partner site. We may also use cookies and clear GIFs to gather and compile such information about you when you return to our Site so that we may better customize our services to you. To find out what cookies and clear GIFs are and how they can be used, please refer to Section 8 of this Policy below. 

Contact Information and Third-Party Data: If you contact us by telephone, email or letter, we may keep a record of your contact information, correspondence or comments. If you report a problem with our Site, we may collect such information in a file specific to you. If you provide us feedback through our Site, by email or by calling one of our customer service representatives, we may ask for your name and email address in order to send you a reply. If other users or third parties send us correspondence about your activities or purchases on our Site, or if you are the recipient of products sent by another customer, we may keep the information in a file specific to you. If you are using a greeting, email a friend, hint or reminder service on one of our Sites, we may ask you to provide the name, mailing address, email address, telephone number, mobile phone number, age, date of birth, anniversary date or other personal annuity date of you, a friend, a loved one, family members or other third parties, and certain holiday information that may reveal one's religious background, so that we may send them or you an email, hint or reminder about an event that could be made more special with the gift of our products. We store this information for the purpose of sending one or more emails in connection with such an event. You, the loved one, friend, family member, or other third party, may contact us at 1-888-774-7797 to request the removal of this information from our database. 

Greeting, Email a Friend, Hint and Reminder Services: If you choose to use a greeting, email a friend, hint or reminder service on one of our Sites, we may ask for and store your name, email address, mailing address, telephone number, mobile phone number, age, date of birth, gender, certain holiday information that may reveal one's religious background and other identification and contact information. We may ask you to provide the name, mailing address, email address, telephone number, mobile phone number, age, date of birth, anniversary date or other personal annuity date of you, a friend, a loved one, family members or other third parties, and certain holiday information that may reveal one's religious background, so that we may send them or you a hint or reminder about an event that could be made more special with the gift of our products. Misuse of our greeting or email a friend service by providing a false email address or posing as someone else when sending a greeting or email may result in legal action and the disclosure of information about you, including your computer's IP address, as part of any investigations into your actions. 

Affiliate and Partnership Programs: Where applicable, you may purchase products from us through a link on one of our affiliates' ("Affiliates") websites. We pay each Affiliate a commission, or a portion of the sales made to those who link to our Site from the Affiliate's site. Some of our Affiliates may run a "rewards" or "charity" program (the "Programs"). Under these Programs, participants receive credits based on the commissions an Affiliate receives from sites such as ours. Participants in the Programs can donate their credits to a chosen charitable organization, or keep them for their own use and benefit. If you come to our Site through an Affiliate's site, make a purchase from us, and you are a participant in the Programs, we may share your name, e-mail address and the value of your purchases, including that data necessary for Affiliates to credit participants with purchases made under their Program, with a third-party service partner, which collects data for our standard Affiliate program. We may also share such information with other third-party Affiliates if you have registered with their affiliate, affinity or rewards Programs, and that Affiliate has made sales for you, processed your order and/or if such third-party Affiliate directed you to our Site. If we maintain co-branded sites in conjunction with our business partners, we may share information collected by us to our business partners under our separate agreements with them. These business partners may use your personal information to help us communicate with you about offers from us as well as offers from such partners. However, if you opt out of receiving newsletters and promotional emails from us, you will automatically opt out of receiving newsletters and promotional emails from such business partners through their use of personal information which we collected from you on our co-branded sites and which we provided to such business partners. We may ask you to share your information with our business partners via an opt in or opt out request on such sites. Please note that with respect to personal information our third-party business partners may collect from you independent of us and outside the scope of co-branded sites maintained by us on our servers, we will have no control over the use of such information by the third-party business partners and the use and gathering of such data will be subject to the third party's privacy policies.