Privacy Notice

This Privacy Notice applies to the processing of Personal Data by FLORA AND FAUNA FLOWERSHOP, INC. (D/B/A FLORA) (“Flora,” “we,” “us,” or “our”) including on our website available at https://flora.ai/ and our other online or offline offerings that link to, or are otherwise subject to, this Privacy Notice (collectively, the “Services”). By using or accessing our Services in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use and disclose your information as described in this Privacy Notice.

Remember that your use of Flora’s Services is at all times subject to our Terms of Use, which incorporates this Privacy Notice.

As we continually work to improve our Services, we may need to change this Privacy Notice from time to time. We will alert you of material changes by placing a notice on the Flora website, by sending you an email and/or by some other means. If you use the Services after any changes to the Privacy Notice have been posted, that means you agree to all of the changes.

1. What this Privacy Notice Covers

This Privacy Notice covers how we treat Personal Data that we gather when you access or use our Services. “Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules or regulations. This Privacy Notice does not cover the practices of companies we don’t own or control or people we don’t manage.

2. Data Controller

The identity of the data controller depends on how you access our Services:

Business users (B2B): If you access our Services through your employer or an organisation that has entered into a contract with Flora, your employer or that organisation is the data controller of your Personal Data. Flora acts as a data processor on their behalf. Please refer to your employer’s privacy policy for information on how they process your data.

Direct users (B2C): If you sign up for and use our Services directly (e.g., via flora.ai), Flora is the data controller of your Personal Data.

Flora’s contact details are set out in the Contact Information section below.

privacy@florafauna.ai

3. Personal Data

3.1 Categories of Personal Data We Collect

This chart details the categories of Personal Data that we process, along with the applicable lawful bases under the GDPR:

Categories of Personal Data (with Examples)	Business or Commercial Purpose(s) for Collection	Lawful Basis (GDPR)	Categories of Third Parties with Whom We Disclose
Profile or Contact Data such as first and last name, email, and username	Providing, Customizing, and Improving the Services Marketing the Services Corresponding with You	Art. 6(1)(b) – Contract Art. 6(1)(f) – Legitimate Interests (marketing)	Service Providers
Transaction Data such as your payment information	Providing, Customizing, and Improving the Services	Art. 6(1)(b) – Contract	Service Providers
Device/IP Data such as device ID and type of device/operating system/browser used to access the Services	Providing, Customizing, and Improving the Services Marketing the Services	Art. 6(1)(b) – Contract Art. 6(1)(f) – Legitimate Interests	Service Providers
Web Analytics such as web page interactions, referring webpage/source through which you accessed the Services and statistics associated with the interaction between device or browser and the Services	Providing, Customizing, and Improving the Services Marketing the Services	Art. 6(1)(f) – Legitimate Interests	Service Providers
Consumer Demographic Data such as ZIP code	Providing, Customizing, and Improving the Services Marketing the Services	Art. 6(1)(b) – Contract Art. 6(1)(f) – Legitimate Interests	Service Providers
Professional or Employment-Related Data such as job title	Providing, Customizing, and Improving the Services Marketing the Services	Art. 6(1)(b) – Contract Art. 6(1)(f) – Legitimate Interests	Service Providers
Geolocation Data such as IP address-based location information	Providing, Customizing, and Improving the Services Marketing the Services	Art. 6(1)(f) – Legitimate Interests	Service Providers
Other identifying information that You Voluntarily Choose to Provide such as emails, letters, and texts you send us	Providing, Customizing, and Improving the Services Marketing the Services Corresponding with You	Art. 6(1)(b) – Contract Art. 6(1)(f) – Legitimate Interests	Service Providers

Providing, Customizing and Improving the Services

Creating and managing your account or other user profiles.
Providing you with the products, services or information you request.
Meeting or fulfilling the reason you provided the information to us.
Providing support and assistance for the Services.
Improving the Services, including testing, research, internal analytics and product
development.
Personalizing the Services, website content and communications based on your
preferences.
Doing fraud protection, security and debugging.
Carrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws.

Marketing the Services

Marketing and selling the Services.

Corresponding with You

Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about Flora or the Services.
Sending emails and other communications according to your preferences.

3.2 Other Permitted Purposes for Processing Personal Data

In addition, each of the above referenced categories of Personal Data may be collected, used, and disclosed with the government, including law enforcement, or other parties to meet certain legal requirements and enforcing legal terms including: fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities; protecting the rights, property or safety of you, Flora or another party; enforcing any agreements with you; responding to claims that any posting or other content violates third-party rights; and resolving disputes.

We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice or obtaining your consent.

3.3 Categories of Sources of Personal Data

We collect Personal Data about you from the following categories of sources:

When you provide such information directly to us:

When you create an account or use our interactive tools and Services.
When you voluntarily provide information in free-form text boxes through the Services or through responses to surveys or questionnaires.
When you send us an email or otherwise contact us.

When you use the Services and such information is collected automatically:

Through Cookies (defined in the “Tracking Tools and Opt-Out” section below).
If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information regarding when you are logged on and available to receive updates or alert notices.

4. How We Disclose Your Personal Data

We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data. For more information, please refer to the state-specific sections below.

Service Providers

These parties help us provide the Services or perform business functions on our behalf. They include:

Hosting, technology and communication providers.
AI or machine learning services.
Analytics providers for web traffic or usage of the site.
Security and fraud prevention consultants.
Support and customer service vendors.

Other Users You Share or Interact With

The Services may allow Flora users to share Personal Data or interact with other users of the Services

Third-Party Services You Share or Interact With

The Services may link to or allow you to interface with, interact with, share information with, direct us to share information with, access, and/or use a third-party website, application, service, products, or technology (each a “Third-Party Service”).

Any Personal Data shared with a Third-Party Service will be subject to the Third-Party Service’s privacy policy. We are not responsible for the processing of Personal Data by Third-Party Services.

Flora Customers (Authorized Users Only)

In cases where you use our Services as an employee, contractor, or other authorized user of a Flora customer, we may share any information associated with your use of the Services with the Flora customer, including, but not limited to, account information, usage information, files, and the contents of the communications associated with your account. Your Personal Data may also be subject to the Flora customer’s privacy policy. We are not responsible for the Flora customer’s processing of your Personal Data.

Legal Obligations

We may disclose any Personal Data that we collect with third parties in conjunction with any of the activities set forth under “Other Permitted Purposes for Processing Personal Data” above.

Business Transfers

All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part).

Data that is Not Personal Data

We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and disclose it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not disclose such data in a manner that could identify you.

5. International Data Transfers

Flora is based in the United States. If you are located in the European Economic Area (“EEA”), the United Kingdom (“UK”), Switzerland, or another jurisdiction with data transfer restrictions, please be aware that your Personal Data may be transferred to and processed in the United States and other countries which may not provide the same level of data protection as your home country.

Where we transfer Personal Data originating from the EEA, UK, or Switzerland to countries that have not received an adequacy decision from the relevant authority, one of the safeguards we may rely on is the European Commission’s Standard Contractual Clauses (or equivalent UK International Data Transfer Agreements / Addenda).

You may request a copy of the relevant transfer mechanism by contacting us at the details in the Contact Information section.

6. Tracking Tools and Opt-Out

The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data – usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s).

Please note that because of our use of Cookies, the Services do not support “Do Not Track” requests sent from a browser at this time.

We use the following types of Cookies:

Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable. These Cookies are placed on the basis of contractual necessity.

Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name and remember your preferences. These Cookies are placed on the basis of our legitimate interests or, where required, your consent.

Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Services. They do this by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns. For example, Google LLC (“Google”) uses cookies in connection with its Google Analytics services. Google’s ability to use and disclose information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have the option to opt-out of Google’s use of Cookies by visiting the Google advertising opt-out page at www.google.com/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/. These Cookies are placed on the basis of your consent, which you can manage through our cookie management tool.

You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.

To manage your Cookie preferences, you can access our Cookie management settings by clicking the “Cookie Settings” link on our website. To find out more about Cookies generally, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/.

7. Session Replay Technology

We use session replay technology in order to identify and resolve customer issues, monitor and analyze how you use our Services, better understand user behavior, and improve our Services. We rely on our legitimate interests (specifically, improving our Services and resolving customer issues) as the lawful basis for this processing.

You have the right to object to this processing at any time. If you wish to opt out of session replay recording, you can access your Cookie management settings by clicking the “Cookie Settings” link here.

8. Data Security

We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organisational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.

9. Data Retention

We retain Personal Data about you for as long as necessary to provide you with our Services or to perform our business or commercial purposes for collecting your Personal Data. When establishing a retention period for specific categories of data, we consider who we collected the data from, our need for the Personal Data, why we collected the Personal Data, and the sensitivity of the Personal Data. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

For example:

We retain your profile information and credentials for as long as you have an account with us.
We retain your device/IP data for as long as we need it to ensure that our systems are working appropriately, effectively and efficiently.

10. Personal Data of Children

As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data from children under 13 years of age; if you are a child under the age of 13, please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided Personal Data to us, please contact us at privacy@florafauna.ai.

If you are a parent or guardian of a user of our Services who is under 13 years of age, you may contact us at any time to ask that (a) we stop collecting Personal Data from such user, (b) we delete any Personal Data already collected from such user, or (c) we stop disclosing Personal Data collected from such user to third parties.

11. Rights of EEA, UK, and Swiss Data Subjects

If you are located in the EEA, the UK, or Switzerland, you have the following rights under the General Data Protection Regulation (“GDPR”) or equivalent applicable law. To exercise any of these rights, please contact us using the details in the Contact Information section below.

Right of access (Art. 15 GDPR): You have the right to request a copy of the Personal Data we hold about you and information about how we process it.

Right to rectification (Art. 16 GDPR): You have the right to request that we correct inaccurate or incomplete Personal Data we hold about you.

Right to erasure / ‘right to be forgotten’ (Art. 17 GDPR): You have the right to request that we delete your Personal Data in certain circumstances, for example where the data is no longer necessary for the purpose for which it was collected.

Right to restriction of processing (Art. 18 GDPR): You have the right to request that we restrict the processing of your Personal Data in certain circumstances, for example where you contest the accuracy of the data.

Right to data portability (Art. 20 GDPR): Where processing is based on your consent or on a contract, and is carried out by automated means, you have the right to receive your Personal Data in a structured, commonly used and machine-readable format, and to transmit it to another controller.

Right to object (Art. 21 GDPR): You have the right to object at any time to the processing of your Personal Data where we rely on legitimate interests as our lawful basis. We will cease processing unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.

Right to object to direct marketing: You have an absolute right to object at any time to the processing of your Personal Data for direct marketing purposes, including profiling to the extent it relates to direct marketing. Where you object to processing for direct marketing, we will stop processing your Personal Data for that purpose immediately.

Rights related to automated decision-making and profiling (Art. 22 GDPR): Flora does not carry out automated decision-making that produces legal effects concerning you or that similarly significantly affects you.

Right to withdraw consent (Art. 7(3) GDPR): Where processing is based on your consent, you have the right to withdraw that consent at any time without affecting the lawfulness of processing carried out before the withdrawal.

Right to lodge a complaint with a supervisory authority (Art. 77 GDPR): You have the right to lodge a complaint with your local data protection supervisory authority at any time. In the EU, this is the data protection authority of the EU Member State where you habitually reside, work, or where the alleged infringement occurred. In the UK, this is the Information Commissioner’s Office (ICO) at https://ico.org.uk/. Flora encourages you to contact us first so that we can seek to resolve your concern directly.

We will respond to all legitimate requests within one month. Occasionally it may take us longer than one month if your request is particularly complex or you have made several requests. In this case, we will notify you and keep you updated.

12. EU and UK Representative

Flora does not have an establishment in the EU and has appointed EU Rep as our Representative under Article 27 of the GDPR. All GDPR queries from EU Data Subjects or Data Protection Authorities should be submitted to eurep.ie via their dedicated form. BizLegal Ltd trading as EU Rep have their registered office at 27 Cork Road, Midleton Co. Cork, Ireland. Company number 635921.

13. Other State Law Privacy Rights

California Resident Rights

Under California Civil Code Sections 1798.83–1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at privacy@florafauna.ai.

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time. To find out more about “Do Not Track,” you can visit www.allaboutdnt.com.

Nevada Resident Rights

Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.

14. Contact Information

If you have any questions or comments about this Privacy Notice, the ways in which we collect and use your Personal Data, or your choices and rights regarding such collection and use, please do not hesitate to contact us at:

If you are located in the EEA or UK, you may also contact our EU/UK Representative at the details set out in Section 12 above.