Updated and Effective October 1, 2022
Privacy Policy
PLEASE REVIEW THIS POLICY CAREFULLY
We at Flora Creek Place respect your privacy. This Privacy Policy (hereinafter the “Policy”) applies to any website, application, feature, widget or other online service that is owned or controlled by Flora Creek Place LLC and its subsidiaries. Flora Creek Place (hereinafter the “Company,” “I,” “me,” “we,” “our “or “my”) is aware that the personal data of its customers and other individuals is important. We are committed to protecting your privacy and ensuring you have a positive experience on our website and in using our products and services. In this Policy, we outline how we collect, use and disclose the personal data we gather through www.floracreekplace.com, its sub-domains and affiliated sites, as well as pages and accounts on Facebook®, LinkedIn®, Instagram®, and YouTube® and other applicable social media sites (collectively, referred to hereinafter the “Sites”) of Company. “User” (hereinafter the “User,” “you,” and “your(s)”) means any individual who is visiting, accessing, providing credential, purchasing, and/or engaging on the Sites.
Please also review Company’s full Terms and Conditions of Use, which also govern your use of our Sites. By using the Sites, you are consenting to this Privacy Policy. This Policy may be updated from time to time for reasons such as operational practices or regulatory changes, so we recommend that you review our Privacy Policy each time you return to our website. Any changes become effective immediately upon publication on our website, and you waive specific notice of any changes to the Policy by continuing to use and access our Sites. You are deemed to have accepted any changes to any revised Privacy Policy by your continued use of our Sites after the revised Privacy Policy is posted.
COLLECTION OF YOUR PERSONAL INFORMATION
We collect a variety of information from you when you visit our website, make purchases, or interact with us on social media. By accepting this Privacy Policy, you are specifically consenting to our collection of the data described below, to our use of the data, to the processing of this data, and to our sharing of the data with third party processors as needed for our legitimate business interests. Submission of personal data is voluntary, and you are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from our website or from making purchases.
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device also known as Personal Data. Personal Data is information that can be used to individually identify you specifically, including, but not limited to your name, postal or other physical address, email address, telephone number, or demographic information like your age, gender, or hometown and other personally identifiable information. We generally collect personal data directly from you when you voluntarily provide your information for purposes of newsletters, free downloads, workshop registration, purchase of products/services membership, responding to blogs, responding to newsletters, and promotions. We collect and process data when you interact with us. Collection of data may include:
CATEGORIES OF INFORMATION WE COLLECT
The Personal Data we collect about you will depend upon how you use our Site(s) or otherwise interact with us. Accordingly, we may or may not collect any of the below information about you. Examples include:
● Identifiers and Contact Information. Name, Email address, home/work/mobile number, postal or other physical address, and credit/debit card information, and photographs.
● Purchase or Other Commercial Information. This information includes the items you purchase, shipping address, and contact information (such as for receipts or order updates).
● Log Data and Mobile Device Information. Log data, mobile device and mobile application information such as IP address, cookies, browser type, access time, referring website, domain information, geolocation information, tracking user patterns and other information about your computer hardware and software that is automatically collected. Normally, this information is not used for any purpose. However, if used, information collected in this manner is to implement improvements, troubleshooting, customize client experience, and confirm that your use of the Sites follows Company’s Terms of Use.
● Social Networking Data. This information may access personal information from social networking sites and apps, including Facebook, Instagram, LinkedIn, Twitter, Snapchat or other social networking sites or apps, which may include your name, your social network username, location, email address, age, gender, profile picture and any other public information. If you do not want us to access this information, please go to the specific social networking site and change your privacy settings.
● Payment Information and Financial data. This information includes data that is related to your payment method, such as credit card or bank transfer details. We collect financial data in order to allow you to purchase, order, return or exchange products or services from our website and any related mobile apps. We store limited financial data. Most financial data is transferred to our payment processor that we are using at the time of purchase by User. Please refer to the payment processing company’s privacy policy to understand what they do with the Personal Data.
● Derivative Data. Derivative data is information that our servers automatically collect about you when you access our website, such as your IP address, browser type, the dates and times that you access our website(s), and the specific pages you view. If you are using a mobile application, our servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with our application.
● Profile and Account Information. Information may include contact, purchase, and preference information as well as your account password, product review information, and other information about your profile or account.
● Communications and Interactions. Examples may include email messages, chat sessions, text messages, and phone calls that we exchange with you.
● Demographic Information. Information may include age or birthdate, gender, ZIP code, and other information about you.
● Call Recordings. Recordings include information about your call and that you share when you call us on the phone.
● Device and Browsing Information and Other Internet Activity Information. Information may include your phone, tablet, computer, or device, and online browsing activity (collectively, "automatically collected information"). Automatically collected information may include IP addresses, unique device identifiers, cookie identifiers, device and browser settings and information, and Internet service provider information. Automatically collected information also may include information about when and how you access and use our website(s) or mobile application, such as the date and time of your visit or use, the websites you visit before coming and after leaving our website(s), how you navigate and what you search for using our website(s) and mobile application, the website pages and items you view using our website(s) and mobile application, and the items you purchase.
● Opt-in Preference Information. Information may include information about your transactions and opt-ins online and/or information about your participation in any contests, sweepstakes, or promotions.
● Inferences. Inferences about any of the information above that may relate to your preferences, or other matters.
● Other Data. On occasion, you may give us additional data, in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that you are offering this kind of information in exchange for an entry into such a contest or giveaway.
● Cookies. A cookie is a small piece of data file sent from a website to your computer by your web browser, for identifying the user and allows access to portions of the website. Before we use cookies, we will ask for your consent.
Most of our services do not require any form of registration, allowing you to visit the Site(s) without telling us who you are. However, some services, such as email opt-ins may require you to provide us with Personal Data. You may choose to access our Site(s) without any Personal Data input requested by us, but it may not be possible for you to gain access to certain parts of the Site(s). We only ask for information that is reasonably required for the purposes intended to provide service(s) or product(s) to you or to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
COOKIES
Cookies are tiny files that are temporarily stored on your hard disk, enabling our site to recognize your computer the next time you visit www.floracreekplace.com. Depending on your settings, your Internet browser will automatically accept Cookies. However, before we use cookies, we will ask for your consent. You may refuse, but please be aware that might limit the usage and access to our Site.
HOW WE USE PERSONAL DATA
Sites and Company will use your Personal Data only in accordance with our Privacy Policy. We respect your privacy and without your consent we will never sell, trade or transfer your personally identifiable information to third parties except for what is necessary for fulfilling a customer transaction or for the basic functionality of our business. We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases include, but are not limited to, User consent, contractual necessity (e.g. necessary processing of Personal Data to purchase and ship a service or good), and/or our “legitimate interests” or legitimate interest of others (i.e. our Users) such as personalizing, improving or operating our Products and business.
We process Personal Data for purposes such as:
● To allow you to participate in the Site(s), and/or features or activities we offer
● To process a transaction through our Site(s) or to process your account registration, verify your identity or eligibility, and to send you confirmations and receipts;
● To process your orders and deliver the Products/Services that you have ordered
● To contact you regarding any problems with your merchandise order or account
● To update you about our products [add other items e.g. software updates]
● To create and administer your account
● To send you newsletters
● To provide support and assistance to you and your online experience with us
● To provide the ability to contact you and provide you with any necessary updates regarding your order
● To deliver your product or services purchased and/or requested
● To share special offers and promotions
● To share free downloads
● To provide customer feedback and support
● To personalize marketing communications and website content based on your preferences
● To respond to your inquiries and provide customer service related to your use of the Site(s)
● To protect against misuse of the Channels, fraud, or any criminal activity
● To help us serve you better, including personalizing your shopping experience and tailoring content, recommendations, and offers we display to you, including advertisements
● To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations and internal business purposes
● To meet contract or legal obligations
● To process payments or refunds
At any given time, you have the option to opt out of the communications sent by us by using the “Unsubscribe” link found in the email we send to you or you can contact us by using the information in the “Contact Us” section of this Policy.
HOW WE COLLECT INFORMATION
Most of the Personal Data we collect is through you, voluntarily providing the information as you use our Site(s). Other sources of data collection is through our website, during calls with you, Google analytics, messages on social media platforms, and reviews. We also obtain information from third parties. For example, we may collect and obtain information from the following sources:
● From You, such as when you make a purchase, interact with us, visit or contact us, register for an online account or newsletter, participate in a contest or sweepstakes, respond to a survey, engage in a promotional activity, register to attend an event or appointment, or sign up for emails or marketing
● From the Company Subsidiary Brands and Affiliates, such as from Courtney Lynn Photography, and our other affiliates, and subsidiaries that you have interacted with
● From Third Parties, such as service providers that we use, analytics companies such as Google and Shopify, advertising networks and cooperatives, demographic companies, third parties that provide us with information about you and the different devices you use online, and other third parties that we choose to collaborate or work with
● From Social Media Platforms and Networks that you use in connection with our website or mobile application, or that share or allow you to share information with us, such as Facebook, Twitter, Pinterest, and Instagram. For example, if you use functionalities, plugins, widgets, or tools from social media platforms or networks in connection with our website(s) or mobile application, we will collect the information that you share with us, or that those social media platforms or networks share with us. For more information about social media platform and network privacy practices, please review the privacy policies and settings of the social media platforms and networks that you use; and
● Using Cookies and Automatic Collection Methods, such as from the third parties we work with who may collect information from the computer, tablet, phone, or other device that you install our mobile application on, that you use to access our website(s), or that you use to open an email or click on an advertisement from us. This collection includes automatically collected information and generally does not include personal information unless you provide it through our Site(s) or you choose to share it with us. Methods we may use include:
o Cookies (which may be session-based or persistent, and are typically small data files that are stored on your hard drive or in connection with your Internet browser)
o Web Beacons or Tags (small images embedded into websites or emails that send information about your computer, tablet, phone, or other device when you visit our website(s) or open an email we send to you)
o Website and Mobile Application Log Files (which we tend to create automatically in connection with access to and use of our website(s) and mobile application)
o Flash cookies or Local Stored Objects (which may be placed using Adobe Flash software—learn more about privacy and storage settings for Flash cookies at Adobe website) and
o Other Technologies (which may be similar to or different than the methods noted above).
WITH WHOM WE SHARE PERSONAL DATA and THIRD PARTY LINKING
In general, we do not sell, rent, and/or give away your Personal Data to any third parties for marketing purposes unless you have given affirmative consent. However, we share with our affiliates, subsidiaries, or with third party service providers non-personally identifiable user information including, but not limited to, usage pattern, browser type and your computer for purposes of data processing or storage. We also may share Personal Data with third parties and service providers that provide products or services to us which help us market or advertise to you or that provide products or services to you. We may use third parties or service providers to help with i) addressing security issues, ii) fixing errors, iii) advertising or marketing, iv) maintaining accounts v) providing customer service, vi) assisting with internal research, viii) verifying service quality or safety, and ix) performing any of the other actions or activities allowed under this Policy. We reserve the right to disclose Personal Data when needed to comply with the law or a legal process, cooperate with investigations of purported unlawful activities, respond to subpoenas or court orders, exercise our legal rights or defend ourselves in a legal claim, or in connection with the sale of part or all of Company or its affiliates assets, or to enforce Company Terms of Use.
We also share Personal Data with business partners and authorized third party vendors, agents or contractors in order to complete transactions, orders of products or services, delivery of products or services, and processing credit card transactions. Site(s) may link to or incorporate websites, advertising or content hosted and served by third parties over which we have no control, and which are governed by the privacy policies and business practices of those third parties, including the banks or payment systems for transactions. Company is not responsible for the privacy practices or business practices of any third party.
We recommend that you take every precaution in protecting your Personal Data when you are on the Internet. When linking to other third-party websites from our Website(s) and/or Site(s), we encourage you to review the privacy statements and policies of the other websites as they are outside of our control, and thus, we assume no liability for their privacy policies and Personal Data processes.
SECURITY
We employ commercially reasonable security methods and technologies to help secure your personal information, including physical, technological, and organizational protections. However, no system can be guaranteed 100% secure. We, therefore, cannot ensure or warrant the security of any information that you transmit to us, or that we transmit to you, or guarantee that it will be free from unauthorized access by third parties. You use the Site(s) and provide us with information at your own initiative and risk.
CALIFORNIA RESIDENT RIGHTS UNDER THE CCPA
Exercise Your Right
You have the right to request to access the Personal Data we collect, use, disclose, and sell, including specific pieces of Personal Data we have collected and/or used about you in the preceding 12 months. Additionally, you have the right to ask us to delete the Personal Data we collect about you, subject to exceptions set forth in the CCPA. California residents also have the right to opt-out from the sale of their Personal Data. These rights are subject to some limitations, such as when we are retaining data to comply with our own legal obligations.
Exercising Access and Deletion Rights
To exercise the request to access, request to delete, and/or request to opt out described above, please submit a verifiable consumer request to us by sending us a message on our email, floracreekplace@gmail.com. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. Please provide sufficient detail for us to process, understand, evaluate and respond to the request efficiently and effectively. We do not charge a fee to process or respond to your requests under these rights.
Request a Copy of Data
You have the right to request a digital copy of the data that we hold about you. Your first request for a copy of your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.
Response Timing
When you request access to the Personal Data we have collected or deletion of your Personal Data, we will typically provide the requested information within 45 days, and we will notify you within that time period if we need additional time to process your request. When you opt-out from the sale of your Personal Data, we will honor your request as soon as feasible, but no later than 15 days from the date we receive your request. We will deliver our written response by mail or electronically, at your option.
Right to Non-Discrimination
California consumers have the right to non-discrimination for exercising CCPA rights. We will not discriminate against you for exercising your CCPA rights.
OTHER CALIFORNIA RIGHTS
As stated above in this Privacy Policy, Company does not share personal information with third parties for their direct marketing purposes (as defined by California Civil Code Section 1798.83) unless we give you a choice (an opt-out) before sharing with those third parties.
Under the California Online Privacy Protection Act (the “Act”) and the California Business and Professions Code, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for direct marketing purposes and providing contact information for such affiliates and/or third parties. The Act further requires us to allow you to control who we can and cannot share that information with. If you are a California resident and would like a copy of this notice, please submit a written request to the address provided below indicating which Personal Data you do not want us to share with third parties. We will respond to you as soon as possible upon receipt of the request.
Please submit all requests:
By email to: floracreekplace@gmail.com
or
By mail to: Courtney Morales, 3504 Bristol Dr. Arlington, TX 76013
You must put the statement “Your California Privacy Rights” in the subject field of your email or in the address line of your envelope. You must include your name, email address, street address, city, state, and ZIP code. We are not responsible for notices that are labeled or sent improperly, or which have incomplete information.
INFORMATION FOR RESIDENTS OF THE EUROPEAN UNION
AND EUROPEAN ECONOMIC AREA
GENERAL DATA PROTECTION REGULATION (GDPR)
This section of the Privacy Policy applies only if you use our Site(s) from a country that is a Member State of the European Union or European Economic Area (hereinafter collectively, “EU”), and it supplements the information in the remainder of our Policy, above.
Sharing your Personal Data
We do not sell, rent, and/or give away your Personal Data to any third parties for marketing purposes unless you have given affirmative consent. However, we share with our affiliates or with third party service providers non-personally identifiable user information including, but not limited to, usage pattern, browser type, and your computer for purposes of data processing or storage. We reserve the right to disclose Personal Data when needed to comply with the law or a legal process, cooperate with investigations of purported unlawful activities, respond to subpoenas or court orders, exercise our legal rights or defend ourselves in a legal claim, or in connection with the sale of part or all of Company or its affiliates assets, or to enforce Company Terms of Use.
Use and Transfer of your Personal Data out of EU
Our website is hosted and operated in the United States through Company and its affiliates. If you are located in the EU, London, England, or elsewhere outside of the United States, any information you provide will be transferred to the United States. By using our website, any of our products or services or by providing Personal Data for any of the purposes above, you consent to the transfer and storage of your Personal Data to the United States, whether by us or a third party, including the hosting of this Personal Data on U.S. servers
User Rights under the GDPR
If you are located or a resident of the EU, you have specific user rights under the GDPR. You have the right to request access to the information we have for you and a obtain a portable digital copy of the Personal Data. In the event you believe the information we have is incorrect or incomplete, you can request that we correct or supplement such information. Please contact us at floracreekplace@gmail.com to request your Personal Data or to rectify and data. If you wish to remove your private information (such as a home address provided in an opt-in), you may contact us at floracreekplace@gmail.com. You can also request us to a) erase or restrict your Personal Data; b) withdraw your consent regarding collection of your Personal Data; or c) object to all or a part of your Personal Data on our systems. Please contact us at floracreekplace@gmail.com for the above requests. Any withdrawal of consent does not apply to data collected lawfully prior to such consent. You have the right to lodge a complaint with regards to your Personal Data to a supervisory authority containing jurisdiction over GDPR related issues.
POLICY WITH MINORS
Company Site(s) are not intended for individuals under the age of 18. If you are under 18, you may only use the Site(s) under the supervision of a parent or guardian. Company does not knowingly or willfully collect information from anyone under 18 years of age. No part of this website is designed to attract anyone under the age of 18. The intended purposes, sales of products and services of this website is not for anyone under the age of 18. If Company discovers or is notified that information is acquired from anyone under the age of 18, such information and data will be deleted by Company.
DATA RETENTION
Personal Data retention depends on the type of data and the purpose for which we process the data, unless otherwise required by law. Company will retain and use information as necessary to comply with its legal obligations, resolve disputes, and enforce its agreements for a period of 10 years.
LIMITATIONS
● By using our Website, Site(s) and subdomains, you agree that Company is not responsible for: (i) any disclosure of your Personal Data made by you to a third party through your use of the Sites; (ii) any disclosure of your Personal Data on obtained illegally from Company; or (iii) any accidental disclosure of your Personal Data made by Company.
● Personal Information does not include publicly available information from government records, de-identified or aggregated consumer information, and/or information excluded from the CCPA’s scope, such as health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data, and personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
SEVERABILITY
If any part of these Terms, Conditions and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
ENTIRE AGREEMENT
The information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.
CONSENT
By using our Site(s), you hereby consent to our Terms and Conditions of Use and Privacy Policy.
CONTACT US
We welcome questions, comments, and concerns about our privacy policy and privacy practices.
This website is operated by Flora Creek Place. If you wish to provide feedback, have questions or concerns, or wish to exercise your rights related to your personal data, please use the following contact information:
floracreekplace@gmail.com or 682-302-0621
Please include your full name, return address, and detailed information about the subject matter of your request or question in addition to the information as stated herein in order for us to process, evaluate and respond.
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