Effective Date: 1st December 2022
At Send-Off, your privacy is very important to us and we want to assure you that we take the confidentiality and security of your personal data very seriously. Send-Off refers to Send-Off Ltd, a company registered in Northern Ireland.
What personal data we collect and how we collect it
Personal data you provide when you purchase from us
Personal data obtained when you use our Website
Personal data obtained if you contact us
How we use the personal data we collect from you
To fulfil your order
For customer care
For internal business purposes
Our lawful basis for processing your personal data
We collect personal data from you whenever you interact with our Websites, including when you make purchases, when you browse our Websites, when you use our services or when you sign up to receive any of our services. When providing personal data to us through a form, we indicate which personal data is optional. Please note that, when collection of personal data is required or necessary either as needed for us to fulfil your order or based on legal obligation and you elect not to provide the personal data, we may not be able to accept or fulfil your order.
The types of personal data that we will collect, store, maintain or process includes the following. We provide further details regarding the use of the personal data in Clause 8.
Personal data you provide when you purchase from us
- Your contact details you provide when placing your order, including name, title, billing address, telephone numbers and e-mail address
- Recipient and delivery details you provide when placing your order, including name, address, contact telephone numbers, delivery instructions and email address
- The occasions for which you purchase our goods and services such as birthdays and anniversaries
- Any personal data contained within the card message (e.g., names and birthdays)
- Details associated with the products you order
- Details of the services you purchase or subscribe to
- When you make a purchase, your payment card details (in accordance with payment card industry standards)
- Your communication and marketing preferences including delivery updates and notifications
Additional Personal Data provided through the "My Account" feature
- Customer title, name, preferred name, telephone number and type, email address, email address type and postal address
- Recipient title, name, preferred name, telephone number, email address and postal address
- Gift card balance details
- Stored delivery instructions
Additional Personal Data obtained when you use our Websites
- Details of your online browsing activities on our Websites such as the pages visited and the parts of the Websites used
- Details of the type of device used to access our Websites (device screen size, device type), your device IP address, and your device location, browser information and the preferred language to display our Websites
- Information from social networking sites when you interact with us through our social networking sites. We collect the following data from social media accounts:
- Facebook: first name, last name, profile picture
- Instagram: username, name, profile picture, bio, website URL, follower count
- Twitter: username, name, profile picture, location, bio, website URL, follower counts, whether the account is verified as authentic, whether the account is private, account creation time
- LinkedIn: first name. last name, profile picture (this information is deleted after 24 hours as required by LinkedIn's terms of service)
- Google My Business: username, id, profile picture, address
- YouTube: profile name, profile picture, channel names
- Pinterest: username, first name, last name, bio, profile picture
Additional Personal Data obtained through contact with us
- Details of your interaction with emails that we send you including links that you click and emails that you open
- If contact occurs between us, we will keep a record of that correspondence, including your name and contact data, and details of your customer care issues or other concerns and our responses (including any recorded telephone calls)
Our Websites are not intended for use by persons under the age of 18 and our terms and conditions require that a person be 18 or older when placing an order with us. If you believe we have collected personal data from a person under the age of 18, please notify us at the information provided in Clause 14.
To fulfil your order:
- To process your order
- To process payment including payment authorisation via payment card, cheque, gift card or other third party payment processor
- To carry out identity verification and fraud prevention checks when purchasing with a payment card and validating personal data you provide via a third party payment processor
- To provide data to any third party supplier or vendor who may fulfil your order on our behalf
- To provide order confirmation, delivery status notifications on any order placed with us
For customer care purposes:
- To address any customer care issues that occur either with respect to a product or service, delivery, or a complaint or enquiry that you or your recipient raise with us
- To contact you with any changes, cancellation or other issues with your order
- To manage any registered accounts you have through the Websites
- To obtain customer feedback with respect to an order either from you or your recipient (to the extent permitted under the applicable law
NOTE: Please note that you will receive communications with respect to fulfilling your order or for customer care purposes even if you opt out of receiving marketing communications.
For marketing purposes (including personalisation):
- To keep you up-to-date with new products and services that we think will be of interest to you
- To provide you with promotional offers
- To personalise your experience with Send-Off by providing information on products, services, news and updates tailored specifically to you through insights we have from the data you have provided to us
- To provide personalised marketing to you based on insights we have gained from the data you have provided to us (e.g. your purchasing history, the occasions you have purchased for and the frequency you have purchased from us)
- To serve you with marketing advertisements based on your browsing history on our Websites, to the extent you use our Websites, through cookies on our Websites or a registered account with us.
- Notify you of competitions and prize draw offers to enable you to enter and to notify you of any wins
For marketing through third parties:
If you use our Website and you have agreed to accept cookies, then you may receive personalised advertisements of our products and services when browsing other Websites using the same computer or device you used to view our Website. This marketing is enabled through the cookies collecting data of your online browsing behaviour. These cookies are operated by a third party and the advertisements are provided through a third party. Details of our third party providers are available within the Data Sharing section of this policy.
For marketing through third parties (including online advertising):
If you use our Websites, then you will receive marketing from us through our third party suppliers such as email campaigns and direct marketing campaigns promoting our products and services.
By using our Websites you will also receive personalised online advertising when browsing other websites using the same computer or device you used to view our Websites. Online advertising is enabled through the cookies collecting data of your online browsing behaviour. These cookies are operated either by Send-Off or by a third party and the online advertising is provided through a third party.
Please note that we use search engine advertising programmes e.g. Facebook, Google Adwords and other advertising platforms to serve online advertising. If you are a registered user with these types of advertising platforms, we will use your email address or other contact information, in an encrypted format, to:
match with your profile on these advertising platforms so that we can provide you with personalised online advertising on these advertising platforms
to find other registered users (known as "lookalikes") of these advertising platforms that share similar interests to you based on:
information we have observed about you from your interactions with our Websites
the information these advertising platforms hold about you.
Please note that the online advertising outlined above is subject to the privacy choices you have made on these advertising platforms.
You can opt out of receiving online advertising from us via Privacy Hub
Details of our third party providers are available within Clause 9 of this policy.
You can remove or disable cookies at any time.
For internal business purposes:
We will use any of the personal data collected to help us to understand how many people interact with our Websites, how well the Websites are working and to consider any improvements we may need to make to the Websites to improve your online experience. It also helps us determine what products and services you are interested in and what you or other customers might wish to purchase from us in future.
More specifically, we may use your personal data for the following internal business purposes:
- To analyse your browsing and purchasing activity on our Websites, including any search terms you may have entered into our Websites
- To analyse the demographic data we collect when you place your order or otherwise use our Websites including your title, address, IP address, browser type, and occasions for which you purchase flowers in order to offer you better products and services and improve our business
- To analyse customers shopping with us to understand our target audience for the purposes of selecting similar customers for advertising purposes
- To analyse delivery location data you provide when placing your order to understand the delivery logistics required for our delivery network
- To analyse your responses to our marketing communications
- To ensure our online content is presented in the most effective manner for you and your electronic device(s) i.e. tailored for a desktop computer, tablet, iPhone, Android or voice ordering systems (e.g. Amazon Alexa)
- To obtain customer feedback with respect to an order either from you or your recipient (to the extent permitted under the applicable law) to determine the quality of the customer or recipient experience and to improve customer care experiences
- To develop and provide new or improved products or services
- To gain information and insights from your profile, use and interactions with pages or accounts we operate on social media platforms
- For crime and fraud prevention, detection and related matters, including cooperation with the police and similar authorities with their lawful queries and investigations
- To confirm your identity, as necessary
- To comply with any legal obligation for the purposes of good governance or regulatory guidance with respect to applicable law
- With respect to any legal claims or related guidance by our advisors
With respect to any mergers or acquisitions or other business or legal affairs as further described in Clause 9
You have the right to opt out of receiving direct marketing communications at any time. We will address your opt out request as soon as possible, but no longer than one month from the date we receive your request.
You may opt out of marketing communications or change your preferences with respect to marketing communications by:
Unsubscribing from emails using the unsubscribe link which can be found in all marketing emails
Unsubscribing from SMS messaging by texting "STOP" to the number included in the SMS message
Updating your preferences within your "My Account"
Contacting us via the contact information provided in this policy
Contacting us via the Privacy Settings on our Websites as follows:
We are committed to protecting and respecting your privacy rights, and to ensuring that your personal data is safe and secure.
We use administrative, organisational, technical and physical safeguards to protect personal data. Our security controls are designed to protect your personal data from unauthorised alteration, access, disclosure, and use. We regularly test our Websites, data centres, systems, and other assets for security vulnerabilities. In addition, at a minimum, our safeguards involve appropriate technical and organisational measures including, but not limited to, encryption services, review of our data collection, storage and processing practices (including physical security measures, to guard against unauthorised access to systems), scenario planning and crisis management protocols to ensure we are able to respond to cyber security attacks and data security incidents, regular penetration testing of systems, security controls to protect our IT infrastructure from external attack and unauthorised access, and internal policies setting out our data security approach and training for employees.
Send-Off handles payment card data in a manner consistent with the Payment Card Industry Data Security Standard (PCI-DSS) and we do not store card details on our own databases.
We will never ask you to confirm any bank account or credit card details in writing or via email. If you receive an email or any other written communication claiming to be from us, asking you to provide this data, please ignore it and do not respond.
If you are using a computing device in a public location, you should always log out and close the website browser when you have finished your online session.
If you create an account with us, you must keep your password private and avoid using the same password for multiple online accounts. Any password created should be at least 8 characters long and must include at least one upper case letter, one lower case letter and one symbol. We recommend regularly changing your password, which you can do within your account.
Send-Off relies on different lawful basis for processing personal data. In some cases, more than one lawful basis may apply with respect to the same personal data.
Contract: We collect and process personal data in order to fulfil the order you place with us and in accordance with our contract with you to fulfil your order. Such personal data includes the items detailed in Clause 3 under the title "To fulfil your order".
Legitimate Interest: We collect and process personal data for our legitimate interests in fulfilling and processing your order, any customer care issues, to conduct research, to send email, direct marketing and online advertising to you, handling legal claims, and for fraud identification and prevention checks. Such personal data includes the items detailed in Clause 3 under the title "For customer care purposes", "For marketing purposes", "For marketing through third parties" and "For internal business purposes". With respect to any direct marketing we provide on the basis of a legitimate interest, you can unsubscribe as described in Clause 4.
Legal Obligations: Send-Off is required to comply with applicable laws, rules and regulations as well as industry standards and orders by courts with jurisdiction over Send-Off. In doing so, we may collect and retain personal data. For example, Send-Off creates and maintains records of your orders to maintain the tax and accounting records required by applicable laws, and to share such records with the tax authorities as and when required.
We will share your personal data with certain third parties in order to fulfil and process your order, enable us to perform our contract to provide your purchase to you, provide our Website and to provide you with marketing. The following is a list of types of third parties that may receive your personal data. Our third party providers are required to handle your personal data in accordance with appropriate data protection and security controls.
Send-Off Fulfilment Partners: Send-Off shares data with our partners who are independently owned and operated businesses. Our partners are our distributors for the purposes of fulfilling and delivering your purchases. We also use other third party fulfilment partners such as wholesalers for certain products and postal and courier services. Our partners and fulfilment partners may contact you or the recipient to assist in fulfilling your order. More specifically, on some occasions, you or the recipient will be contacted to schedule delivery or verify delivery information and availability. To maintain our high quality standards, we may contact recipients to ensure satisfaction with their gift.
Affiliates: Send-Off may share personal data with its affiliates from time to time. If you have ordered a product for international delivery, this may also include other third party entities who fulfil orders under the Mercury Man network for international floral and gifting delivery.
Flower and Gifting Suppliers (other than Send-Off partners): In order to fulfil customer orders, Send-Off contracts with third parties who provide flowers, plants and gifting such as vases and ornaments.
Financial/Payment Service Providers: In order to process customer orders placed with us, Send-Off contracts with payment service companies who process payment, ensure security of your transactions, and prevent or detect fraudulent transactions.
Marketing Service Providers: Send-Off contracts with third parties who:
provide email marketing, SMS (text) marketing, direct marketing campaigns
provide online advertising campaigns e.g. Facebook, Google Adwords and other similar advertising platforms
provide to us reporting of our marketing campaigns
provide services to facilitate 'refer a friend' offers as and when these are promoted
provide affiliate marketing services to us e.g. consumer discount websites
Market Research Providers: In order to continually improve our customer experience, Send-Off contracts with third parties who provide market research services, which include collating and reporting of customer feedback, and collate and provide customer feedback via customer surveys.
Website Improvement: In order to improve our online customer experience, Send-Off contracts with third parties who help us identify and make improvements to our website, provide website traffic data and website performance analysis information, and provide analysis on website performance focused on customer experience.
Customer Service Providers: In order to provide the best possible customer services to our customers, Send-Off contracts with third parties who provide call handling services for the purposes of taking customer orders, customer order enquiries and dealing with any customer care issues and provide 'Live Chat' functionality.
In addition to the reasons identified above, we may provide your personal data to third parties in the following circumstances:
- Law Enforcement/Government Requests: We may be required by law to provide personal data to law enforcement, a government agency or in response to a search warrant, subpoena or other legally valid enquiry or order, or to an investigative body or civil litigant including emergency situations. We may also disclose personal data when we believe in good faith that disclosure is necessary to comply with relevant laws, for the establishment, exercise or defence of legal claims, to prevent and address fraud and other illegal activity, to prevent death or imminent bodily harm, or to protect or defend the rights, property or safety of our users, others and ourselves.
- Send-Off Business and Legal Purposes/Mergers and Acquisitions: There may be business or legal reasons to disclose personal data. As an example, we may transfer data we have about you to third parties in connection with an actual or potential merger, consolidation, acquisition, reincorporation, sale/divestiture, or other similar transaction involving all or part of our company or any affiliate, or as part of a corporate reorganisation or stock sale or other change in corporate control. If we undergo such a business transition, personal data may be one of the assets that may be shared or transferred as part of the business transition and used by such third party as though such third party were Send-Off.
We will only retain your personal data for the purposes set out in this policy and for as long as we have a legal or business requirement to do so. Different retention periods apply for different types of personal data, however, the longest we will normally hold any personal data is 7 years after the last contact with such person or purchase by such person. The time period for retention will depend on applicable laws, rules or regulations that we are required to follow, whether there is an ongoing request or query or other type of legal claim or dispute, the type of information we are holding and whether we are asked by you or a regulatory authority to keep the personal data.
Send-Off is a UK based company and we will hold and process your personal data in the UK, which is outside of the EU, therefore, the UK is considered to be a "third country". We will share some personal data with our parent company TWC, based in the US. We will also share your personal data with certain third party providers both in the UK and overseas for the purpose of: (a) fulfilling orders placed for national and international delivery by you, (b) customer care, and (c) as otherwise outlined in Clause 9. Some of the organisations that we share personal data with may process it overseas. Please be assured that we have implemented appropriate technical and organisational measures and adequate safeguards to protect personal data. We are committed to continuously developing and improving the measures we already have in place. If any disclosures of personal data mean that your personal data will be transferred outside the UK, we will only make that transfer if: (a) the country to which the personal data is to be transferred ensures an adequate level of protection for personal data; (b) we have put in place appropriate safeguards to protect your personal data, such as an appropriate contract; (c) the transfer is necessary for one of the reasons specified in Clause 8, such as fulfilment of an international order under the contract between us and you; or (d) you consent to the transfer.
We fully respect that your personal data is owned by you and that you have certain rights with respect to the personal data. Our goal is to respect your rights. Please understand that we may have certain obligations to maintain personal data records despite your requests to exercise the following rights, such as for legal and accounting purposes. We ask that you read these rights carefully.
Right of Access (also known as "Subject Access Request"): To receive a copy of the personal data we hold about you, please contact us, see the Contact Details section below. Please understand that you will need to provide a copy of two of the following separate pieces of identification:
Utility bill (covering the last 3/6 months)
Current vehicle registration document
Bank statement (covering the last 3/6 months)
Rent book (covering the last 3/6 months)
Right to Rectification: You may ask us to update and correct any out-of-date or incorrect personal data that we hold about you, or to complete incomplete personal data.
You may have the following additional rights, detailed below.
- Right to Erasure (also known as "the Right to be Forgotten"): For a limited list of reasons, you may request that your personal data is removed from our systems.
- Right to Restrict: For a limited list of reasons, you may request that we cease using or that we suppress your personal data.
- Right to Object: You may object to our use of your personal data.
- Right to Data Portability: Where we use your personal data based on your consent or to enter or perform a contract with you, and our processing is carried out by automated means, you may request that any personal data you have provided us be transmitted to you or to another supplier (to the extent feasible).
Please note that if we erase all information about you and you make a future purchase or otherwise become a future customer, then we will not be aware of your prior requests or objections.
In respect of the additional rights outlined above, we request that you contact us via the Contact Details shown in Clause 14 below and we will provide you with additional information regarding your rights in connection with your specific request.
- Right to Lodge a Complaint: You have the right to lodge a complaint with the Supervisory Authority. The UK Supervisory Authority is the Information Commissioner's Office, see website www.ico.org.uk for details. In the Republic of Ireland the Supervisory Authority is The Data Protection Commission, see website www.dataprotection.ie for details.
We have appointed a Data Protection Officer whose role is to inform and advise us about and to ensure that we remain compliant with data protection laws. The Data Protection Officer should be your first point of contact if you have any queries or concerns about personal data. Our Data Protection Officer can be contacted via our contact us section on our website.