Privacy Policy

Effective date: July 18, 2019

This Privacy Policy describes how Bloom collects, uses and discloses information, and what choices you have with respect to the information.When we refer to “Bloom”, we mean the First Foundry Corporation that operates the https://www.bloomup.co/ website, the Bloom web application, and the Bloom mobile application(hereinafter referred to as the "Service").This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in thisPrivacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms And Conditions.PLEASE NOTE THAT THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS TO SUE UNDER THIS AGREEMENT.

Definitions

Service

“Service” means the https://www.bloomup.co/ website, the Bloom web application, and theBloom mobile application operated by Bloom.

Personal Data

“Personal Data” means data about an individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data

“Usage Data” is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies

Cookies are small files stored on your device (computer or mobile device).

Information Collection and Use

We collect several different types of information for various purposes to provide and improve ourService to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to:

Email address
First name and last name
Phone number
Address, State, Province, ZIP/Postal code, City
Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any,or all, of these communications from us by contacting us.

Usage Data

We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device ("Usage Data").This Usage Data may include information such as your computer's Internet Protocol address(e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.When you access the Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use,unique device identifiers and other diagnostic data.

Tracking Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.Cookies are files with a small amount of data which may include an anonymous uniqueidentifier. Cookies are sent to your browser from a website and stored on your device. Other Tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service.You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent.However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences andvarious settings.
  • Security Cookies. We use Security Cookies for security purposes.

Use of Data

Bloom uses the collected data for various purposes:

  • To provide and maintain our Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our Service
  • To monitor the usage of our Service
  • To detect, prevent and address technical issues
  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
  • To develop data products (based upon the aggregated sales information that we collect)that we may resell to third parties

Transfer of Data

Bloom may transfer, access and store Personal Data globally as necessary to perform the Services.If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.Bloom will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

Disclosure of Data

Customer Access

Administrators, and authorized users may be able to access, modify or restrict access to information and data collected through the Service.

Business Transaction

If Bloom is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Corporate Affiliates

Bloom may share information with its corporate affiliates, parents and/or subsidiaries.

Third Party Service Providers and Partners

We may engage third party companies or individuals as service providers or business partners to process data and information collected through Bloom and to support our business.

Disclosure for Law Enforcement

Under certain circumstances, Bloom may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

Bloom may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of Bloom
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

To Enforce Our Rights, Prevent Fraud, And For Safety

To protect and defend the rights, property or safety of Bloom or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.

With Consent

Bloom may share Information with third parties when we have consent to do so or as described above.

Security of Data

Bloom takes the security of data very seriously. Bloom works hard to protect the information you provide from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the information we collect, process and store, and the current state of technology. The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Service Providers

We may employ third party companies and individuals to facilitate our Service ("ServiceProviders"), provide the Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics Providers

For example, we may use third-party Service Providers to monitor and analyze the use of our Services.

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 13.We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Arbitration Clause

Except where prohibited, by visiting and using Bloom, you agree that: (1) any and all questions, controversies, claims and causes of action arising out of or connected with the construction, validity, interpretation, and enforceability of this Privacy Policy shall be resolved exclusively by means of arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, in San Francisco,California, and shall be resolved individually, without resort to any form of class action or representative action, and you agree that you shall not seek to aggregate any claims with other individuals; (2) BLOOM’S LIABILITY ARISING IN CONNECTION WITH THIS PRIVACY POLICY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF $1.00 AND SHALL BE FURTHER LIMITED TO ACTUAL DAMAGES EQUAL TO OR LESS THAN SUCH AMOUNTS,RESPECTIVELY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BLOOM SHALL NOT BE LIABLE FOR, AND YOU WAIVE ALL RIGHTS TO CLAIM ANY DIRECT, INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR ATTORNEYS FEES ARISING OUT OF THIS PRIVACY POLICY, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED (EVEN IF YOU OR ANY OF YOUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AND TO RECOVER OTHER SUCH RELATED COSTS OF BRINGING A CLAIM,NOR SHALL AN ENTRANT BE ENTITLED TO RESCIND THIS AGREEMENT NOR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.Claims shall be heard by a single arbitrator. The place of arbitration shall be San Francisco, California. The arbitration shall be governed by the laws of the State of California without giving effect to any choice of law or conflict of law rules of the State of California or of any other jurisdiction. Depositions shall be limited to a maximum of three per party and shall be held within twenty days of the making of a request. Additional depositions may be scheduled only with the permission of the arbitrators, and for good cause shown. Each deposition shall be limited to a maximum of seven hours duration.Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within ninety (90) days of filing and awards rendered within one hundred twenty (120) days. The Arbitrator shall agree to these limits prior to accepting appointment. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The prevailing party shall not be entitled to an award of attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence,content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

Our Clients

Hear what our lovely clients say!

Our clients love using Bloom because we are there when you need us. Your success is our success.

"The customer service offered by the Bloom teams goes above and beyond what any business could expect. Amazing support staff! More help, and more willingness to help, than other services that charge so much more per month."

Heather
Store Manager - Tangent Farmacy
Heather
Store Manager - Tangent Farmacy

"We switched from Flowhub to Bloom and couldn't be happier. Mike and his team obviously care about our shop and always keep us up to date on everything going on. It feels great having a tech partner you can count on."

Gregg K.
Store Owner - Fireside Dispensary
Gregg K.
Store Owner - Fireside Dispensary
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