Terms of Service & Privacy Policy

OVERVIEW
This website is operated by White Peony, LLC, dba White Peony Boutique (hereafter “White Peony”). Throughout the
site, the terms “we”, “us”, and “our”, refer to White Peony. White Peony offers this website, including all information,
tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions,
policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the
following terms and conditions (hereafter “Terms of Service”, or “Terms”), including those additional terms and
conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of
the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of
content. Minors, or anyone under the age of 18, are not allowed to use this site.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part
of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of
this agreement, then you may not access the website or use any services. If these Terms of Service are considered
an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can
review the most current version of the Terms of Service at any time on this page. We reserve the right to update,
change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes. Your continued use of or access to the website following
the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our
products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or
province of residence, or that you are the age of majority in your state or province of residence and you have given us
your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or
unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not
limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not
including credit card information), may be transferred unencrypted and involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit
card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell,
resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website
through which the service is provided, without express written permission by us. The headings used in this agreement
are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material
on this site is provided for general information only and should not be relied upon or used as the sole basis for
making decisions without consulting primary, more accurate, more complete, or more timely sources of information.
Any reliance on the material on this site is at your own risk. This site may contain certain historical information.
Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to
modify the contents of this site at any time, but we have no obligation to update any information on our site. You
agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue

the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-
party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services
may have limited quantities and are subject to return or exchange only according to our Return Policy. We have
made every effort to display as accurately as possible the colors and images of our products that appear at the store.
We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are
not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may
exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that
we offer. All descriptions of products or product pricing are subject to change at any time, with or without notice, at
the sole discretion of White Peony. We reserve the right to discontinue any product at any time. Any offer for any
product or service made on this site is void where prohibited. We do not warrant that the quality of any products,
services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in
the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities
purchased per person, per household or per order. These restrictions may include orders placed by or under the
same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the
event that we make a change to, or cancel an order, we may attempt to notify you by contacting the e-mail and/or
billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders
that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at
our store. You agree to promptly update your account and other information, including your email address and credit
card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more
detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools, ”as is”, and “as available”, without any warranties,
representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising
from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is
entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on
which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or
features through the website (including, the release of new tools and resources). Such new features and/or services
shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not
responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability

or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-
parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources,

content, or any other transactions made in connection with any third-party websites. Please review carefully the third-
party's policies and practices and make sure you understand them before you engage in any transaction. Complaints,

claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us
you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail,
or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish,
distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be
under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to
respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in
our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise
objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments
will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or
obscene material, or contain any computer virus or other malware that could in any way affect the operation of the
Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself,
or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any
comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted
by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. You may view our
Privacy Policy here.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies,
or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit
times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update
information or cancel orders if any information in the Service or on any related website is inaccurate at any time
without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or
clarify information in the Service or on any related website, including without limitation, pricing information, except as
required by law. No specified update or refresh date applied in the Service or on any related website, should be taken
to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its
content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate
any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or
violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race,
age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any
other type of malicious code that will or may be used in any way that will affect the functionality or operation of the
Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of
others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to
interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited
uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-
free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any
time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk.
The service and all products and services delivered to you through the service are (except as expressly stated by us)
provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either
express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a
particular purpose, durability, title, and non-infringement. In no case shall White Peony, our directors, officers,
employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury,
loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including,
without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages,
whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the
service or any products procured using the service, or for any other claim related in any way to your use of the
service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of
any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise
made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow
the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our
liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless White Peony and our parent, subsidiaries, affiliates, partners,
officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and
employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to
or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your
violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such
provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable
portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity
and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this
agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You
may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or
when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any
term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you
will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you
access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of
such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in
respect to The Service constitutes the entire agreement and understanding between you and us and govern your use
of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral
or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any
ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements, whereby we provide you Services, shall be governed and
construed in accordance with the laws of the State of Minnesota, and you submit to the non-exclusive jurisdiction of
the state and federal courts located in the state of Minnesota, county of Stearns, for the resolution of any disputes.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our
sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to
our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to
our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of
those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@whitepeonyboutique.com.

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

White Peony Boutique (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy https://whitepeonyboutique.com/policies/privacy-policy.html (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

1. User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method, you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies. 

2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that White Peony Boutique and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of digital and physical products, services. Messages may include checkout reminders. 

4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@whitepeonyboutique.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

 

11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in St Cloud, MN before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which White Peony Boutique’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. 

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

12. State Law:

• Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
• Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code.

13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

In addition, you agree to our Messaging Terms and Messaging Privacy Policy.

WHITE PEONY BOUTIQUE'S PRIVACY POLICY 

 

White Peony LLC, DBA White Peony Boutique (“White Peony”), respects the privacy rights of Users (“Users”) of White Peony’s website, www.whitepeonyboutique.com (“Website”). White Peony is committed to fair information practices and created this Privacy Policy to ensure that Users can use the Website with confidence, knowing that User’s (“User’s”) privacy is protected. 

 

This Privacy Policy applies to the White Peony Website only, and does not apply to any websites of third parties (“Third-Party Websites”), which may have their own data collection, storage and use practices and policies that may differ in any way from our Privacy Policy. Please review the section below concerning Third-Party Websites for additional information. 

 

Each time a User (“User”) uses the Website, the most current version of the White Peony Privacy Policy will apply. In accordance with this, Users should check the date of this Privacy Policy each time they visit the Website in order to review any changes that may have occurred since the User’s previous use of the Website. Please review the section below that pertains to Updates and Changes to Privacy Policy. 

 

BY USING THE WEBSITE, USERS REPRESENT AND WARRANT THAT THEY HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS OF, THIS PRIVACY POLICY. IF A USER DOES NOT UNDERSTAND OR DOES NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY, THE USER MUST LEAVE THE WEBSITE IMMEDIATELY.

 

1. INFORMATION COLLECTION PRACTICES: 

 

(a) Traffic Data: Like most website operators, White Peony automatically gathers information of the sort that browsers automatically make available, including: (i) IP addresses; (ii) domain servers; (iii) types of computers accessing the Website; and (iv) types of Web browsers accessing the Website (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify a User.

 

(b) Cookies: A “Cookie” is a string of information that a website stores on a computer, and that the computer user’s browser provides to the website each time the computer user submits a query to the website. The purpose of a Cookie is to identify the computer user as a unique user of the Website. White Peony uses Cookies to customize a User’s experience on the Website to the User’s interests, to ensure that User’s do not see the same advertisements or informational messages repeatedly, and to store User’s password so that the User does not have to re-enter it each time they visit the Website. Please see the section below regarding Information Use and Disclosure Practices/Traffic Date and Information Gathered Using Cookies if you would like additional information on White Peony’s uses of Cookies.

 

(c) Personal Information: In order for a User to use certain Services, User will be asked to provide White Peony with certain information that does personally identify the User (“Personal Information”). Personal Information includes, without limitation: (1) “Contact Data” (such as User’s name, phone number, fax number, mailing address and e-mail address); (2) “Financial Data” (White Peony does not store or otherwise retain financial or credit card information); (3) Demographic Data” (such as User’s gender and zip code). In each case, User will be asked to provide Personal Information; the Website will not gather it surreptitiously. White Peony may supplement the Personal Information Users provide with additional Personal Information gathered from public sources or from third-parties (e.g., consumer reporting agencies) who may lawfully provide such information to White Peony. Users are under no obligation to provide Personal Information, with the caveat that User’s refusal to do so may prevent User from using certain Services. 

 

2. INFORMATION USE AND DISCLOSURE PRACTICES:

 

(a) Traffic Data and Information Gathered Using Cookies: 

White Peony analyzes Traffic Data and information gathered using Cookies to help White Peony better understand who is using the Website and how they are using it. By identifying patterns and trends in usage, White Peony is able to better design the Website to improve User experience, and to supply Users more relevant and interesting content and advertisements. From time to time, White Peony may release Traffic Data and information gathered using Cookies in the aggregate, such as by publishing a report on trends in the usage of the Website. White Peony does not attempt to link information gathered using Cookies to Personal Information.

 

(b) Personal Information:

 

(i) Generally. White Peony uses a User’s Contact Data to send Users information about White Peony and White Peony’s Services (“Services”), which are detailed in our Terms and Conditions, and to contact Users when necessary in connection with the Services. White Peony uses Financial Data to verify User’s qualifications for certain Services and, when necessary, to bill the User. White Peony uses User’s Business Information to file corporate/company documents. White Peony uses User’s Demographic Data to customize and tailor User’s experience on the Website. As with Traffic Data and information gathered using Cookies, from time to time White Peony may release Demographic Data in the aggregate, such as by publishing a report on trends in the usage of the Website. 

 

(ii) Disclosure Practices. Except under the following circumstances, White Peony will keep User’s Personal Information private, and will not share it with third parties.

 

• Disclosure in Connection with Services. White Peony discloses Personal Information to those who help it provide services, including those who perform technical, administrative and data processing tasks such as hosting, billing, fulfillment, and data storage and security. 

 

• By Law or to Protect Rights. White Peony discloses Personal Information when required to do so by law, or in response to a subpoena or court order, or when White Peony believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of White Peony, third parties or the public at large. 

• Business Transfers; Bankruptcy. White Peony reserves the right to transfer all Personal Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of White Peony’s assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Privacy Policy, or to a new privacy policy if Users are given notice of that new privacy policy and an opportunity to affirmatively opt-out of it. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by White Peony’s successor organization. 

 

• Unpaid Accounts. If a User fails to pay any balance owed in consideration of services, White Peony may, as permitted by law, report User’s Personal Information, including without limitation the User’s unpaid balance, to consumer credit reporting services, collection agencies and others.

 

3. SECURITY OF PERSONAL INFORMATION: 

 

White Peony has invested significant time and resources into protecting the Personal Information of our Users. We have implemented and maintain reasonable security procedures and practices to protect against the unauthorized access, use, modification, destruction or disclosure of User’s Personal Information. 

 

4. CHILDREN’S PRIVACY:

 

White Peony does not solicit or knowingly collect personally identifiable information from children under the age of 13. In the event that White Peony obtains actual knowledge that it has inadvertently collected personally identifiable information from a child under the age of 13, White Peony will immediately delete, or otherwise remove such information from its database. Because White Peony does not collect personally identifiable information from children under the age of 13, we have no such information to use or disclose to third parties. White Peony has designed this Privacy Policy in order to meet, and comply with all requirements of the Children’s Online Privacy Protection Act (COPPA). 

 

5. CONSENT TO RECEIVE EMAIL FROM WHITE PEONY:

 

By registering with the Website, Users thereby consent to receive periodic email communications regarding the Services offered by White Peony. As part of registration, Users may also choose to receive email communications regarding promotions and other special offers (collectively, “Special Offers”). Users will have the option to “opt-out” from receiving Special Offers at any time by (a) following the unsubscribe instructions contained in each Special Offer; or (b) sending an email to info@whitepeonyboutique.com requesting that we remove the User’s e-mail address from our Special Offers e-mail list. 

 

 

 

 

 

6. UPDATE PERSONAL INFORMATION:

 

White Peony wants User’s Personal Information to be complete and accurate. As stated in the [Website Terms of Use], by using the Website, Users represent and warrant that all information Users provide on any registration form or otherwise in connection with User’s use of the Website and Services will be complete and accurate. Users should contact White Peony to confirm the completeness and accuracy of, or make changes to, User’s Personal Information. If a User fails to notify White Peony of any changes to their Personal Information, White Peony shall not be responsible for the display of any inaccurate information.

 

7. THIRD-PARTY WEBSITES:

 

White Peony does not own, nor does it control any Third-Party Websites. Accordingly, Third-Party Websites are not obligated to comply with this Privacy Policy except with respect to Personal Information that is provided directly to them by White Peony. Before visiting or providing Personal Information to a Third-Party Website, Users should become informed of the privacy policies and practices (if any) of that Third-Party Website, and should take any and all necessary steps to, in User’s discretion, protect User’s privacy. 

 

8. PROMOTIONS:

 

White Peony may periodically conduct contests, giveaways and other promotions (collectively, “Promotions”). Any information submitted in connection with Promotions will be treated in accordance with this Privacy Policy.

 

9. RESEARCH AND SURVEYS:

 

From time to time, White Peony may conduct research or ask Users to participate in surveys, which are designed to help White Peony improve the Website and the Services we provide. Any Personal Information provided to White Peony in connection with any research or survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in aggregated form.

 

10. UPDATES AND CHANGES TO PRIVACY POLICY:

 

Although most changes are likely to be minor, White Peony does reserve the right, at any time and without notice, to add to, update, change or modify this Privacy Policy, simply by posting such update, change or modification on this page. In the event that White Peony does add to, update, change or modify this Privacy Policy, any such addition, update, change or modification will become effective immediately upon posting on the Website. Each time a User uses the Website, the most current version of this Privacy Policy will be applicable. In accordance with this, each time a User returns to use the Website that User should check the date of this Privacy Policy (as it appears at the end) and review any changes since the last time the User used the Website. Unless a User provides White Peony with User’s express consent, any revised Privacy Policy will apply only to information collected after the effective date of such revised Privacy Policy, and not to information collected under any earlier Privacy Policy.

 

Effective Date: February 1, 2021