Data Protection. Bloom’s terms and conditions have been revised to meet the standards and requirements of the GDPR. Accountability and governance measures are in place to ensure that Bloom understands and adequately disseminates its obligations and responsibilities, with a dedicated focus on privacy and the rights of individuals.
Data Retention and Erasure. Bloom has updated its retention policy. Bloom may keep your personal information as long as Bloom may need it for legitimate business purposes and as permitted by applicable law. Typically, once a client relationship with Bloom ends, Bloom will delete your information, unless: (1) Bloom must keep it to comply with applicable law; (2) Bloom must keep it to evidence its compliance with applicable law; (3) there is an outstanding issue, claim, or dispute requiring Bloom to retain the relevant information until
said issue is resolved; or (4) the information must be kept for Bloom’s legitimate business interests, such as fraud prevention and enhancing other clients’ safety and security (i.e., if a previous client has been terminated and banned for any particular reason that may endanger other clients and/or their property, said previous client’s information may be retained to prevent him or her from again becoming a client). Bloom cannot guarantee that all data will be deleted within a specific timeframe.
Data Breach. Bloom regularly monitors its systems for possible vulnerabilities and attacks and regularly reviews its information collection, storage, and processing practices. Bloom’s procedures ensure that Bloom has safeguards in place to identify, assess, investigate, and report any personal data breach as early as possible.
Subject Access Request. You have the right to review the personal information Bloom keeps about you, confirmation that your request has been processed, and any supplementary information held by Bloom relating to you. Upon request, Bloom has thirty (30) days to reply to you and provide you with the requested information.
Children. Bloom’s website and services are restricted to users and clients who are eighteen (18) years of age or older. Bloom Matchmaking does not permit users under the age of eighteen (18) to use this website and therefore Bloom will not knowingly collect any personal information from anyone under the age of eighteen (18).
Bloom collects and stores personal information you provide through our website or that you submit to us in some other method, such as over the phone or in person. This may include personal information, such as your name, address, email address, telephone number, and driver’s license number. Bloom does not store payment and financial information within Bloom’s system, but rather relies on merchant processors to store and encrypt this data. When you choose to join Bloom Matchmaking, Bloom also requests information about you such as your age and gender, interests, hobbies, and other information including, but not limited to, your education, occupation, interests, activities, religious affiliations, family information, etc. Bloom may also obtain a
photograph of you. Your responses will be strictly confidential. However, limited personal information (i.e., your name and photograph) may be shared with referrals.
Technology Used to Collect Information
Web Beacons. A web beacon is a programming code that can be used to display an image on a webpage but can also be used to transfer your unique user identification to a database and associate you with previously acquired information about an individual in a database. This allows Bloom to track certain websites you visit.
Web beacons are used to track online behavioral habits for marketing purposes to determine products or services you may be interested in. In addition to using web beacons on web pages, Bloom also uses web beacons in email messages sent to individuals listed in Bloom’s database.
Links. Websites and email messages sometimes contain hypertext links to the websites of third parties. Bloom is not responsible for the privacy practices or the content of such other websites.
IP Addresses and other Technical Information. Bloom Matchmaking automatically tracks certain information based upon your behavior on the Website. Bloom may use this information to do internal research on Bloom’s clients’ demographics, interests, and behavior to better understand, protect, and serve you and the Bloom Matchmaking community.
New Technology. The use of technology on the Internet, including cookies and web beacons, is rapidly developing. As a result, Bloom strongly encourages individuals to revisit this policy for any updates regarding its use of new technology.
Use of Personal Information
The following paragraphs describe how Bloom currently uses personal information, but Bloom may change or broaden its use at any time. Bloom uses information it collects from you to service and manage your relationship with Bloom; perform research and analysis about your use of Bloom’s service; communicate with you by email, mail, telephone and/or mobile devices; enforce or exercise any rights in Bloom’s terms and conditions; manage Bloom’s business; send promotional communications to you; and perform activities as otherwise described to you at the time of collection.
Marketing. Bloom may use your personal information to send information to you about services that may be of interest to you by email or other means.
Direct Mail and Telemarketing. Where permitted by law, Bloom may use personal information to advertise, directly or indirectly, to individuals using direct mail marketing or telemarketing by telephone and cell phone.
Storage of Personal Information. Bloom stores the personal information in a database on computer servers. When you provide any personal information through Bloom’s website, the information may be sent to servers located in the North America or in other countries around the world. Further, if you are residing outside of North America, by registering and using this website, you acknowledge that the processing of your personal information may involve the transfer of such personal information from within the European Economic Area (“EEA”) to jurisdictions outside the EEA, whose data protection regulation may not be as stringent as that within the EEA, and vice versa.
Service Providers. Bloom may use third parties in the United States, Canada, and other jurisdictions to perform services on Bloom’s behalf, such as website or database hosting companies, address list hosting companies, media buying companies, e-mail service providers, analytics companies, distribution companies, fulfillment companies, and other similar service providers that perform services on Bloom’s behalf. Unless otherwise stated, these parties do not have any right to use the personal information Bloom provides to them beyond what is necessary for them to assist Bloom.
Statistics. Bloom may disclose, sell, or transfer aggregate statistics regarding user behavior as a measure of interest in, and use of, Bloom’s website and e-mails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user.
Disclosure of Personal Information to Third Parties. Bloom may use or disclose your personal information in response to subpoenas, court orders, warrants, or legal process, or to otherwise establish or exercise our legal rights or defend against legal claims or in the event you violate or breach an agreement with Bloom or as otherwise required or permitted by applicable law. Bloom may use and disclose your personal information if Bloom believes that you will harm the property or rights of Bloom, its owners, or those of Bloom’s other customers. Finally, Bloom may use or disclose your personal information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, and/or situations involving potential threats to the
physical safety of any person.
Merger or Sale. Bloom reserves the right to disclose, transfer or sell your personal information to companies who are affiliated with Bloom in Bloom’s sole discretion. If all or part of Bloom changes or considers a change in ownership through acquisition, merger, sale, or other change of business status, Bloom reserves the right to transfer or assign the right to use your personal information.
BLOOM MATCHMAKING PROVIDES ITS SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO BLOOM’S SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BLOOM MATCHMAKING DOES NOT REPRESENT OR WARRANT THAT (A) ITS SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE; (B) ANY DEFECTS OR ERRORS IN BLOOM’S SERVICES WILL BE CORRECTED; OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH BLOOM’S SERVICES WILL BE ACCURATE. FURTHERMORE, BLOOM MATCHMAKING MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE CLIENTS AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU; OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.
BLOOM MATCHMAKING TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH BLOOM’S SERVICES NOR DOES BLOOM TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE
THROUGH BLOOM. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BLOOM’S SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BLOOM MATCHMAKING, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE
LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER
INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE BLOOM’S SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF BLOOM’S SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF BLOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BLOOM MATCHMAKING’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO BLOOM FOR ITS SERVICES.
THE LIMITATION OF LIABILTY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
You and Bloom Matchmaking agree to arbitrate any disputes arising out of or related to this Agreement, including the enforcement of this arbitration provision. Arbitration final decisions shall be binding on both parties. Venue for such arbitration shall be within the City of Richmond and the parties shall contract for the arbitration with AAA using their commercial contracts rules. You understand that by agreeing to arbitrate you waive your right to sue in court. Please consider this before signing this Agreement. The parties agree to equally split the costs of filing the arbitration and for the arbitrator(s) and the parties shall each pay their shares timely upon request. In the event a party to this Agreement sues in court despite the agreement to arbitrate in this
paragraph, and if the other party successfully compels arbitration under this paragraph, then the party who sued in court must pay the party who successfully enforced this paragraph all its reasonable fees and costs, including attorneys’ fees, incurred in enforcing this paragraph, and we further agree that such payment must take place before arbitration under this paragraph may proceed. Notice of your intention to arbitrate must be in writing (but not including email) and delivered to us at the address at the top of this Agreement.
This Agreement, and the rights and obligations of the parties hereunder, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia applicable to contracts made and to be performed therein.
If any provision of this Agreement, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect any other provision that can be given effect without the invalid provision or application, and to this end the provisions hereof shall be severable.
This Agreement and any additional terms upon purchase, contain the entire agreement between you and Bloom Matchmaking regarding the use of its services. This Agreement supersedes all previous agreements, representations, and arrangements between you and Bloom, written or oral. The failure of Bloom to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your relationship with Bloom Matchmaking is non-transferable and all of your rights as a client terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by Bloom without restriction. No agency,
partnership, joint venture, fiduciary, or other special relationship or employment is created as a result of these this Agreement, and you may not make any representations on behalf of or bind Bloom in any manner.
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