Fresh.com (the “Website”) is published and maintained by Fresh, Inc., with offices located at 19 East 57th Street, New York, NY (“Fresh,” “we” or “us”).
You may opt in or opt out of our sharing of your personal information with third parties for marketing purposes by following the directions in the “Your Right to Opt In and/or Opt Out” section below.
Fresh does not knowingly collect or use any personally identifiable information from individuals under the age of 13. If we become aware that any such information has been provided or submitted to us, we will delete the information as soon as possible.
What information is Collected
Personal Information Your privacy is important to us. Depending on how you use the Website, we may ask you to share Personal Information with us. “Personal Information” includes, for example, your name; home and/or business address; e-mail address; telephone number; credit card and other payment information; birth day and other demographic information and/or other information that may identify you as an individual or allow online or offline contact with you as an individual.
Fresh will ask you for information, including some Personal Information, if you complete a Customer Information Card in one of our retail stores or use one of several services on our Website:
• Sign up for e-mail: In order to receive our e-mail blasts, you need to share your e-mail address. You do not have to sign up for e-mail to browse the Website and make purchases.
• Becoming a registered user: In order to register, you need to share some Personal Information, such as your e-mail address. You do not have to be a registered user to browse the Website or make a purchase on the Website. If you want to use any of our interactive services, such as Ratings & Reviews services, you will need to become a registered user (if you aren't one already) and any personal information you submit will become part of your profile, as maintained by us.
• Applying for Membership in Fresh Family Rewards Program: In order to apply for and participate in our Fresh Family Rewards Program, you need to share some Personal Information, such as your name, address, telephone number, email address and your birth day and month. No purchase is necessary to be part of this program and you can sign up on the Website or in one of our retail stores. You do not need a Membership to visit the Website or to make a purchase on the Website. Once you have a Membership, you will have an account with Fresh tied to the e-mail address provided upon application. You can amend your information by (i) calling our Customer Service (see “Contact Us” section below) or (ii) signing in to Fresh.com using the e-mail address you provided upon application, going to the My Account page and following the instructions. You are responsible for maintaining the confidentiality of your account and password.
• Making a purchase: When you buy something on the Website, you have to supply your name, a billing address, phone number, shipping address, and credit card information. If you become a registered user of the Website, you can choose to store information needed to make a purchase, such as your shipping and billing addresses in the “My Account” section. You can access this section using your registration login and password.
Website Usage Information
We may use “cookies” to keep, and sometimes track, information about you. Cookies are small data files that are stored on your computer’s hard drive and can be used to collect information about where you travel on our Website and what pages you look at and items you purchase. They may store the information in your shopping cart, and/or your username and/or password. All of these purposes enable us to improve functionality and personalize your experience on our Website.
You can control how your browser handles cookies received from websites. You can choose to refuse all cookies, or to be prompted before a cookie is saved to your hard drive, or to only accept cookies from certain websites that you designate. By refusing to accept cookies from Fresh, you may not be able to use some of the features and functionality available on the Website.
For managing cookies and your choices, the configuration of each browser is different. Configuration is described in the help menu of your browser. For example, in Microsoft Internet Explorer 6.0 and above, you may block cookies by taking the following steps:
1. Go to "Tools", then "Internet Options".
2. Click on the "Privacy" tab.
3. Use the cursor to select the level you require.
You can also click on Advanced for specialized cookie treatment.
Instructions for blocking cookies in other browsers are available at http://www.allaboutcookies.org/manage-cookies/.
We may use “clear GIFs” (aka “Web beacons” or “pixel tags”) or similar technologies, in the Website and/or in our communications with you to enable us to know whether you have visited a Web page or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a Web page or in an e-mail that communicates to us whether you viewed an email that we sent you or visited a certain page on our Website. A clear GIF may enable us to relate your viewing or receipt of a Web page or message to other information about you, including your Personal Information.
IP Address and Clickstream Data
Our server automatically collects data about your server’s Internet address when you visit our Website. This information, known as an Internet Protocol address, or IP Address, is a number that’s automatically assigned to your computer by your Internet service provider whenever you’re on the Internet. When you request pages from our Website, our servers may log your IP Address and sometimes your domain name. Our server may also record the referring page that linked you to us (e.g., another website or a search engine); the pages you visit on this Website; the website you visit after this Website; the ads you see and/or click on; other information about the type of Web browser, computer, platform, related software and settings you are using; any search terms you have entered on this Website or a referral site; and other Web usage activity and data logged by our Web servers. We use this information for internal system administration, to help diagnose problems with our server, and to administer our Website. Such information may also be used to gather broad demographic information, such as country of origin and internet service provider.
Third Party Ad Servers
We may use the services of one or more third party advertising companies. If we do, these third party advertising companies may also collect information from your activities on the Website as well as other sites for the purpose of providing advertisements and other content that is customized to your interests and preferences. This means that our ads may appear on participating web sites based upon your browsing activity. To allow us to offer our customers streamlined ordering and other useful features, we may use and allow our third party advertising companies to use the technologies listed above and other similar technologies.
You may be visiting our Website from your mobile device. Certain mobile service providers uniquely identify mobile devices and we or our third-party service providers may receive such information if you access the Website through mobile devices. Some features of the Website may allow for the collection of mobile phone numbers and we may associate that phone number to mobile device identification information. Furthermore, some mobile phone service providers operate systems that pinpoint the physical location of devices that use their service. Depending on the provider, we or our third-party service providers may receive this information.
Any or all of these activities regarding the Website usage information may be performed on our behalf by our service providers.
How is the Personal Information used?
We will use the Personal Information you provide to our Website in a number of different ways, including to: respond to your requests; process your orders; to provide you with information about our product and service offerings; anonymize and/or aggregate your Personal Information by combining it with other information; analyze user behavior as a measure of interest in, and use of, our Website and e-mails, both on an individual basis and in the aggregate. We may also use your Personal Information to maintain our internal record keeping and/or share it with our affiliates for internal marketing purposes. In addition, we may send you notices (for example, in the form of e-mails, mailings, and the like), and otherwise correspond with you, about products, services, companies and events, sponsored by us and others, that we think might interest you.
You may opt out of receiving such notices from us by following the instructions in the “Your Right to Opt In and/or Opt Out” section below.
Do we share Personal Information and Website Usage information with others?
We may provide you with opportunities to receive offers from other entities including our affiliates who have services, products and offers that we think might be of interest to you. Unless you elect not to receive such offers by following the instructions in the “Your Right to Opt In and/or Opt Out” section below, we may from time to time provide your Personal Information to these entities so that they may send you these offers. If you change your mind and no longer want us to share your Personal Information with these types of third parties, follow the instructions to opt out in the “Your Right to Opt In and/or Opt Out” section below.
We may use third-party partners to help operate our Website and deliver our products and services, and may share your information with our affiliates, service providers and other third parties that provide products or services for or through this Website or for our business (such as Website or database hosting companies, address list hosting companies, credit card authorization companies, e-mail service providers, analytics companies, customer survey companies, distribution companies, fulfillment companies, and other similar service providers that use such information on our behalf). We may combine information that you give us with other personally identifiable information from third-party sources to make our marketing efforts more efficient, including updating delivery and address information, which we use to correct our records.
We may disclose statistics, in the form of aggregate data, to third parties. This aggregate data may contain information regarding user behavior as a measure of interest in, and use of, our Website and emails such as overall patterns or demographic reports. The aggregate data will not describe or identify any individual user.
Legally Compelled Disclosures
We may disclose user information to government authorities, and to other third parties when compelled to do so by government authorities or otherwise as required or permitted by law, including but not limited to in response to court orders and subpoenas. We also may disclose user information when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the Website, or anyone else that could be harmed by such activities. Additionally, we cooperate with law enforcement inquiries and other third parties to enforce laws, intellectual property rights and other rights.
In the event that Fresh is acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, or if Fresh sells or otherwise transfer our assets or operations, Personal Information may be one of the transferred assets.
"Wish List" functionality
You can send your Wish List to your friends. You will be asked to complete the following fields: names and email address. We will also ask you to provide the name and email address of your friend, to enable us to send them the information. We only collect this data for the purpose of sending your email. Recipient data is not saved or recorded.
While Fresh will take reasonable precautions to protect the security and integrity of Personal Information provided to this Website, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. No security measures are perfect or impenetrable. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different websites, and using up to date antivirus software. We maintain various physical, electronic and procedural safeguards to protect your personal information. For example:
• We use industry-standard Secure Sockets Layer ("SSL") authentication for online transactions made on our site. SSL authentication and encryption of the information that you send to us over the Internet helps protect your online transaction information from third party interception.
• We never display your full credit card number once it has been entered. We will only reveal the last four digits of your credit card for verification purposes.
• For additional security, we do not store your credit card number after processing your payment.
We urge you to protect your own privacy. We recommend that you do not share your password with anyone or share your password in an unsolicited phone call or e-mail.
Unfortunately, despite all of our efforts, there is always a risk that third parties may unlawfully intercept transmissions. This reality is true of all Internet use. As a result, we cannot ensure the security of any information you transmit, and you transmit all information at your own risk.
If you contact us by e-mail or a “contact us” or similar feature on our Website, you should be aware that your transmission might not be secure. A third party could view information you send by these methods in transit.
If you choose to become a registered user or apply for a Membership, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Website by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify Fresh of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your responsibility to control the dissemination and use of your password, control access to and use of your account, and notify Fresh when you desire to cancel your account on this Website. We are not responsible or liable for any loss or damage arising from your failure to comply with this provision.
We will not be liable for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.
In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, and to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification.
Public and Interactive Areas of Our Website; Ratings & Reviews
California Do Not Track Disclosure
Do Not Track is a privacy preference that users can set in some of their web browsers. This Website does not currently respond to Do Not Track signals, but we may do so in the future. For more information about Do Not Track, please go to http://www.allaboutdnt.com. Third parties may collect personally identifiable information about your online activities over time and across different websites when you use our Website.
Consent to Processing
By providing Personal Information to this Website, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories.
Your Right to Opt In and/or Opt Out
You may have the right to “opt in” and/or “opt out” of certain of our uses of your Personal Information. For example, at the time you are requested to provide Personal Information on this Website, you may have the opportunity to elect to, or not to: (1) receive promotional correspondence from us, or (2) have your Personal Information shared with other entities for their marketing purposes. You may also edit your preferences by visiting the “My Account” Web page, e-mailing us at firstname.lastname@example.org or calling our Customer Service (see “Contact Us” section below).
Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us. Also, a request to have us stop sharing your Personal Information with other entities for marketing purposes will only apply as of the date of your request, and we will not be responsible for any communications that you may receive from entities that received your Personal Information prior to such request. In these cases, please contact that entity directly.
Links to Third-Party Websites
If you have any questions or comments regarding our privacy practices, you may contact us at email@example.com or call our Customer Service at 1 800 FRESH20 ( 1800 373 7420).
Effective Date: May 2014