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Last Updated: June 2022
Fresh.com (the “Website”) is published and maintained by Fresh, Inc., a specialty skincare and fragrance company with its headquarters located at 19 East 57th Street, New York, NY (“Fresh,” “we” or “us”). This Website Privacy Policy (“Policy”) is intended to inform you about the personal information we collect and process along with your rights and the choices that you have in relation to your data.
This Policy includes the following topics:
Scope of This Policy
This Policy applies to information collected by or on behalf of Fresh through this Website, and through our Fresh Family Rewards Program (the “Membership”) available at our retail store locations. (You can find a list of our stores on our Website.) The Policy also applies to various other programs that we make available online or through email or in our stores, to the extent that those programs reference this Policy.
This Policy does not apply to other situations where we might interact with you, such as through Facebook, Instagram, Twitter, other social media sites or third-party sites. Please be sure to view the privacy policies of those third-party websites for information about how those sites collect, use and share your data.
Please see the Public and Interactive Areas of Our Website; Ratings & Reviews section for more information about public postings that you may make.
Data We Collect
We like to keep things simple. You may browse our website without providing any identifiable data about yourself. (Please see our Cookies information for non-identifiable data that we collect from website visitors, and your ability to set your browser to reject Cookies, if you want.)
The personal information we collect depends upon the touchpoint of our interaction, and is also limited to that which is relevant and appropriate for the interaction and purpose of the collection. For example, you may:
We (or our service providers) also collect or receive data passively when you interact with our website(s) or an advertisement that we send; we describe this information in the section below titled “Use of Cookies and Similar Technologies.”
Use of Your Data
As part of our relationship and depending on the context in which your data is collected, we use your data for:
Management of your orders
Management of the personalized content and communications with you, including marketing and promotional communications
Management of your profile (if you register or become a member)
Management of your requests
Management of your application for a job
Management of our website
Evaluation of feedback from customers and other individuals
Improvement and development of our products and services, including our website(s)
Analysis of how you interact with our website(s) and services, including how you make transactions.
In the context of your application for a job, we use your data to manage and monitor your application.
“Cross-Channel” Marketing We May Do: Sometimes, we combine information that you’ve provided to us with other information, in order to market to and communicate with you in different ways – for instance, through email, online media and direct mail.
For instance, we may combine any of the information that we collect or receive from you for any of the above purposes, and one of the reasons we may combine your information (such as email addresses, cookie identifiers, or other information) is to reach you with ads and communications across different communication methods. Thus, when you visit our website, log in, register or open an email, cookies, ad beacons and similar technologies may be used by us (or our service providers) to send you ads or communications through (for instance) online display media, email or direct mail (or even “smart-TV” communications). These ads and communications may also be triggered when a service provider we have engaged automatically collects personal information you have shared with this website through a “web form,” prior to your pressing a “submit” or similar button; such data collection may thus trigger marketing messages in a personally identifiable manner.
Similarly, when you visit or log in to our website, we or a data partner we work with may associate your website activity with an online identifier (such as through cookies and technologies described in Section 8 below), linked to deidentified information such as hashed (non-readable) email addresses. We or our partners may use these identifiers to tailor ads to you based on your demographic or interest-based data, when you visit other websites or use other devices, such as mobile or cable devices.
You may opt out of receiving the above types of advertising, and learn more about companies that engage in various types of targeted and retargeted advertising, by visiting the DAA’s opt out page at http://www.aboutads.info/choices.
Sharing Your Data
Service Providers
We may share some of your data with third-party partners who assist us, such as those who help operate our Website, process payments, provide tech or customer support, or services related to hosting, advertising, data hygiene and enhancement, and security, or otherwise help us deliver or evaluate our products and services. In addition, we may also share some of your information with our affiliates so that they can also offer you products and services that may be of interest to you. We will generally provide you with the right to opt-out of the use of your data for marketing-related purposes, and can do that by calling our customer service department, emailing us, or using another contact method through this website, as further described in Section 7, below.
Third Party Offers
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 “Consumer Rights and Preferences” ” 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 “Consumer Rights and Preferences” “Your Right to Opt-In and/or Opt-Out” section below.
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.
Business Transfer
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, and may also be shared in the course of due diligence related to any such event.
“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.
Safeguarding and Protecting Your Data
We have adopted technical and organizational measures that are designed to protect your data against loss, misuse, alteration, destruction or unauthorized access. However, no measures can ever be 100 percent foolproof in securing data online, so we cannot (and do not) guarantee that any information you provide to us will be secured in all circumstances, from all online threats.
If you choose to register on our website or apply for Membership, we require you to set up a user name and password. As with any logon credentials, we strongly encourage you to maintain your information securely, choose complex passwords that are not easy to identify, and log out of the Website after each session. You are responsible for maintaining the confidentiality of your account password, and should notify Fresh of any unauthorized use of your password or account or any other breach of security.
Public and Interactive Areas of Our Website; Ratings & Reviews
We may from time to time provide interactive services on our Website such as, Ratings & Reviews, blogs, chat rooms, bulletin boards and discussion groups. Personal Information that you post on or through the public areas of the Website are generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. You should not provide Personal Information about yourself in public or interactive areas of the Website. Personal Information posted to those areas is not covered under this Privacy Policy. For additional terms of using any of our interactive services, please see our Terms of Use available through our Website.
Opt-Outs
As noted above, if you sign up for one of our programs or services, you always have the right to change your mind and opt-out of a particular program or request that we no longer use your data for marketing-related purposes. You may do that by calling our customer service department at +1 (833) 858-1115, emailing us at inquiries@fresh.com, or using another contact method through this Website. Please note that the opt-out does not encompass any necessary ongoing uses of the data, such as sending you an email confirmation pertaining to products that you have ordered, processing any returns, answering questions, or fulfilling regulatory or compliance matters.
In addition, you may opt out of interest-based advertising (sometimes called “personalized advertising”), which we or our service providers may engage in, by visiting the industry opt-out pages available at https://www.networkadvertising.org/ (operated by the NAI) and https://optout.aboutads.info/ (operated by the DAA) or https://youradchoices.ca/en/tools (operated by the DAA – Canada). Those opt-out methods are generally cookie-based, so if you delete your cookies (or use another browser), you will need to opt out again.
Accessing, correcting or deleting your personal information
If you are a Canadian resident, then, subject to applicable law, you have the right to access, update and correct inaccuracies in your personal information in our custody or control. You may request access, updating and corrections of inaccuracies in your personal information in our custody or control by emailing or writing to us at the contact information set out below. We may request certain personal information for the purpose of verifying the identity of the individual seeking access to his or her personal information records.
You may also request that we delete your personal information for certain purposes – for instance, to send email or other marketing to you. (But we also may have the obligation to retain your personal information for certain legal purposes, such as accounting, compliance, auditing or security related purposes.)
You may access and update your personal account information in your account settings: log in to your account and click on “My Account.” You may see information in that If you wish to make a request in relation to personal information we maintain and process about you, please contact
us at +1 (833) 858-1115, or at inquiries@fresh.com.
Individual Rights – Including Do Not Sell My Data
Where required by applicable laws and requirements, Fresh has put in place measures to fulfill the rights of customers and other individuals in relation to the personal information that we (or third parties with whom we work) hold about them. These rights differ by country, and may differ by province or by state. Please see our privacy policies for other countries for more information on our data practices and your rights in those jurisdictions.
California Residents
While this Privacy Policy is directed to Canadian residents, we provide the following information to you in the event you are reading this Privacy Policy and are a resident of California.
Fresh complies with the California Consumer Privacy Act of 2018 (CCPA). We do not ‘sell’ the personal information of California residents or those of other states as that term is defined in the CCPA. As an added assurance, however, we have set up an internal process so that customers and other individuals from any state in the U.S. who want to ensure that their data is not in the future (i.e., should we change our policy regarding data sales) sold as defined in the CCPA, can request that we add their name and contact information to a “Do Not Sell My Data List”. To be added to that list, please email us at privacy@Fresh.com, and indicate “Do Not Sell My Data” in the header of your email. please include the following information: first and last name, shipping address (if you have provided it to us), and email address(es). California residents can also click here to see our CCPA Privacy Notice, which includes information on how to exercise your rights. As described in that Notice, there are verification requirements relating to the exercise of those rights.
Nevada Residents
In Nevada, residents have the right to request that organizations not sell their data, as that term is defined under the Nevada consumer privacy law (Section 630A of the Nevada Revised Statutes, or SB 220). Fresh does not sell the data of Nevada or other individuals, as defined under that law. In addition, we have set up an internal process so that customers and other individuals from any state in the U.S. who want to ensure that their data is not in the future (i.e., should we change our policy regarding data sales) sold as defined in that law, can request that we add their name to a “Do Not Sell My Data List”. To be added to the list, please email us at privacy@Fresh.com, indicate “Do Not Sell My Data” in the header of your email, and provide us with: your first and last name, shipping address (if you have provided it to us), and email address(es).
Updating Your Data
We encourage individuals who have entrusted their data to us to keep it current (such as if you change your email address, address or phone number), so that we have your correct information on file. We also encourage consumers to update their preferences with us (such as in relation to products and the frequency of contacts) so that we can personalize our service to your expectations and needs.
Protection of Children’s Privacy
Fresh has adopted practices that are designed to ensure that we do not collect or maintain any information from children under the age of 13. If we learn that we mistakenly collected any information from anyone under the age of 13, we will purge it immediately, except for responding to a question or inquiry on a one-time basis from the individual or his/her parent or legal guardian.
Use of Cookies and Similar Technologies
As also described above, we (and our service providers) may use cookies and similar technologies for a wide variety of purposes when you visit our website, use our services, or view our ads or emails. These cookies help us to understand how our customers and prospective customers use our website, interact with our website and our ads, operate our services and technology, and to deliver marketing and advertising in a more relevant and efficient manner. We describe cookies and similar technologies below. If you wish to “opt out” of the use of cookies for certain marketing purposes, please see the instructions in Section 7, above.
Cookies
We (and our service partners) 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. For instance, 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.
Instructions for blocking cookies in various browsers are available at: http://www.allaboutcookies.org/manage-cookies/
Clear GIFs
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.
Analytics
We may use Google Analytics to collect information about use of this Website. Google Analytics collects information such as how often you visit this Website, what pages you visit when you do so, and what other websites you used prior to coming to this Website. Google Analytics collects the IP address assigned to you on the date you visit this Website, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a cookie on your web browser to identify you as a unique user the next time you visit this Website, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Use and the Google Privacy Policy, and we encourage you to read those Terms of Use and Privacy Policy. We reserve the right to use other analytical tools similar to Google Analytics to collect the same types of information described above. You can prevent Google Analytics or other analytical tools from recognizing you on return visits to this Website by disabling cookies on your browser (see the “Cookies” section above).
Mobile Devices
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. Like other websites, Fresh collects limited, non-identifiable information online through “cookies”, which (as also is described above) are pieces of information stored directly on the computer you are using. Cookies can contain a variety of information, such as a simple count of how often you visit our site or information that allows customization of our site for your use. We also use cookies to process purchases, display information more effectively to you and to gather data about the usage of our site. You can always set your browser to refuse all cookies or to warn you when a cookie is sent to your computer. This will provide you with more control over the acceptance of cookies on your computer. However, it is possible that some portions of our Website will not function properly or may perform more slowly if you choose to reject cookies.
Cookies do not harm your computer in any way, and you can find more information about cookies at: www.allaboutcookies.org. You can also learn about Cookies and setting your preferences in relation to them by reviewing our Fresh.com Cookies Notice which is linked here.
Linked Sites
Our Website may contain links to other websites that are not owned or operated by Fresh. We strongly encourage you to review the privacy policies and practices of other websites, as we cannot control and are not responsible for privacy policies or practices of third-party websites that are not ours.
Modifications and Updates to This Policy
If we decide to change this Privacy Policy, we will make the updated version available on our Website and possibly through other contact points, so individuals are aware of the changes. Fresh will always use information in accordance with the privacy policy under which the information was collected. If at any point we propose to use personal information in a manner different from that stated at the time it was collected, we will notify the individuals in advance of doing so. You always have a choice as to whether or not we are permitted to use your information in a different manner.
Retention of Your Data
Fresh retains personal information in accordance with applicable legal obligations and business needs. We then take steps to remove your identifiable data from our files and ensure that it is securely destroyed.
Questions or Concerns (Contact Us)
If you have any questions or concerns about how we process and use your personal information, or if you would like to exercise any of your rights, please contact us by calling our Customer Department at +1 (833) 858-1115, or by sending an email to privacy@fresh.com. You may also contact us via the contact points available on this Website. To exercise your Do Not Sell My Data rights as we have described them above, (and to avoid re-routing for those requests if you use the other contact points), please email us at privacy@Fresh.com, and include “Do Not Sell My Data” in the header.
Copyright Fresh June 2022. All rights reserved.