Privacy Policy

 

Fresh.com (the “Website”) is published and maintained by Fresh, Inc., with offices located at 19 East 57th Street, New York, NY (“Fresh”, the “COMPANY,” “We,” “Us”).

This privacy policy (“Privacy Policy”) describes our policies regarding the collection, use and disclosure of information on or through the Website. By visiting this Website, and/or using the services offered on or through this Website, you agree to the terms of this Privacy Policy as they may be amended from time to time.  As We update and expand our services, this Privacy Policy may change, so check back to this page from time to time.  This Privacy Policy is incorporated into, and part of, the Website Terms and Conditions, which governs your use of this Website.

This Privacy Policy only applies to Personal Information (as defined below) that we collect through this Website and your online interactions with Us via email, online forms, or other online communications.  This Privacy Policy does not apply to information that you may provide to Us, or that we may obtain, other than through this Website, such as in person at one of our stores, by phone, through postal mail or through other live and print media.

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 “Right to Opt In and 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.  This Policy covers any Personal Information that Fresh may collect from you when you use our services or features on the Website or when you visit our retail stores.  “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.

Signing up for our birthday gift program: In order to participate in our birthday gift 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.

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.  By making a purchase, 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.

Entering a sweepstake or contest: You may be asked to provide Personal Information in order to enter a sweepstakes or contest, or answer a survey, on the Website.  If you enter a sweepstakes or contest, or answer a survey, you will become a registered user (if you aren't one already). We may also ask you for some demographic information, such as your age. If you choose not to answer, you probably will not be able to participate in the sweepstakes, contest or survey.

Website Usage Information

Cookies

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 you look at and purchase.  They may store the information in your shopping cart, and/or your username and/or password.  All of these purposes serve to improve 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.

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 Us.  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.

Any or all of these activities with regard to Website usage information may be performed on our behalf by our services providers.

How is the Personal Information used?

We will use the Personal Information you provide to our Website, for example, to respond to your requests, process your orders, and to provide you with our product and service offerings.  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 Right to Opt In and Opt Out section below.

We may 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.
Do we share Personal Information and Website Usage information with others?

Third-Party Offers

We may provide visitors an opportunity 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 Right to Opt In and 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 Right to Opt In and Opt Out section below.

Service Providers

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, e-mail service providers, analytics companies, distribution companies, fulfillment companies, and other similar service providers that use such information on our behalf).

Aggregate Statistics

We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, our 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.

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.

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, Personal Information may be one of the transferred assets.

Security

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.  We maintain 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.
Your credit card information is never used except to issue refunds and charges for orders placed on our For your own safety, please don't ever use email to send us your credit card information!
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, 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, We would endeavor to do so as promptly as possible under the circumstances, 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.

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.

Right to Opt In and Opt Out

You may have the right to “opt in” and “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 make this request by visiting the “Your Account” Web page.

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.

Changes to this Privacy Policy

Fresh reserves the right to change or update this Privacy Policy, or any other of our policies or practices, at any time, and will notify users of this Website by posting such changed or updated Privacy Policy on this page.  Any changes or updates will be effective immediately upon posting to this Website.  Under certain circumstances, We may also elect to notify you of changes or updates to our Privacy Policy by other means, such as posting a notice on the front page of our Website or by sending you an e-mail.

Contact Us

If you have any questions or comments regarding our privacy practices, you may contact us at inquiries@fresh.com.

Effective Date: August 2008