Privacy Policy

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.

Session-Replay Technologies

We use third party services provided by ContentSquare and Dynamic Yield that employ software code to record users’ interactions with this Website in a manner that allows us to watch DVR-like replays of those user sessions. The replays may include users’ clicks, mouse movements, scrolls, and keystrokes/key touches during those sessions. These replays can help us better engage with and market to you, and also may help us to diagnose usability problems and identify areas for improvement of our Website. You can learn more about the services we use for this type of session recording at https://contentsquare.com/privacy-policy/ and https://www.dynamicyield.com/privacy-policy/ and opt out, respectively, at https://contentsquare.com/privacy-center/data-subject-request-portal/  or by emailing your request to privacy@dynamicyield.com.

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.

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.

The California “Shine the Light” law gives residents of California the right under certain circumstances to request information about whether we disclose certain categories of personally identifiable information (as defined in the Shine the Light law) with third parties for their direct marketing purposes.  We do not share that type of information with third parties for those purposes. 

We may offer opportunities to receive certain benefits, such as discounts or free items, in exchange for you provision of personal information, or rights to use personal information (such as for marketing programs).  Such opportunities may be considered a financial incentive under applicable law (each, an “Incentive Program”).  When you participate in an Incentive Program, you agree to the terms of that Incentive Program, and you may revoke your participation depending on the Incentive Program (e.g., by opting out of emails or terminating a loyalty program, if applicable).  To the extent we can determine the value of your information, we generally consider the value of providing you with the benefits of the Incentive Program(s), such as keeping you apprised of our products, discounts, and potentially personalizing our offers to you (each of which we believe create more loyal customers of Fresh), as weighed against the costs, such as the expenses we incur by providing the discounts and the value of the discounts themselves, i.e., as compared to the full price value we might have otherwise received.  We often cannot reach a precise determination of such comparative values – we do not know, for instance, whether consumers would have made a purchase absent a discount, or the extent to which receiving reminders of our products and offers leads to new sales, or the extent to which a consumer making a discounted purchase is more or likely to remain a loyal customer than a consumer making a non-discounted purchase.  But we generally seek to account for those factors, as well as certain general assumptions about consumer behavior – for instance, that a very slight discount may not affect consumer behavior whereas a deeper discount may. . In doing so, our objective is to ensure that the benefits in savings to our consumers are reasonably related to the value to us in having those consumers as our loyal customers. 

This California Privacy Notice (“Notice”) gives California residents the additional information about our information collection and use practices required by the California Consumer Privacy Act of 2018 (“CCPA”), as amended by the California Privacy Rights Act of 2020. If we use a term that is capitalized in this Notice and we don’t define it herein, you can find the definition for the term within this Privacy Policy.  The CCPA also provides California residents with certain (conditional) rights to opt-out of the sale of, or delete, their personal information, and to learn what personal information we have collected from or about them. 

Several other states (i.e., in addition to California) have similar privacy laws, and provide their residents with similar rights:  those laws will go into effect on various dates during 2023.  

In accordance with those laws, this Notice provides information about the categories of personal information that we collect, the purposes for which we use the information, the categories of third parties to whom we disclose the information for business purposes, our “sales” and “sharing” of information, and retention practices.

The personal information we collect and disclose, and why

The personal information that we “sell” or “share,” and why

As explained in the “Sharing your Data” section in our Privacy Policy, we sometimes disclose personal information to third-party advertising providers for targeted advertising purposes, so that we can provide you with more relevant and tailored ads regarding our Services, or use analytics partners to assist us in analyzing use of our services and our user/customer base. The disclosure of your personal information to these third parties to assist us in providing these services may be considered a “sale” of personal information under the CCPA, or the “sharing” of your personal information for purposes of “cross-context behavioral advertising.”

The following chart lists the categories of personal information we have sold or shared over the last 12 months and the categories of third parties to which we have sold or shared:

We do not knowingly collect or sell the personal information of minors under 16 years of age.
The rights that you may have to control and access your information
California and certain other states provide their residents with certain rights with regarding to their personal information.  This may include the right to “opt out” of the sale of their personal information, and to access, delete or correct their personal information.  We describe each, below.
a.    Access and Deletion Rights
In certain states (including California) you may have a right to “access” or “know” about the specific information we hold about you, such as to deliver our Services.    If you would like to request access to your personal information, or to categories of personal information we have collected about you (in the prior 12 months), or to delete the personal information we have collected from you, you may do so by contacting us toll-free at 1-800-FRESH20 or email us at privacy@fresh.com.
 
For security purposes (and as may be required under certain privacy laws), we will verify your identity – in part by requesting certain information from you — when you request to exercise these privacy rights.  For instance, if you request categories or specific pieces of personal information we have received about you, you may need to confirm your possession of an identifier (such as an email address) or to provide a piece of identification that confirms you are the person you claim to be.  In the event of a deletion request, please note that we may retain your information for certain important purposes as permitted by law, including for purposes of legal compliance. 

b.    Opt-Out, “Do Not Share” and “Do Not Sell” Rights
Consumers in certain states may by statute opt out of the “sale” of their personal information.  (This is required in some states, but we endeavor to extend this right to all consumers.)   Those laws may broadly defines “sale” in a way that may include allowing third parties, such as advertisers, advertising networks,  to receive certain information such as cookies, IP address, device identifiers or other hashed identifiers, interests, browsing behavior and/or other activity to add to a profile about your device, browser, or you. 
We engage in certain online advertising and analytics that may be considered a “sale” or a “share” or “targeted advertising” in various states.  To opt out of this type of sale, please [click here – link to CMP/Your Privacy Choices ].] and follow the instructions on that web page.

In addition, your browser may also offer a Global Privacy Control signal (“GPC”).  Our Websites each treat a GPC-enabled browser as having elected to exercise the opt-out choices described immediately above with respect to “sales” and “sharing” for targeted advertising purposes that occur through the use of cookies and similar technology on that browser. You can override that treatment for a GPC-enabled browser by using the cookie controls available from the Website’s footer.  

c.    Correction Rights
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.  You may update or correct inaccurate personal information by calling our customer service department at 1-800-FRESH20 or emailing us at privacy@fresh.com.

d. Authorized Agents
You may also designate an agent to make requests to exercise the rights described above.  As appropriate (such as with “access” or “deletion” requests, we will take steps both to verify the identity of the person seeking to exercise their rights as listed above, and to verify that your agent has been authorized to make a request on your behalf through providing us with a signed written authorization or (if required by law) a copy of a power of attorney.  

e.    Sensitive Personal Information
The CCPA provides consumers with the "right to limit" the use of their "sensitive personal information" (as defined in the CCPA) to certain business purposes.  We may sometimes acquire certain “sensitive” information, such as regarding your race and/or ethnicity, in the course of marketing to you or providing product recommendations.  We also may at times request such information from you, on a voluntary basis.  You may limit our use (and sharing) of this information by emailing privacy@fresh.com.
f. Retention
Fresh will retain your personal information for as long as necessary to fulfill the purposes described above, unless a longer retention is required or permitted by law. Fresh may delete or de-identify your information sooner if we receive a verifiable deletion request that complies with law, subject to exemptions under applicable law. The retention period that applies to your information may vary depending on how you use and interact with the Website.  Fresh may retain cached or archived copies of your information.  
g. Right to “appeal”
In the event that you believe we have improperly denied a consumer request you have made, e.g., a request to delete, be “opted out” of sales, or to access certain information, you may “appeal” by writing to us at legal@fresh.com. 
 

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.

Fresh retains personal information in accordance with applicable legal obligations and business needs; we delete it when we no longer have a business or marketing purpose for it (or if you ask us to delete it). We then take steps to remove your identifiable data from our files and ensure that it is securely destroyed.

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 1-800-373-7420, 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.

Last updated on [January 03, 2024].