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This Policy includes the following topics:
- Scope of This Policy
- Data we Collect
- Use of Your Data
- Sharing Your Data
- Safeguarding and Protecting Your Data
- Public and Interactive Areas of Our Website; Ratings & Reviews
- Consumer Rights and Preferences
- Protection of Children’s Privacy
- Linked Sites
- Modifications and Updates to This Policy
- Retention of Your Data
- Questions or Concerns (Contact Us)
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.
This Policy also does not apply to public and interactive areas of our website, such as the Ratings and Review section. 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:
- Sign up for e-mail, in which case you will need to share your e-mail address. You do not have to sign up for e-mail to browse the Website and make purchases.
- Become a registered user of our Website, in which case we will need your name and e-mail address. You do not have to be a registered user to browse the Website or make a purchase on the Website.
- Provide feedback through Ratings & Reviewsu>, in which case 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 which case we will need 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.
- Make a purchase, in which case we will need your name, a billing address, phone number, shipping address, and credit card information.
- Entering sweepstakes, contests, promotions and surveys, in which case we will need information relative to the program, including your name and contact details: We may also ask you for some demographic information, such as your age, as part of the qualifications to participate (since these programs are not available for children under the age of 13.)
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
- 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 of our products and services
In the context of your application for a job, we use your data to manage and monitor your application.
Sharing Your Data
We may share some of your data with third-party partners who assist us, such as those who help operate our Website, process payments, or help us deliver 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. You always have 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.
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 “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.
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.
Safeguarding and Protecting Your Data
We have adopted appropriate technical and organizational measures that are designed to protect your data against loss, misuse, alteration, destruction or unauthorized access. These measures apply to your data in all locations, and are also required by our partners and group companies.
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 agree to 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
Consumer Rights and Preferences
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, emailing us, 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.
Individual Rights – Including Do Not Sell My Data
In accordance with 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 state, and Fresh has adopted practices to allow U.S. residents to exercise their rights based on the requirements of their state. (For non-U.S. residents, please note that many countries also offer similar rights, and Fresh upholds those rights by country too. For additional information, please review our website policies for specific regions.)
Rights of Residents in Certain Regions
The privacy laws differ from one location to another, and Fresh has put practices and measures in place to address those variations.
Please see our privacy policies for other countries for more information on our data protection practices outside of the U.S.
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, 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 sold as defined in the CCPA, can request that we add their name 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. 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.
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 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, and indicate “Do Not Sell My Data” in the header of your email.
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 to 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.
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:
- Go to "Tools", then "Internet Options".
- Click on the "Privacy" tab.
- 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.
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.
Modifications and Updates to This Policy
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 1-800-373-7420, or by sending an email to email@example.com. You may also contact us via the contact points available on this Website. To exercise your Do Not Sell My Data rights (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 December 2019. All rights reserved.