Privacy Policy

Fresh Brothers Privacy Policy

Effective Date: August 31, 2022

Fresh Brothers (“Fresh Brothers” “us”, “we”, or “our”) takes your privacy seriously and complies with applicable law and regulations regarding your Personal Information. This Privacy Policy applies to information collected through www.freshbrothers.com, our mobile apps, messaging services, our social media accounts or other third-party platforms (collectively, our “Sites”) as well as information collected in-store or in-person by Fresh Brothers (collectively, our “Services”). California Consumers can find California specific disclosures near the end of the Privacy Policy.

The purpose of this Privacy Policy is to inform you of our policies regarding the collection, use, and disclosure of your Personal Information when you use the Sites and/or Services and the choices you have associated with that information.

By using the Sites and/or Services you agree to the collection and use of your Personal Information in accordance with this Privacy Policy and to be bound by our Terms and Conditions.

This Privacy Policy contains the following sections:

  1. Information Collection and Use
  2. How Your Information Is Shared
  3. Loyalty Program and Other Financial Incentives
  4. Transfer of Data
  5. How Your Information Is Stored and Protected
  6. Opt-Out Preference Signals
  7. Control Your Information
  8. Links to Other Sites
  9. Children’s Privacy
  10. California Consumers - Notice and Disclosures
  11. Changes to This Privacy Policy
  12. Contact Us

INFORMATION COLLECTION AND USE

We use your Personal Information for the purposes disclosed in this Privacy Policy. Personal Information means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. This includes information about you as a person (such as name, address, and date of birth), your devices, payment details, and even information about how you use a website or online service. Personal information does not include publicly available information or lawfully obtained, truthful information that is a matter of public concern. We do not collect Personal Information or use Personal Information collected for purposes that are incompatible with these purposes without providing you with notice.

Fresh Brothers uses the collected data to:

  • provide and maintain our Sites and Services
  • notify you about changes to our Sites and Services
  • allow you to participate in interactive features of our Sites and Services when you choose to do so
  • provide customer support
  • gather analysis or valuable information so that we can improve our Sites and Services
  • monitor the usage of our Sites and Services
  • detect, prevent, and address technical issues
  • comply with legal obligations
  • provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or inquired about unless you have opted not to receive such information

Types of Data Collected

Information Provided By You

While using the Sites and/or Services, we may ask you to provide us with certain Personal Information that can be used to contact or identify you. This information includes but is not limited to the following and other similar information:

  • Email address
  • First name and last name
  • Phone number
  • Address
  • Birthdate
  • Transaction information

We may use this information to carry out a service you requested. This information may also be used to contact you with newsletters, marketing, or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send, by emailing us [email protected], or by contacting us using the contact information provided at the end of this Privacy Policy.

Automatically Collected Information

We also collect information when you use the Sites and/or Services relating to your browser, network, device, and other similar information. This information is collected to ensure you have a consistent experience when using our Sites and/or Services, to ensure our content is displayed properly, and to improve the overall quality of our Sites and/or Services. When serving ads, this information is also used to ensure advertisements are properly displayed to you. Data collected related to your browser, network, and device information, includes but is not limited to the following and other similar information:

  • Device ID
  • Device Type
  • Operating System
  • Browser Type
  • Browser version
  • Network Type
  • IP Address
  • Visit Frequency and Recency
  • Geolocation Data

While this information alone may not personally identify you, in certain instances it can and may be combined with other data to personally identify you.

Geolocation Data

When you visit the Sites, we use and store information about your location in order to provide, improve, and customize our Services. We do not use precise geo-location data unless you specifically opt-in.

You can enable or disable location services when you use our Sites at any time through your device settings.

Information Collected Through Other Sources

We may also collect or receive Personal Information about you from our service providers or vendors, or from publicly available sources.

HOW YOUR INFORMATION IS SHARED

Generally

We share your Personal Information as necessary to provide the Sites and/or Services, and for the purposes set forth in this Privacy Policy. We may also share your Personal Information and other information we have collected about you in accordance with this Privacy Policy with trusted third parties to allow third parties to deliver advertising, marketing, or other content through the Sites to provide you with related offers or to provide services on our behalf. We may also share de-identified and aggregate data for marketing purposes.

Trusted Third-Party Service Providers

We employ trusted third-party companies and individuals in compliance with applicable law to facilitate our Sites and Services (“Service Providers”), to provide the Sites and/or Services on our behalf, to perform Site-related services, or for marketing or analytics purposes.

These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Messaging

We use a Service Provider for our messaging services. Messaging is only offered on an opt-in basis. You may opt-out at any time by sending a text to 83584 or by responding to any of our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT, or you can email us at [email protected] For more information, please see our Terms.

Analytics

We use Google Analytics to monitor and analyze the use of applicable Sites. Google Analytics is a web analytics website offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of the Sites. This data is shared with other Google websites. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity available to Google Analytics by installing the Google Analytics opt-out browser add-on. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/

Payments

We use third-party service providers for payment processing (e.g. payment processors).

Payment card details are provided by you directly to our third-party payment processors whose use of your Personal Information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

Tracking & Cookies

When you visit the Site and/or use the Services we and our Service Providers use cookies and other tracking technologies like web beacons and pixel tags to collect information related to your use of Site and/or Services.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent However, if you do not accept cookies, you may not be able to use some portions of the Sites and our Services. Web beacons and pixel tags are small pixel graphics that contain code to track user behavior. Web beacons and pixel tags are usually transparent and hidden. They help us understand your journey throughout the website, help measure campaign effectiveness, email open rates, and click throughs.

We use the following cookies:

  • Essential cookies that help the website remain usable for most users.
  • Analytics cookies allow us to see how visitors use the site.
  • Targeting cookies that allow advertising services to deliver more relevant advertising.
  • Third party cookies that allow services like Google and Facebook to track user behavior.

FINANCIAL INCENTIVES

From time to time, we may offer discounts to you if you sign up to receive email or SMS text message communications from us regarding promotional marketing material regarding our Sites and Services. This incentive would require your disclosure of personal identifiers, including but not limited to your email address and/or telephone number. The terms of the discount will be prominently displayed at your time of sign up.

You may opt-out of financial incentives or receiving communications from us at any time by calling us toll free at (310) 642-0533, or by emailing us at [email protected] To opt-out of email correspondence you may also click the “unsubscribe” link at the bottom of the email. To opt of out SMS messaging you may also text STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to 83584.

Some discounts are only available to first-time subscribers, in those cases you may opt-in to receive communication from us, but you will not be eligible to receive the discount.

In general, we take into consideration the following when determining how the price or service difference is reasonably related to the value of your data:

  • the expense of the offer;
  • the value of the offer;
  • a good faith estimate of the value of the information collected to Fresh Brothers and projected revenue.

Business Transactions

If we are involved in a merger, acquisition or asset sale, your Personal Information may be transferred. We will provide notice before your Personal Information is transferred and becomes subject to a different Privacy Policy.

Legal Requirements

Fresh Brothers may disclose your Personal Information in the good faith belief that such action is necessary to:

  • To comply with a legal obligation or in response to valid requests by public authorities (e.g. a court or a government agency)
  • To protect and defend the rights or property of Fresh Brothers
  • To prevent or investigate possible wrongdoing in connection with the Sites or Services
  • To protect the personal safety of users of the Sites or Services or the public
  • To protect against legal liability

TRANSFER OF DATA

Your Personal Information may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

The Personal Information we collect is stored and/or processed in the United States, or where we or our partners, affiliates, and third-party providers maintain facilities.

The countries to which we store, process, or transfer your Personal Information may not have the same data protection laws as the country in which you initially provided the information. If we transfer your Personal Information to third parties in other countries: (i) we will perform those transfers in accordance with the requirements of applicable law; and (ii) we will protect the transferred Personal Information in accordance with this privacy policy

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

How Your Information Is Stored and Protected

Retention of Data

Fresh Brothers will retain your Personal Information or Sensitive Personal Information only for as long as is reasonably necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information and Sensitive Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies, and for internal analysis purposes.

Security of Data

The security of your data is important to us but remember that no method of transmission over the internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, like using a secured connection through encrypted https protocol, we cannot guarantee its absolute security. We implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect your Personal Information from unauthorized access, destruction, use, modification, or disclosure.

Opt-Out Preference Signals

We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Controlling Your Information

If you have an account with us, you can adjust and update your settings or information by logging into your account online. To make any other changes to your information, or if you do not have an account, you may contact us at [email protected] to update, delete, or correct your information, or as otherwise provided in this Privacy Policy, subject to applicable law.

Links to other sites

Our Sites may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Children’s Privacy

Fresh Brothers does not knowingly collect information directly from children under 16 years of age. Our Sites and Services are not intended for anyone under 16 years of age. Children under 16 years of age are prohibited to provide any Personal Information to the Site and Services. If we learn that the information of someone under 16 years of age has been collected without parental consent, we will take steps to remove that information from our servers.

If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us by emailing us at [email protected] or by using the information at the end of the page.

California Consumers – Notice and Disclosures

Your Rights Regarding Your Information

If you are California Consumer, as defined in Section 17017 of Title 18 of the California Code of Regulations, you have certain additional rights regarding your Personal Information under the California Consumer Privacy Act (“CCPA”) and the California Privacy Rights Act (“CPRA”), sometimes subject to our ability to verify your identity in accordance with applicable law and regulations. To submit a request pursuant to the CCPA or CPRA, please email us at [email protected] with your request, call us toll free at (310) 642-0533, or contact us through our contact information listed at the bottom of this privacy policy. Any information collected from you in connection with verifying your identity for a CCPA or CPRA request is used solely for the purposes of verification and is not further disclosed or retained longer than necessary, or used for unrelated purposes. You have a right for your request to be processed within 45 days of receiving a verifiable consumer request, subject to an extension by applicable law. Your requests are processed free of charge.

Right to Delete Personal Information

You have the right to request that we delete any Personal Information about you that we have collected from you after a verifiable consumer request. However, we are under no obligation to comply with your request if it is reasonably necessary for us, our service provider, or contractors, to maintain your Personal Information in order to:

  1. Complete the transaction for which the Personal Information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by the consumer, or reasonably anticipated by the consumer within the context of a business’ ongoing business relationship with the consumer, or otherwise perform a contract between the business and the consumer.
  2. Help to ensure security and integrity to the extent the use of the consumer’s Personal Information is reasonably necessary and proportionate for those purposes.
  3. Debug to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise that consumer’s right of free speech, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
  6. Engage in public or peer-reviewed scientific, historical, or statistical research that conforms or adheres to all other applicable ethics and privacy laws, when the business’ deletion of the information is likely to render impossible or seriously impair the ability to complete such research, if the consumer has provided informed consent.
  7. To enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with the business and compatible with the context in which the consumer provided the information.
  8. Comply with a legal obligation

When you make your request, we will delete the information from our records, notify any service providers, contractors we use to do same. We will also notify any third parties with whom we have sold or shared your Personal Information to delete your Personal Information. Your Personal Information will be deleted in these instances unless this proves impossible or involves disproportionate effort. Please note, that we may maintain a confidential record of deletion requests in accordance with § 1798.105.

Right to Correct Inaccurate Personal Information

You have a right have to your inaccurate Personal Information corrected depending on the nature of the Personal Information and the purposes of its processing. We will use commercially reasonable efforts after receipt of a verifiable consumer request to make requested applicable corrections.

Right to Know What Information is Being Collected and Right to Access to Personal Information

You have the right to request the disclosure of the following:

  1. the categories of Personal Information we have collected about you;
  2. the categories of sources from which the Personal Information is collected;
  3. the business or commercial purpose for collecting, selling, or sharing Personal Information;
  4. the categories of third parties to whom we disclose your Personal Information;
  5. the specific pieces of Personal Information we have collected about you.

To request the specific pieces of Personal Information we have collected about you, please follow the procedure outlined above for making a request.

In the preceding twelve months, we have collected the following categories of Personal Information:

Categories of Personal Information Collected Examples (including but not limited to):
Identifiers First and last name; telephone number; email address; IP address;
Customer Records Personal Information under § 1798.80(e) which includes, the Identifiers above as well and similar information
Characteristics of protected classifications Birthdate
Commercial Information Records of purchase information and similar history or tendencies.
Internet or other electronic network activity Browsing history, search history, and information regarding a consumer’s interaction with an internet website application, or advertisement and similar information.
Geolocation Data Information that is used to identify your device’s location that is captured when you visit our Sites. Please see our geolocation statement above for further information.
Professional or Employment Data for job applicants and employees) Previous work history and similar information.
Education Information (for job applicants and employees) Highest level of education completed, high school or postsecondary school information and address, and similar information
Inference Data Information that reflects consumer preferences and characteristics and similar information to create a profile about the consumer
Sensitive Personal Information: Consumer account log-in and password; driver’s license, passport, or similar information (for job applicants and employees)

Right to Know what Personal Information is Sold or Shared and to Whom

You have the right to request the disclosure of:

  1. the categories of Personal Information that we have collected about you;
  2. the categories of Personal Information that we have sold or shared about you and the categories of third parties to whom the Personal Information was sold or shared; and
  3. the categories of Personal Information that we have disclosed about you for a business purpose and the categories of persons to whom it was disclosed to for a business purpose.

When we share your information with a third party, that third party may not sell or share your Personal Information unless you receive explicit notice and you are provided with an opportunity to exercise the right to opt-out pursuant to § 1798.120. Fresh Brothers does not sell your Personal Information.

Categories of Personal Information Shared in the preceding 12 months:

  • Identifiers
  • Customer Records
  • Commercial information
  • Internet or other electronic network activity information
  • Geolocation data

Categories of Personal Information Disclosed in the preceding 12 months for a business purpose:

  • Identifiers
  • Customer Records
  • Characteristics of protected classifications (birthdate)
  • Commercial information
  • Internet or other electronic network activity information
  • Geolocation data
  • Professional or Employment information (for job applicants and employees)
  • Education information (for job applicants and employees)
  • Inference Data
  • Sensitive Personal Information

Right to Opt-Out of Sale or Sharing of Personal Information

You have the right to opt-out of the selling of sharing of your Personal Information with third parties. After receiving and processing your opt-out request in accordance with the time period allowed by law, we will not share or sell your Personal Information unless you subsequently provide us with consent to sell or share your Personal Information. Fresh Brothers does not sell your Personal Information. We share your Personal Information with third parties for marketing purposes. To control or opt-out of the sharing of your Personal Information please email us at [email protected] or contact us through the contact information listed at the end of this policy.

You may authorize another person to opt-out for you; to do so, we may require your authorized agent to provide proof that you gave the agent signed permission to submit the request, and /or require you to verify your own identify directly with us, and/or to directly confirm that you provided the authorized agent permission to submit the request.

We do not knowing collect, share, or store any Personal Information of children under the age of 16. If you believe this information has been collected, shared, or stored, please follow the instructions in the section titled “Children’s Privacy.”

Right to No Retaliation Following Opt-Out or Exercise of Other Rights

You have a right not to be discriminated against for exercising any of the rights above. This includes but is not limited to discrimination by:

  1. denying goods or services to you;
  2. charging different prices or rates for goods or services;
  3. providing a different level or quality of goods or services to you;
  4. suggesting that you will receive a different price or rate for goods or services or a different level of quality of goods or services; and,
  5. retaliating against an employee, application for employment, or independent contractor for exercising their rights under the CCPA or CPRA.

This right does not prohibit Fresh Brothers from offering discounts or our loyalty program, as long as the benefit is reasonably related to the value provided to us by the data we collect from you. We cannot use financial incentive practices that are unjust, unreasonable, coercive or usurious in nature.

Fresh Brothers may offer a loyalty program and other financial incentives in accordance with the CCPA. For more information see the section titled “Financial Incentives” in this Privacy Policy.

Our General Duties under the CCPA

Under the CCPA and/or CPRA, a business that controls the collection of a consumer’s Personal Information must inform you, at or before the point of collection of the categories of Personal Information and/or sensitive Personal Information collected and the purposes for which the categories are collected and whether the information is sold or shared; and the length of time the business intends to retain each category of information or the criteria used to determine that period. Businesses that are subject to the CCPA or CPRA cannot collect or use your personal or sensitive information for additional purposes that are incompatible with the disclosed purpose for which the information as collected without providing you notice. Businesses also cannot retain your Personal Information or sensitive Personal Information for longer than reasonably necessary for the disclosed purpose of the collection.

Our collection, use, retention and sharing of a consumer’s Personal Information must be reasonably necessary and proportionate to achieve the purposes for which the Personal Information was collected or process or other disclosed purposes that are compatible with the context in which it was collected. Your Personal Information must not, and is not, further processed in a manner that is incompatible with those purposes.

We are required by law to enter into agreements with any third parties, service providers, or contractors that disclose or share your Personal Information with that obligates them to comply with applicable law.

We are obligated to implement reasonable security procedures and practices that are appropriate to the nature of the Personal Information to your it from unauthorized or illegal access, destruction, use, modification, or disclosure. Please see our security measures above for further information.

Exemptions to our Duties

In certain instances, we will not be obligated to process your CCPA or CPRA request. These include instances where processing your request would restrict our ability to:

  1. Comply with federal, state, or local laws or comply with a court order or subpoena to provide information.
  2. Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities.
  3. Cooperate with law enforcement agencies concerning conduct or activity that the business, service provider, or third party reasonably and in good faith believes may violate federal, state or local law.
  4. Cooperate with a government agency request for emergency access to a consumer’s Personal Information if a natural person is at risk or danger of death or serious physical injury, subject to certain requirements.
  5. Exercise or defend legal claims
  6. Collect, use, retain, sell, share, or disclose consumer’s Personal Information that is deidentified or aggregate consumer information.
  7. Collect, or share a consumer’s Personal Information if every aspect of that commercial conduct takes place wholly outside of California.

California’s “Shine the Light” Law

Under California’s “Shine the Light” law, California Civil Code § 1798.83, if you are a California resident California and your business relationship with us is mainly for personal, family, or household purposes, you may ask us about the information we release to other organizations for their marketing purposes.

Fresh Brothers has a policy of not disclosing Personal Information of customers to third parties for third parties’ direct marketing purposes. If you have any additional questions, please contact us via email at [email protected].

Changes To this Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes via email and/or a prominent notice on our Site within a reasonable time before the change becomes effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

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