Effective Date: Jan 26, 2023
- Information Collection and Use
- How Your Information Is Shared
- Loyalty Program and Other Financial Incentives
- Transfer of Data
- How Your Information Is Stored and Protected
- Opt-Out Preference Signals
- Control Your Information
- Links to Other Sites
- Children’s Privacy
- California Consumers - Notice and Disclosures
- Contact Us
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.
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
- Transaction 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.
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.
We may also collect or receive Personal Information about you from our service providers or vendors, or from publicly available sources.
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 (844) 921-0600, 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.
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.
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 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.
Where recognized, we accept Global Privacy Control (“GPC”) signals as a request to opt-out of the sale or sharing of your personal information. GPC allows users to notify websites they visit of some of their privacy preferences rather than notify each individual website. The signal will be processed as if a request to opt-out of the sale or sharing of your personal information was sent from your device and browser. In instances where you have a consumer account and it is tied to your device and browser, we will process the request in relation to your consumer account as well. For more information about GPC please visit https://globalprivacycontrol.org/.
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.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
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.
Under California law, some of the information we may collect is considered “Sensitive Personal Information.” Your account log-in and password, if you have created one, are considered Sensitive Personal Information.
Some of the information specifically collected from our employees, staff, independent contractors, and other similar positions is also considered Sensitive Personal Information. This information includes social security, driver’s license, state identification card, or passport numbers as well as information voluntarily provided for the Equal Employment Opportunity Commission Form such as ethnicity. Information provided on the Equal Employment Opportunity form is only disclosed and used in relation to reporting to the Equal Employment Opportunity Commission and does not affect your opportunity for employment.
Sensitive Personal Information is only used and disclosed:
- To perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services.
- To help ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for these purposes.
- For short-term transient use.
- For performing services on behalf of the business.
- For undertaking activities to verify, maintain, the quality of safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business or as authorized by regulations adopted pursuant to § 1798.185 (a)(19)(C) of the CCPA.
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:
- 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.
- 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.
- Debug to identify and repair errors that impair existing intended functionality.
- 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.
- 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.
- 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.
- 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.
- 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.
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.
You have the right to request the disclosure of the following:
- The categories of Personal Information we have collected about you;
- The categories of sources from which the Personal Information is collected;
- The business or commercial purpose for collecting, selling, or sharing Personal Information;
- The categories of third parties to whom we disclose your Personal Information;
- 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):
||First and last name; telephone number; email address; IP address;
||Personal Information under § 1798.80(e) which includes, the Identifiers above as well and similar information
|Characteristics of protected classifications
||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.
||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
||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)
Personal Information is collected from the following sources:
- The Consumer;
- Service Providers;
- Third parties;
- Advertising Networks;
- Analytics Providers;
- Social Networks;
- Internet Service Providers;
Fresh Brother’s business or commercial purposes for “collecting” “selling” or “sharing” personal information, where applicable, are as follows:
- To audit the effectiveness and quality of ads and their compliance with necessary standards;
- For security and quality control purposes and ensuring consumer personal information is used only as reasonably necessary and proportionate for the business purpose;
- Debugging to identify and repair errors that impair existing intended functionality;
- Short-term and trainset use, including advertising not shared with third parties based on your current interactions with the business;
- Internal research;
- Carrying out the services you requested;
- Providing you with relevant advertising and marketing services, except for cross-context behavioral advertising;
- To sell or provide our products and services to you; and,
- To complete commercial transactions.
Fresh Brothers discloses personal information to the following categories of third parties:
- Advertising Networks
- Social Media Networks
- Analytics Providers
- Marketing Companies
You have the right to request the disclosure of:
- the categories of Personal Information that we have collected about you;
- 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
- 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.
Categories of Personal Information Shared in the preceding 12 months:
- 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:
- 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
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. We share your Personal Information with third parties and analytics purposes. To control or opt-out of the sharing of your Personal Information please visit https://www.freshbrothers.com/do-not-sell-or-share-my-information/ 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.”
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:
- Denying goods or services to you;
- Charging different prices or rates for goods or services;
- Providing a different level or quality of goods or services to you;
- 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,
- Retaliating against an employee, application for employment, or independent contractor for exercising their rights under the CCPA.
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.
Under the CCPA, 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 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.
In certain instances, we will not be obligated to process your CCPA request. These include instances where processing your request would restrict our ability to:
- Comply with federal, state, or local laws or comply with a court order or subpoena to provide information.
- Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities.
- 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.
- 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.
- Exercise or defend legal claims
- Collect, use, retain, sell, share, or disclose consumer’s Personal Information that is deidentified or aggregate consumer information.
- Collect, or share a consumer’s Personal Information if every aspect of that commercial conduct takes place wholly outside of California.
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].