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Privacy

Privacy Policy 

(last updated 8/24/21)

Your privacy is critically important to us – 

We don’t ask you for personal information unless we truly need it. We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights. We don’t store personal information on our servers unless required for the on-going operation of one of our services.

 

The Fresh 20! Freshly, Inc. (“The Fresh 20”, “we”, “us”, “our”) knows that you value your privacy and so do we. We are committed to protecting your privacy through compliance with this Privacy Policy.

 

We welcome your feedback, so if you have any questions about your privacy, please email us at support@thefresh20.zendesk.com.

 

Application of this Privacy Policy

This Privacy Policy applies to information we may collect from you or that you may provide when you visit or use our websites www.thefresh20.com.com and members.thefresh20.com (“Site”), and any other related websites, email list subscriptions, meal plan content subscriptions, and other features and communications (collectively, “Services”), and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Privacy Policy does not apply to information collected by any third party, including through any website, application, content (including advertising) that may link to or be accessible from or on the Site or any other Services.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to access or use the Site or Services. By accessing or using the Site or Services, you agree to this Privacy Policy. This Privacy Policy may change from time to time. Your continued access or use of the Site or Services after we make changes is deemed to be acceptance of those changes, so we encourage you to review this policy whenever you use or access the Site. We will indicate any updates to this policy by updating the “Last Updated” date at the beginning of the policy.

How We Collect and Use Information

We collect the following types of information about you:

Information you provide us directly: We ask for certain information such as your username, legal name, address, phone number and email address when you opt in or register for a The Fresh 20 account, buy a The Fresh 20 product or service, or if you correspond with us. We use this information to operate, maintain, and provide to you the features and functionality of the Service.

Information that we collect automatically:

Information about your interactions with and use of our website.

Details about your interactions with customer support, such as the times and dates of interactions, the details of the interactions, and live-chat transcripts.

Device identifiers such as the type of device you use, the version of your browser, your operating system and identifiers that can be used to uniquely identify your device.

Standard web-logging information such as page views, referral URLs, ad data, IP addresses, connection information, browser versions, and operating system versions.

We use or may use cookies, log file, device identifiers, location data and clear gifs information to:

(a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site;

(b) provide custom, personalized content and information;

(c) to provide and monitor the effectiveness of our Service;

(d) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns;

(e) diagnose or fix technology problems;

(f) help you efficiently access your information after you sign in;

 

Cookies

When you visit the Service, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets The Fresh 20 help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click and other actions you take on the Service), and allow us or our business partners to track your usage of the Service over time. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.

Analytics Information

We may directly collect analytics data, or use third-party analytics tools and services, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit and other information that assists us in improving the Service. We collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user.

Third Party Information

We may receive information about you from third parties. For example, if you access our websites or Service through a third-party connection or log-in, for example, through Facebook Connect, by “following,” or “liking,” linking your account to The Fresh 20 Service, etc., that third party may pass certain information about your use of its service. This information could include, but is not limited to, the user ID associated with your account (for example, your Facebook UID), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them. You may also unlink your third party account from the Service by adjusting your settings on the third party service.

 

Log file information

Log file information is automatically reported by your browser or mobile device each time you access the Service. When you use our Service, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information.

 

Device identifiers

When you access the Service by or through a mobile device (including but not limited to smart-phones or tablets), we may access, collect, monitor and/or remotely store one or more “device identifiers,” such as a universally unique identifier (“UUID”). Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by The Fresh 20. A device identifier may convey information to us about how you browse and use the Service. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.

 

Location data

When you access the Service by or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey to us information about how you browse and use the Service. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.

 

Marketing Communications

We use the information we collect or receive, such as your email address, to communicate directly with you. We may send you emails containing newsletters, promotions, and special offers. If you do not want to receive such email messages, you will be given the option to opt out or change your preferences. We also use your information to send you Service-related emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). You may not opt out of Service-related emails.

If you don’t want to receive emails from us, you can simply “Unsubscribe” via a link in the email. However, there are certain administrative emails from which you can’t unsubscribe, such as service notifications and emails related to your financial transactions with us. You may, however, opt out of informational updates and from the weekly electronic delivery of our meal plans.

 

Sharing of Your Information

Our Disclosure of Your Information

The Fresh 20 does not sell your information in any way. There are, however, certain circumstances in which we may share your information with certain third parties without further notice to you, such as in the following examples:

Service Providers: We use other third party companies and contractors (“Service Providers”) to perform services for us or to assist in marketing, research, advertising, communications, infrastructure, and IT services in the course of providing our Services to you.

Promotional Offers: We may offer joint marketing promotions that, in order for you to participate, will require that we share your information with third parties. By participating in these joint promotions, you agree to our sharing of your information. Please note that we do not control the privacy practices of any third-party businesses or guarantee that their practices are similar to ours.

Business Transfer: We may transfer your information due to a reorganization, restructuring, merger, sale, or other transfer of The Fresh 20, our business or assets. We reserve the right to transfer our information, including your personal information, provided that the receiving party agrees to respect your personal information in a manner that is consistent with our Privacy Policy.

Social Media Services: If you choose to connect and share information from our Site or Services to a social media network, the information you share is then subject to the social media service’s privacy policy.

Others with access to your account: If you choose to share your account with other parties, they may have access to any of your personal information.

Legal Necessity

The Fresh 20 will disclose your information where required to do so by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Use or to protect the security, quality or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of the company, our Users, or others.

 

Compromise of information: In the event that any information under our control is compromised as a result of a breach of security, The Fresh 20 will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

Your Choices about Your Information

We make every effort to promptly process all unsubscribe requests. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly at support@thefresh20.zendesk.com

 

Children’s Privacy

The Fresh 20 does not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to register as Users. The Service and its content are not directed at children under the age of 18. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us at support@thefresh20.zendesk.com

 

Links to Other Websites and Services

We are not responsible for the practices employed by websites or services linked to or from the Service, including the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link or advertisement on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and we do not have control over any third-parties that you authorize to access your User Content. If you are using a third-party website or service (like Facebook or Google groups) and you allow such a third-party access to your User Content you do so at your own risk. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources other than through the Service.

 

Exclusions

This Privacy Policy does not apply to any Personal Information collected by The Fresh 20 other than the personal information collected through the Site and Services. It does not apply to any unsolicited information you provide to The Fresh 20 through the Services or any other means, which includes, but is not limited to, information posted to any public areas of the Services or to related forums or social media sites. All unsolicited information is deemed non-confidential and The Fresh 20 will be free to reproduce, use, and disclose such information without limitation or attribution.

 

Transfer of Information

Given the global nature of our society, The Fresh 20 conducts business globally, which may result in the transfer of your information internationally. Therefore, by using The Fresh 20 you acknowledge and agree to the transfer of your information outside of your country of residence to any country (including the United States) where we have facilities or Service Providers. You understand that countries that we may transfer information to may not have as comprehensive a level of data protection as your country, although your personal information will continue to be protected in accordance with the standards described in this Privacy Policy.

 

California Consumer Privacy Act

For residents of California, this section supplements the other portions of this Privacy Policy and explains the types of personal information we collect, use and share along with certain rights under the California Consumer Privacy Act (“CCPA”).

To provide the features of our Site and services of The Fresh 20, we process personal information whether or not you are logged into our Services. As described above (see “Business Transfer”), we may share your personal information for business purposes either with your permission or otherwise where permissible under the CCPA. We don’t sell any of your personal information.

 

Here is a summary of categories of personal information we have collected from or about our subscribers over the last 12 months, as well as some information about how we use it and ways we may have shared it.

Categories of Personal Information The Fresh 20 has Collected.

Identifiers (e.g., name, mailing or email address, phone number).

Internet or other electronic networking activity information (e.g., browser or search history).

Financial information.

Location-related information including your precise device location if you choose to allow us to collect it.

Examples of Uses of Personal Information:

Providing, personalizing and improving our Site and Services.

Facilitating transactions.

Providing measurement, analytics, advertising, or other business services.

Communicating with you.

Enable Marketing and Promotional Offers.

To perform other business purposes.

Parties with Whom The Fresh 20 Has or May Share Personal Information:

Advertising partners.

Partners who use our measurement, analytics, and advertisement services.

Partners who make Promotional Offers that you opt into.

Law enforcement or other parties in connection with legal requests.

New owners in the event of a change of ownership of control of all or part of The Fresh 20, or a purchase of all or substantially all of our assets.

Under the CCPA, you have the following rights:

The Right to Understand your Data: You have the right to request that we disclose to you the personal information we collect, use, or disclose;

Right to Request Deletion: You have the right to request that we delete the personal information we have collected from you;

Right to Equal Treatment: We won’t discriminate against you for exercising any of your rights.

To exercise your rights, contact us by email at support@thefresh20.zendesk.com

In order to protect your information, we will need to verify your identity before we can process your request. In some cases, we may need additional personal information to do so, such as your government issued ID.

You may exercise your rights personally or appoint an authorized agent to exercise your rights on your behalf. We may request that your authorized agent has written permission to act on your behalf. In order to verify the identity of your authorized agent, we may need to collect personal information from the agent, such as a government issued ID.

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