Fresh Street Privacy Policy

EFFECTIVE DATE: 03/09/2021

Fresh Street, LLC. (“Fresh Street”, “we”, “us” or “our”) values your privacy. In this Privacy Policy (“Policy”), we describe how we collect, use, and disclose information that we obtain about visitors to our website at www.freshstreet.com (any other website or subdomain at which this Policy is posted) (the “Site”) and users of our mobile application (“App”) and purchasers of the products and services available through our Site and App (collectively, the Site, App, and product and services shall be referred to as the “Services”), and how we use and disclose that information.
By visiting or using the Site, or accessing or using the App or any of our Services, you agree that your personal information will be handled as described in this Policy. Your use of our Site, App, or Services, and any dispute over privacy, is subject to this Policy and our Terms of Use, including its applicable limitations on damages and provisions for the resolution of disputes.

The Information We Collect About You

We may collect information about you directly from you and from third parties, as well as automatically through your use of our Services.

Information We Collect Directly From You. We collect different kinds of information from you depending on your interaction with our Services:

  • Newsletters and Promotions: You can sign up for newsletters or to receive information about products and services on our Site or App by providing us your email address. We use that email address to send you newsletter and other information about products and services offered on the Site and App.
  • Registration of Account/Purchases: If you register for an account, or place orders for a product offered on our Services, then we collect your name, email address, street address, phone number, and credit or debit card information (which is processed by our credit card processor). We also keep a record of the purchases and transactions you have made, including the kinds of products you purchased.
  • Contact/Inquiries: If you contact us or our customer service with questions about purchases, we may collect contact information from you, such as your name, email, phone number, and address, and information about your purchase so that we can better respond to your questions.
  • Geolocation: When you give the App permission to do this, we may use your mobile device’s location services to collect real-time information about the location of your device (using both GPS and other methods) to provide requested location services, ensure your orders are placed at the correct location, and to serve you relevant offers or promotions.
  • Information from other sources. We may combine information we receive online with other information, including usage information from our Site and App, and our online advertising and media. We may also supplement or combine information with information from a variety of other sources or outside records, such as demographic, transaction history, or personal information, and we may use that combined information in accordance with this Policy.

In addition, if you are providing personal information for third parties in connection with using our Services, you are responsible for ensuring that you have all required permissions and consents to provide such personal information to us for use in connection with the Services and that our use of such personal information to provide the Services does not violate any applicable law, rule, regulation, or order.

Information We Collect Automatically. We may automatically collect the following information about your use of our Services through cookies and other tracking technologies: your domain name; your browser type, and operating system; web pages you view; links you click; your IP address; the length of time you visit or use our Services; your device ID; and the referring URL, or the webpage that led you to our Services. We may combine this information with other information that we have collected about you, including, where applicable, your user name, name, and other personal information Please see the section “Our Use of Cookies and Other Tracking Mechanisms” below for more information.

How We Use Your Information

We use your information, including personal information, for the following purposes:

  • Provide Our Services.

We use your information to communicate with you about your use of our Services, fulfill your orders, and process transactions for purchases you make, respond to your inquiries, and provide customer service.

  • Provide Personalized Services.

We use your information to tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while accessing and using the Services.

  • Improve and Develop Our Services.

We use your information to (a) ensure our Services are working as intended, (b) stock items and plan effectively for demand (how many people shop and at what hours, what items are popular and when, etc.), (c) refine our product listings, (d) operate our business, (e) better understand how users access and use our Services, both on an aggregated and individualized basis, (f) develop, maintain, protect, and improve our Services, and (g) perform research and analytics, including to analyze and report on usage and performance of our Services.

  • Marketing and Promotions.

We use your information for marketing and promotional purposes. For example, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, to conduct contests and sweepstakes, or to otherwise contact you about products or information we think may interest you. We also may use your information for us and our affiliates, business partners, and select third parties to target, offer, market, or advertise products, programs, or services to you both on and off the Services.

  • Compliance.

We may use your information to detect, investigate, and prevent activities on our Site that may violate our Terms of Use, could be fraudulent or threaten the security of our Services, violate copyright, or other rules or that may be otherwise illegal, to comply with legal requirements, to defend or exercise legal claims, to respond to law enforcement or governmental investigations or requests, and to protect our rights and the rights and safety of our users and others.

How We Share Your Information

We may share your information, including personal information, as follows:

  • Consent. Where you have provided consent, we share your information as described at the time of consent.
  • Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries solely for the purpose of providing Services to you; however, if we do so, their use and disclosure of your personal information will be maintained by such affiliates and subsidiaries in accordance with this Policy.
  • Service Providers. We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf. For example, our payment processor, Stripe, collects and processes your credit card or debit card information in connection with purchases that you make on the Site.
  • Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, including as part of a bankruptcy proceeding, or are in negotiations for any of these types of transactions, we may transfer the information we have collected from you to the other company. -** In Response to Legal Process.** We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a subpoena.
  • To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the security of our Service or the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which we are involved.
  • Aggregate and De-Identified Information. We may share aggregate or de-identified information about users and their use of the Services with third parties and publicly for marketing, advertising, research, or similar purposes.

Please note that except as noted above, we will not sell or share your personal information with any third party for their direct marketing purposes without your consent.

Our Use of Cookies and Other Tracking Mechanisms

We and our service providers use cookies and other tracking mechanisms to track information about your use of our Site and Services. We may combine this information with other personal information we collect from you (and our third-party service providers may do so on our behalf).

Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site and Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and Services. There are two types of cookies: session and persistent cookies.

  • <u>Session Cookies</u>. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site.
  • <u>Persistent Cookies.</u> Persistent cookies remain on your computer after you have closed your browser or turned off your computer. **We use persistent cookies to track aggregate and statistical information about user activity. **
  • <u>Third-Party Analytics.</u> We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site and our Services. We also may use other analytic means to evaluate our Services.** We use these tools to help us improve our Services, performance, and user experiences. These entities may use cookies and other tracking technologies to perform their services. **

Your Choices

You may access or update certain personal information we have about you, or change certain preferences (including certain communication preferences) by (1) logging into your registered Site or App account and change your profile information and account settings (including location tracking), (2) changing your device’s settings for our App, or (3) contacting us as described at the end of this Policy. If you no longer want us to collect information through the App, please uninstall it. If you wish to delete your account and personal information we have collected, you can do so through your account settings or contact us at the end of this Policy.

We will use reasonable efforts to accommodate such requests to the extent required by law, provided that (a) we may refuse requests in our discretion if permitted by law; and (b) we may be required to retain personal information to comply with legal obligations, accounting requirements, or for other business purposes. We may request additional information to verify the identity of the requesting party before responding to a request. Please note that copies of information that you have updated, modified, or deleted may remain viewable in cached and archived pages of the Site for a period of time.

As noted above, we may send periodic promotional or informational emails to you. You may opt out of such communications by following the opt-out instructions contained in the e-mail. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt out of receiving emails about recommendations or other information we think may interest you, we may still send you transaction-related e-mails about your account or any Services you have requested or received from us.

Many web browsers are set to accept cookies by default, but you also may be able to set your browser to notify you before you receive a cookie, or to remove or reject cookies. Disabling all cookies completely may affect the availability and functionality of our Services. If you would like to delete cookies or change the settings on your web browser to delete or refuse cookies, please visit the Help pages of your web browser such as those listed below, but note that our Services do not respond to browser-based privacy signals, such as do-not-track signals:

Google Chrome: https://support.google.com/chrome/answer/95647

Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

Internet Explorer: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies

Safari on Mac: https://support.apple.com/en-ph/guide/safari/manage-cookies-and-website-data-sfri11471/mac

Safari on iOS: https://support.apple.com/en-us/HT201265

To limit our collection of data via Google Analytics on our Site, visit the Site only from browsers on which you have installed Google Analytics’ opt-out browser add-on. Google also provides certain controls for interest-based Google ads in the Google Ads Settings. Certain preferences for some of the Nielsen tools we use can be adjusted here and here.

To find out more about how some third-party services manage the privacy of information in conjunction with delivering ads online, and how to opt out of certain collection or uses by of information by certain participating companies, visit http://www.youradchoices.com, http://www.aboutads.info/appchoices, http://www.networkadvertising.org, or https://www.networkadvertising.org/mobile-choice. We are not responsible for the opt-out process of third parties.

Third-Party Services

Our Site and Services may contain links to third-party websites or services, including those of brands or manufacturers that offer their products on our Services (“Third-Party Services”). Any access to and use of such Third-Party Service is not governed by this Policy, but instead is governed by the privacy policies of those Third-Party Services. We are not responsible for the information practices of such Third-Party Services.

Security of Your Personal Information

We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee 100% security. You should not share your account credentials with any third party. Please note that we are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

Location of Information

Our Site and Services are offered from the United States and are not intended for use outside the United States (we do not currently ship or fulfill orders outside the United States). We store any information we collect in the United States. If you access the Services or Site from outside the United States, you agree to the transfer of your information to the United States, which may have less protections for your personal information than your jurisdiction of residence. Children Under 13 Our Site and Services are not designed or intended for children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.

Contact Us

If you have questions about the privacy aspects of our Site or Services, or would like to make a request regarding your personal information or a complaint, please contact us at support@freshstreet.com.

Changes to this Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on the Site. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site or if you have an account with us, providing notice to the email address in your account (for this reason you should make sure to update your account information promptly if it changes).

Nevada Privacy Notice

We do not sell your personal information as that term is defined under Nevada law. However, if you are a Nevada resident and wish to opt out of the future sale of your personal information, please email support@freshstreet.com.

California Privacy Notice

Under California Civil Code § 1798.83, California residents who have provided personal information to Toward Store may obtain information regarding Fresh Street’s disclosures, if any, of personal information to third parties for third-party direct marketing purposes. Requests must be submitted to the following address: support@freshstreet.com. Within 30 days of receiving such a request, we will provide a California Privacy Disclosure, which will include a list of certain categories of personal information disclosed during the preceding calendar year to third parties for their direct marketing purposes, along with the names and addresses of the third parties. This request may be made no more than once per calendar year.