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PRIVACY POLICY

Last Updated: September 20, 2023

Introduction

Your privacy is important to us. It is FreshCap's (“Company,” “we,” “our,” or “us”) policy to respect your privacy and comply with any applicable law and regulations regarding any personal information we may collect about you, including across our website, www.freshcap.com (“Site”). This policy describes certain rights and information that apply to our Customers. Please read this policy carefully to understand our policies regarding your personal information. If you do not agree with our policies and practices, do not use our Site.

Updates to this Policy

We may revise this Privacy Policy from time to time. When we update our Privacy Policy, we will take appropriate measures to inform you, consistent with the significance of the changes we make. If you do not agree with our changes, you should cease use of our Site immediately.

Children

We do not knowingly collect any personal information from individuals under 18 years of age. If we learn that we have collected the personal information of an individual under 18, we will delete the information as soon as possible.

Personal Information We Collect

Information You Provide Us

We collect certain information from you, including your name, email address, phone number, address, and payment information when you purchase products from our Site. We do not collect sensitive personal information, as defined under applicable law.

Information We Automatically Collect

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site.

We automatically collect this information using the following technologies:

  • “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
  • “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
  • “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

Summary of Personal Information We Collect

Category

Examples (For Illustrative Purposes Only)

Collected

A: Identifiers

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.

YES

B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Some personal information included in this category may overlap with other categories.

YES

C: Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

NO

D: Commercial Information

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

YES

E: Biometric Information

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

NO

F: Internet or other similar network activity

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

YES

G: Geolocation Data

Physical location or movements.

NO

H: Sensory Data

Audio, electronic, visual, thermal, olfactory, or similar information.

NO

I: Professional or employment-related information

Current or past job history or performance evaluations.

NO

J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial Information, or student disciplinary records.

NO

K: Inferences drawn from other personal information.

 

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

YES

 

How We Use Your Personal Information

We use the personal information we collect from you in the following ways:

  • To personalize your experience on the website;
  • To process your transactions, requests, and payments;
  • To communicate with you;
  • To screen for potential risks and fraud in our systems;
  • To provide you with support and respond to your inquiries;
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
  • To optimize our Site; and
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Site users and consumers is among the assets transferred.

Sharing Your Personal Information

We may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed personal information for a business purpose to the categories of third parties indicated in the chart below. We do not sell or share your personal information with third parties unless we provide you with advance notice, such as within this Privacy Policy or at the point we collect data from you. We may also share your personal information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

We may disclose your personal information as part of a corporate business transaction such as a merger or acquisition, divestiture, sale of company assets, or in the event of insolvency, bankruptcy, or receivership. In these cases, personal information could be transferred to third-parties as a business asset.

We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

We may also share your personal information by selling it to third parties, subject to your right to opt-out of those sales. Our personal information sales do not include information about individuals we know are under age 16. In the preceding twelve (12) months, Company has sold the following categories of personal information to the categories of third parties indicated in the chart below. For more on your personal information sale rights, see Your Right to Opt-Out below.

Summary of Personal Information Sharing and Sales

Personal Information Category

Category of Third-Party Recipients

Business Purpose Disclosures

Sales

A: Identifiers.

Data Analytics Providers; Advertising Networks; Operating Systems & Platforms; Social Networks;

Advertising Networks

 

B: California Customer Records personal information categories.

Data Analytics Providers; advertising networks; Operating Systems & Platforms; Social Networks;

Advertising Networks

C: Protected classification characteristics under California or federal law.

None

None

D: Commercial Information.

Operating Systems & Platforms

None

E: Biometric information.

None

None

F: Internet or other similar network activity.

Data Analytics Providers; Operating Systems & Platforms; Social Media

Advertising Networks

G: Geolocation data.

None

None

H: Sensory data.

None

None

I: Professional or employment-related information.

None

None

J: Non-public education information.

None

None

K: Inferences drawn from other personal information.

Data Analytics Providers; Operating Systems & Platforms; Social Media

None

 

Privacy Technology Practices

Do Not Track Signals

Some browsers have incorporated “do not track” features to enable users to make privacy and security choices. By using these settings, your browser may send a signal to our Site not to collect tracking information. At this time, the Site does not respond to “do not track” signals, if received.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Site like in customer reviews.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

Data Retention

We retain your personal information for as long as we have a business relationship with you. We may retain your account information and order information for our records for up to 5 years after your last transaction.

Payment Processors

Payment information, such as card numbers, expiration date, CVV code, and the billing address of the card holder are processed by third-party processors. The third-party payment processors we use include PayPal, Apple Pay, Google Pay, and Shopify Pay. We do not store or retain your payment information. For more information about the privacy practices of these payment processors please review their respective privacy policies.

PayPal

Apple Pay

Google Pay

Shopify Pay

Your Privacy Rights

Your Right to Opt-Out

You have the right to direct us not to sell your personal information at any time. We do not sell the personal information of consumers we actually know are less than 16 years old. Consumers who opt-in to personal information may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request by emailing us at support@freshcap.com

You may also send us an email to support@freshcap.com with the subject line “Data Subject Request.” In your email, please specify your full name, a description of your request, and whether you are submitting a request for yourself or on behalf of another individual. If you are making a request on behalf of someone else, we may require additional information from you to verify your identity. Upon receipt of your request, we will process it and respond within the timelines required under applicable law. If additional information is required from you, we will contact you using the email address you have provided.

Once you make an opt-out request, we will wait at least 12 months before asking you to reauthorize personal information sales. You do not need to create an account with us to exercise your opt-out rights.

Your Right to Know and Delete

You have the right to request that we disclose certain information to you about our collection and use of your personal data over the past 12 months. Once we receive and validate your request, we will include a list of your personal data that may have been disclosed and the categories of third parties the information may have been disclosed to. 

You may request that we delete any of your personal data that we collected from you and retained, subject to certain exceptions. Once we receive your request and confirm your identity, we will review your request. We may deny your deletion request if retaining the information is proper and necessary or if an exception allowing us to retain the information applies.

If your request is approved, we will delete or deidentify the relevant information and will direct our service providers to take similar action.

Exercising Your Rights to Know, Delete or Correct

To exercise your rights to know or delete described above, please submit a request by:

Only you, or your authorized representative may make a request to know or delete related to your personal data. We may ask for your name, email address and account information to verify your identity or your authorized representative’s identity.

You may only submit a request to know twice within a 12-month period. We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt, unless we require an extension. If we reasonably require an extension we will inform you of the reason and extension period.

Non-Discrimination

We will not discriminate against you for exercising any of your data rights.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

California’s Shine the Light Law

California Civil Code Section 1798.83 permits Users of our Site that are California residents to request certain information regarding our disclosure of the information you provide through the Site to third parties for their direct marketing purposes. To make such a request, please contact us at the information provided below.

SMS

We may offer discounts, advertisements, marketing incentives, rewards and other offers and benefits to you if you sign up to email and SMS promotional campaigns or other programs.  When you sign up for one of our email or SMS programs, we typically ask you to provide your name and contact information (such as email address and/or telephone number).  Because our programs involve the collection of personal information as well as offering of various benefits, our programs may be interpreted as providing a “financial incentive” under California Law.  To the extent we derive value from the collection of the personal information you provide to us, that value is directly related to the value to us of the opportunity to promote products to you as well as the value of the benefits that you obtain.  You may withdraw from participating in our email or SMS programs at any time by contacting us using the designated method described in the terms and conditions that apply to the program, or by contacting us at support@freshcap.com.

 

Contact Us

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at support@freshcap.com or by mail using the details provided below:

444 W Lake St Suite 1700
Chicago, 60606