Freshyface, LLC d/b/a FreshyNY respect your privacy and are committed to protecting it through our compliance with this policy. For this reason, we want you to be familiar with how we collect, use, and disclose information about you.

This policy describes our practices in connection with information we may collect from you or that you may provide when you visit the website https://www.freshyny.com/ and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

·       The Website operated by us from which you are accessing this Privacy Policy;

·       In email, text, and other electronic messages between you and this Website; 

It does not apply to information collected by:

·       Us offline or through any other means, including on any other website operated by FreshyNY or any third party (including our affiliates and subsidiaries);

·       Any third-party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or through the Website; or

·       Any software application made available by us for use on or through smartphones or devices (the “App”).  

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, please refrain from using our Website. By accessing or using this Website, you agree and consent to this Privacy Policy. This policy may change from time to time (see Sec. 11. Changes to Our Privacy Policy[TTY1] ). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

1a. Children Under the Age of 16 

This Website is not intended for children under 16 years of age. No one under age 16 may provide any information to the Website. We do not knowingly collect personal information from children under 16. If you are under 16, please do not use or provide any information on this Website or through any of its features; create an account on the Website, make any purchases through the Website; use the “Contact Us” feature; or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at hello@freshyny.com[TTY2] .

1b. Information We Collect About You and How We Collect It

“Personal Information” is information that identifies you as an individual or relates to an identifiable individual. We collect several types of Personal Information from and about users of our Website, including:

·       Postal Address (including billing and shipping addresses).

·       Telephone Number.

·       Email address.

·       Internet protocol (IP) address.

·       Linked accounts (including social media and payment services).[MGM3]  

We collect this information:

·       Directly from you when you provide it to us.

·       Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies.

·       From third parties; for example, our business partners. 

2a. Collection of Personal Information

The information we collect on or through our Website may include:

·       Information that you provide by filling in forms on our Website. This includes information provided at the time of creating an account on our Website, subscribing to our services, subscribing to our newsletter, or contacting us. We may also ask you for information when you contact us through our Website.

·       Records and copies of your correspondence (including email addresses and message contents) if you contact us.

·       Your responses to surveys that we might ask you to complete for research purposes.

·       Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.

·       Your search queries on the Website. 

We may also receive your Personal Information from other sources, including, without limitation:

·       Publicly available databases.

·       Joint marketing partners.

·       Credit reporting agencies. 

You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website.

2b. Collection of Information Through Automatic Data Collection Technologies

In general, the information we collect automatically does include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

·       Estimate our audience size and usage patterns.

·       Store information about your preferences, allowing us to customize our Website according to your individual interests.

·       Speed up your searches.

·       Recognize you when you return to our Website. 

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

·       Your browser or device. Many browsers and devices automatically collect certain information, such as your Media Access Control (MAC) address, device type, screen resolution, operating system and version, device manufacturer and model, language, and browser type and version. We use this information to ensure the Website is functioning properly.

·       Cookies. Cookies are short pieces of computer code that are stored directly to your device from the websites you access. Cookies allow us to collect information pertaining to your browser type, time spent on the Website, pages visited, language preference, and other traffic data that allows us to provide you the best experience while navigating our Website. We use this information for security purposes, to assist you in navigating the Website, to display information on our Website most effectively, and to personalize your experience. We also use cookies to gather statistical information about the use of our Website to continuously improve the design, layout, and functionality, understand how the Website is used, and to better understand our clientele. We do not currently respond to do-not-track signals. If you do not want information collected through cookies, most browsers give you the option to automatically decline cookies from all sites or from particular sites in the browser settings. For additional information about how you can opt out of cookies, you may refer to https://allaboutcookies.org/how-to-manage-cookies. Additionally, some web browsers, such as DuckDuckGo, do not collect cookies by default. By declining cookies or using a browser that does not permit their collection, you may experience some degradation or inconvenience in your use of the Website.

·       Pixels. Pixels are scripts that run in the background of our online store to track customer events. Pixels may be used to compile statistics about usage, response rates, and efficacy of marketing campaigns.

·       Analytics. We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google Analytics’ practices by going to https://support.google.com/analytics/answer/6004245?sjid=4143861673433329387-NC#zippy=%2Cdata-privacy-and-security and exercise the opt-out provided by Google Analytics by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout. [MGM4] [MY5] [MY6] [TY7] 

·       Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Sec[TTY8] . 6. Choices About How We Use and Disclose Your Information.

3.              Third-Party Use of Cookies and Other Tracking Technologies 

Some content or applications, including advertisements, on the Website are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with behavioral advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Sec. 6. Choices About How We Use and Disclose Your Information[MGM9] .

4.              How We Use Your Information 

We use information that we collect about you or that you provide to us, including any personal information:

·       To present our Website and its contents to you.

·       To provide you with information, products, or services that you request from us.

·       To fulfill any other purpose for which you provide it.

·       To provide you with notices about your account and/or subscription, including expiration and renewal notices, payment reminders, and other information pertaining to your account and/or subscription.

·       To provide you with our newsletter or informational updates you have requested.

·       To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

·       To notify you about changes to our Website or any products or services we offer or provide though it.

·       To develop internal artificial intelligence (AI) and AI-enabled tools.

·       In any other way we may describe when you provide the information.

·       For any other purpose with your consent. 

We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on account creation form. For more information, see Sec. 6. Choices About How We Use and Disclose Your Information[MGM10] .

5.              Disclosure of Your Information

We may disclose aggregated information about our users without restriction except where proscribed by law.

We may disclose personal information that we collect, or you provide as described in this privacy policy:

·       To our subsidiaries and affiliates.

·       To contractors, service providers, and other third parties we use to support our business.

·       To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of FreshyNY’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by FreshyNY about our Website users is among the assets transferred.

·       To fulfill the purpose for which you provide it.

·       For any other purpose disclosed by us when you provide the information.

·       With your consent. 

We may also disclose your personal information:

·      To comply with any court order, law, or legal process, including to respond to any lawful government or regulatory request.

· To enforce or apply our terms of use (www.freshyny.com/privacy) and other agreements, including for billing and collection purposes.

·       If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of FreshyNY, our customers, or others. In some instances, we may combine information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.

6.              Choices About How We Use and Disclose Your Information 

At FreshyNY, we give you choices about the personal information you provide to us. We have mechanisms in place to provide you with the following control over your information:

·       Flash Cookies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you do not want Flash cookies stored on your device, you can adjust the settings of your Flash player to block Flash Local Shared Objects (LSOs) storage using the tools contained in the Website Storage Settings Panel. You can also go to the Global Storage Settings Panel and follow the instructions (which may explain, for example, how to delete existing Flash LSOs, how to prevent Flash LSOs from being placed on your device without your consent, and how to block Flash LSOs that are not being delivered by our website. Importantly, restricting or limiting acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, resulting in some parts of our website being inaccessible or not functioning properly.

·       Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on Create Account page. You can also always opt-out by sending us an email with your request to hello@freshyny.com.

·       Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third-parties' products or services, you can opt-out by unchecking the relevant box located on either the Create Account page or beneath our newsletter sign-up box, or at any other time by either replying “STOP” to text messages, clicking the “unsubscribe” link at the bottom of promotional emails, or by sending us an email stating your request to hello@freshyny.com. If we have sent you a promotional email or text message, you may send us a return email asking to be omitted from future email distributions.

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any website or service to which our website links.  The inclusion of a link on the website to any third party does not imply endorsement of the linked site or service by us or by our affiliates.

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website: https://thenai.org/.

Residents of certain states, such as California, Nevada, Colorado, Connecticut, Virginia, and Utah, as well as international users, may have additional personal information rights and choices. Please see Sec. 8. State Privacy Rights[TTY11]  for more information.

7.              Accessing and Correcting Your Information

At any time, you can review and change your personal information by logging into our Website and accessing your account login page.

You may also send us an email at hello@freshyny.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. For iOS users, you may also delete your account in the FreshyNY mobile application’s account settings. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Residents of certain states, such as California, Nevada, Colorado, Connecticut, Virginia, and Utah may have additional personal information rights and choices. Please see Sec. 8. State Privacy Rights[MGM12]  for more information.

8.              State Privacy Rights 

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. To learn more about California residents' privacy rights, visit https://oag.ca.gov/privacy/ccpa. California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to hello@freshyny.com.

California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, New Jersey, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to: 

·       Confirm whether we process their personal information.

·       Access and delete certain personal information.

·       Correct inaccuracies in their personal information, taking into account the information's nature processing purpose (excluding Iowa and Utah).

·       Data portability.

·       Opt-out of personal data processing for:

·       targeted advertising (excluding Iowa);

·       sales; or

·       profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah).

·       Either limit (opt-out of) or require consent to process sensitive personal data.

To exercise any of these rights please send an email to hello@freshyny.com. Certain states provide you the right to appeal our decision regarding your request in certain instances. To appeal a decision regarding a consumer rights request, please send an email to hello@freshyny.com requesting an appeal of a previous decision. We will endeavor to respond to your appeal within 45 days but not more than is required by law in your state.

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to hello@freshyny.com.

9.              Security 

We have implemented measures reasonably designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure; however, we cannot guarantee that data transmission or storage is 100% secure. If you have reason to believe that your interaction with our Website is no longer secure, please immediately notify us at hello@freshyny.com.

Importantly, the safety and security of your information also depends on you. Where you have chosen a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We highly recommend you do not share this password with anyone nor use it to access any other service. We also urge you to never conduct financial transactions on our Website using public Wi-Fi, as this can easily be intercepted.

Unfortunately, no transmission of information via the internet is completely secure. Although we do our best to protect your personal and financial information, we cannot guarantee the security of information transmitted to our Website. Any transmission of personal or financial information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

10.           Third-Party Payment Service

Our Website uses Stripe, a third-party payment service to allow you to make purchases. Stripe’s privacy policy can be found here: https://stripe.com/privacy. When you use such a service to may a payment to us, your personal information will be collected by the Stripe and subject to the Stripe’s privacy policy. We bear no responsibility to the Stripe’s collection, use, or disclosure of your personal information. You are responsible for reviewing and individually consenting to the third-party payment service’s privacy policy.

11.           Changes to Our Privacy Policy

We will update and revise this Privacy Policy periodically to ensure we remain compliant with data privacy regulations. The “Last Modified” legend at the top of this Privacy Policy indicates the date of last revision. Any changes will become effective on the date we post this Privacy Policy to our Website.

12.           Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

·       Via email: hello@freshyny.com.  

·       Or through the “Contact Us” tab on our Website: freshyny.com/contact-us

We will never ask you for credit card information via email. Please do not include credit card or other sensitive financial information in your emails to us.