Privacy Policy | Fresh n' Lean

UPDATED: August 29th, 2022

This Privacy Policy has been prepared to outline how Fresh N’ Lean and our affiliated companies (“Fresh N’ Lean”, “we”, “our” or “us”) use Personal Information (defined below) that we process in connection with your use of our website: https://www.freshnlean.com/ and all software, services, extensions, subdomains, and application programming interfaces (collectively, our “Service”). Please read this Privacy Policy carefully to better understand how we collect, use, process, or otherwise handle your Personal Information.

As our organization changes over time, this Privacy Policy is expected to change as well. We reserve the right to amend this Privacy Policy at any time, for any reason, without notice to you, other than the posting of the amended Privacy Policy on our website. We may e-mail periodic reminders of our notices and terms and conditions, but you should check our website frequently to see the current Privacy Policy that is in effect and any changes that may have been made to it.

Please contact [email protected] if you have any questions or concerns.

1. INTRODUCTION.

We strive to respect privacy and we recognize the need for appropriate protection and management of any Personal Information that is shared with us as part of using our Service. As used in this Privacy Policy, “Personal Information” means any information relating to an identified or identifiable person. You may choose whether or not to provide or disclose Personal Information in connection with your use of our Service. If you choose not to provide the Personal Information we request, you may still visit and use parts of our Service, but may be unable to access or use certain features, options, programs, products, and services. Our Service may contain links to third-party websites, products, services, and advertisements that are not owned or controlled by us. We are not responsible for the privacy practices or the content of those third party websites, products, services, and advertisements, and you visit them at your own risk.

2. INFORMATION YOU VOLUNTARILY PROVIDE.

In short: we may collect Personal Information that you provide to us such as name, address, contact information, passwords and security data, and payment information.

We may collect Personal Information that you voluntarily provide to us when registering on our Service, expressing an interest in obtaining information about us or our products and services, or when participating in activities on our Service (such as posting in our online forums or entering competitions, contests, or giveaways), or otherwise when you contact us.

The Personal Information we collect depends on the context of your interactions with us, the choices you make and the products and features you use. The Personal Information we collect can include the following:

Name and Contact Data. We collect your first and last name, email address, postal address, phone number, and other similar contact data. We may also collect your SMS message preferences, such as opt-in or opt-out.
Credentials. We collect passwords, password hints, and similar security information used for authentication and account access.
Payment Data. We collect data necessary to process your payment if you make purchases, such as a payment instrument number (i.e. a credit card number) and the security code associated with your payment. All payment data is stored by our third party payment processor and you should review its privacy policies and contact the payment processor directly to respond to your questions.
Social Media. We have worked with certain third-party social media providers to offer you their social networking services through our Service. For example, you can use third-party social networking services to share information about your experience on our Service with your friends and followers on those social networking services. These social networking services may be able to collect information about you, including your activity on our Service. These third-party social networking services also may notify your friends, both on our Service and on the social networking services themselves, that you are a user of our Service or about your use of our Service, in accordance with applicable law and their own privacy policies. If you choose to access or make use of third-party social networking services, we may receive information about you that you have made available to those social networking services, including information about your contacts on those social networking services. You also may be able to link an account from a social networking service (e.g., Facebook) to an account through our Service. This may allow you to use your credentials from the other site or service to sign in to certain features on our Services. If you link your account from a third-party site or service, we may collect information from those third-party accounts, and any information that we collect will be governed by this Privacy Policy.
Personal Information You Disclose Relating to Others. Our Service may allow you to disclose Personal Information relating to another person. If you disclose any Personal Information relating to other people in connection with our Service, you represent to us that you have the right and authority to (i) submit that information to us, and (ii) to permit us and our third party service providers to manage, process, use, and disclose that information in accordance with this Privacy Policy.
Third Parties. We may collect certain information about you from other sources, such as public databases, joint marketing partners, as well as from other third parties. Examples of the information we receive from other sources include social media profile information; marketing leads and search results and links, including paid listings (such as sponsored links).
Health Information. We may also collect information about your health, age, and dietary restrictions or preferences.

3. INFORMATION PROVIDED AUTOMATICALLY.

In short: Certain information on our Service is collected automatically by means of various software tools, as described below. We have a legitimate interest in using such information to assist in systems administration, information security, abuse prevention, to understand the usage of our Service, to analyze the effectiveness of our Service, and to improve our Service. Alone or in combination with other information, some or all of the automatically collected information may constitute Personal Information under certain laws pertaining to data privacy depending on where you live.

Cookies. We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Cookies are small pieces of data, stored in text files that are stored on your computer or other devices when websites are loaded in a browser. They are widely used to “remember” you and your preferences. They ensure a consistent and efficient experience for visitors, and perform essential functions such as allowing users to register and remain logged in. Cookies may be set by the site that you are visiting (known as “first party cookies”), or by third parties, such as those who serve content or provide advertising or analytics services on the website (“third party cookies”). Most modern browsers allow you to change your cookie settings. You can usually find these settings in the options or preferences menu of your browser. To understand these settings, the following links for commonly used browsers may be helpful, or you can use the help option in your browser for more details:
Cookie settings in Internet Explorer
Cookie settings in Firefox
Cookie settings in Chrome
Cookie settings in Safari web and iOS.

If you are primarily concerned about third party cookies generated by advertisers, you may be able to turn these off by going to the Your Online Choices or by visiting the Network Advertising Initiative’s Opt-out page, where you may be able to control third party online advertising. Please note that there are more networks listed on those sites than we may use as part of our Service. Please note that if you disable your web browser’s ability to accept cookies, you will be able to navigate through parts of our Service, but you may not be able to successfully use all of the features of our Service. If you would like to find out more about cookies and their use on the internet, you may find the following links useful:

Microsoft Cookies guide
All About Cookies
Web Beacons. Both websites and HTML emails may also contain other tracking technologies such as “web beacons” or “pixels.” These are typically small transparent images that provide us with statistics, for similar purposes as cookies. They are often used in conjunction with cookies, though they are not stored on your computer in the same way. As a result, if you disable cookies, web beacons may still load, but their functionality will be restricted.
Do Not Track Signals. We do not track users of our Service across third party websites to provide targeted advertising. Accordingly, we do not currently respond or take any action with respect to a web browser’s “do not track” signal or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Information about an individual consumer’s online activities over time and across third party websites or online products/services.
Analytics Service. We may use certain third party analytics services to improve the functionality, features, or delivery of our Service. We may also use these analytics services to record mouse clicks, mouse movements, scrolling activity, as well as any text that you type into our Service. For example, we use Google Analytics on our Service to track user trends and usage. For more information on Google Analytics’ processing of Personal Information as it relates to our Service, please see Google Privacy and Terms. By using a browser plugin provided by Google, you can opt out of Google Analytics.

4. THE PURPOSES FOR WHICH WE USE PERSONAL INFORMATION.

If you submit or we collect Personal Information through our Service, then such Personal Information may be used to:

Provide, analyze, administer, and improve our Service and related services;
Contact you in connection with our Service and in connection with certain other services;
Send you updates and promotional materials that you have registered for;
Perform recruiting or human resources administration;
Protect our rights, our property, or the rights of third parties; and
Ensure the technical functionality and security of our Service.
To manage our text messaging program, including to send you text messages. Your wireless carrier may collect data about your wireless device usage, and its practices are governed by its own policies. Terms and Conditions that apply to our text messaging program can be found here

5. HOW WE DISCLOSE PERSONAL INFORMATION.

In short: We do not sell, lease, rent or otherwise disclose the Personal Information collected from our Service to third parties unless otherwise stated in this Privacy Policy or unless you otherwise consent to us doing so. You can read our CCPA policy here.

The following sets forth when and where we disclose Personal Information collected through our Service:

Third Party Service Providers. We transfer Personal Information to our third party service providers to perform tasks on our behalf and to assist us in providing our Service. For example, we may share your Personal Information with third party service providers who assist us in performing core functions (such as hosting, data storage, and security) related to our operation of our Service and/or by making certain interactive tools available to you as a user of our Service. We also use third party service providers for technical support, application development, tracking and reporting functions, quality assurance, and other services. In the performance of our Service, we may share Personal Information from or about you with these third party service providers so that we can deliver the highest quality user experience. We use commercially reasonable efforts to only engage with third party service providers that post a publicly available privacy notice or Privacy Policy.
De-Identified and Aggregated Information. To better serve you and improve our Service, Fresh N’ Lean may conduct research utilizing certain anonymized Personal Information in statistical form. This research may be compiled and analyzed on an aggregate basis, and we may share this de-identified or aggregated information with our affiliates and third parties with whom we do business. This de-identified or aggregate information does not identify a user personally. Fresh N’ Lean may also disclose de-identified or aggregated information in order to describe our Service to current and prospective third parties with whom we conduct business and to other third parties for other lawful purposes.
Advertisers. From time-to-time, we engage third parties to provide advertising services to assist us in advertising our brand and Service. Those advertising services may target advertisements on third party websites based on cookies or other information indicating previous interaction with our Service.
Third Parties with Whom We Conduct Business. We may conduct business with certain third parties to jointly offer products or services. For example, we may partner with certain food or beverage providers to jointly market our Service to you. In such cases, we may share Personal Information collected in connection with your expression of interest with these third parties with whom we conduct business. We do not control these third parties’ use of Personal Information we collect, and their use of the Personal Information will be in accordance with their own privacy notices or privacy policies.
In the Event of Merger, Sale, or Change of Control. We may transfer or assign this Privacy Policy and any Personal Information to a related or third party entity as part of a merger, acquisition, sale, or other change of control of our business, assets, or stock, including in connection with any bankruptcy or similar proceedings.
Affiliates: We may share your Personal Information with our affiliates, in accordance with this Privacy Policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
Other Users: When you share Personal Information or otherwise interact with public areas of the Company, such Personal Information may be viewed by all users and may be publicly distributed outside the in perpetuity. If you interact with other users of our and register through a social network (such as Facebook), your contacts on the social network will see your name, profile photo, and descriptions of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our site, and view your profile.
Other Disclosures. We may disclose Personal Information if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) detect, prevent, or otherwise address fraud or security issues; or (iii) protect against harm to the rights, property or safety of Fresh N’ Lean, our users, or the public.
· [P1]

6. YOUR CHOICES.

OPT-OUT FROM PROMOTIONAL OR ADVERTISING EMAILS

If you have questions regarding the Personal Information collected via our Service, you may submit an inquiry to [email protected] and we will use commercially reasonable efforts to respond in a timely manner in accordance with applicable laws. You may choose not to receive future promotional or advertising emails from us by selecting an unsubscribe link at the bottom of each email that you receive from us, or by responding to the emails directly and requesting removal if such a link is not available. Additionally, you may send a request specifying your communications preferences to [email protected]. Please note that even if you opt out of receiving the foregoing emails, you cannot opt out of receiving transactional emails related to our Service.

OPT-OUT FROM PROMOTIONAL OR ADVERTISING TEXT MESSAGES OR BY OTHER MEANS AUTOMATED MESSAGES

You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more These messages may use information automatically collected based on your actions while on our sites and may prompt messaging such as cart reminders. To the extent you voluntarily opt to have SMS notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving text messages at any time by texting “STOP” to our text messages. Terms & Conditions and conditions that applies to this can be found here.

7. PARENTS OR LEGAL GUARDIANS.

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Service, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Site. If we learn that Personal Information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us.

8. INTERNATIONAL USERS.

Please note that our Service is directed towards users who reside in the United States. By using our Service, you consent to the collection, storage, processing, and transfer of Personal Information in and to the United States, or other countries and territories, pursuant to the laws of the United States. While some of these countries may not offer the same level of privacy protection as your own, we commit to uphold the privacy protections as explained in this Privacy Policy.

9. RETENTION OF PERSONAL INFORMATION.

We reserve the right to retain any Personal Information as long as the Personal Information is needed to: (a) fulfill the purposes that are described in this Privacy Policy, and (b) comply with applicable law.

10. DATA SECURITY.

The security of Personal Information is important to us. We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Information, we cannot guarantee the absolute security of Personal Information or our Service.

11. NOTICE TO CALIFORNIA CUSTOMERS – YOUR CALIFORNIA PRIVACY RIGHTS

CALIFORNIA’S “SHINE THE LIGHT” LAW, CIVIL CODE SECTION 1798.83, REQUIRES CERTAIN BUSINESSES TO RESPOND TO REQUESTS FROM CALIFORNIA CUSTOMERS ASKING ABOUT THE BUSINESSES’ PRACTICES RELATED TO DISCLOSING PERSONAL INFORMATION TO THIRD PARTIES FOR THE THIRD PARTIES’ DIRECT MARKETING PURPOSES. YOU MAY REQUEST INFORMATION REGARDING OUR SHARING OF PERSONAL INFORMATION WITH THIRD PARTIES FOR THE THIRD PARTIES’ DIRECT MARKETING PURPOSES IN ACCORDANCE WITH THIS LAW AND CCPA.

Our CCPA policy in its whole can be found here

To make such a request, please send an email to: [email protected] or fill out the CCPA request form here.

12. CORRECTIONS AND UPDATES

To make changes to any of your Personal Information, including name, username, password, shipping address, and telephone number, contact us directly at [email protected]. Household members may not make changes to your account information, or cancel or renew your account without your permission.

13. CONTACTING US.

Any comments, concerns, complaints, or questions regarding our Privacy Policy may be addressed to [email protected] or (888) 420-4080.

[P1]Much of this information is already included elsewhere in the privacy notice. We updated S. 4 above to add in use of SMS information, but information collected, security, and cookies are already covered elsewhere (including in the SMS section below)