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FreshDirect Privacy Statement

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Last Updated: December 14, 2022

Fresh Direct, LLC ("FreshDirect," "we," "us," or "our") respects your concerns about privacy. This Privacy Statement describes the types of personal information we collect, how we use the information, with whom we may share it and the choices available to you regarding our use of the information. We also describe measures we take to protect the security of the information and how you can contact us about our privacy practices.

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Information We Obtain

We obtain personal information about you in various ways, such as when you visit our website or use our mobile app (collectively, the "Services"). We also may obtain personal information about you offline, such as when you call, mail or visit one of our events. The types of personal information we may obtain include:

  • Contact information, such as name, telephone number and postal and email address;
  • Account information, such as login information, account preferences and other account details;
  • Payment information, including name, billing and delivery address, and payment card details;
  • Transaction and information, such as purchase history;
  • Demographic information and interests, such as household income and shopping preferences;
  • Geolocation information;
  • If you use a third party login to create your FreshDirect account (such as Facebook Connect) or otherwise link to us, we may receive certain information about you from the third party (such as a social network). This Privacy Statement does not cover the privacy and security practices of these social media sites;
  • Information you provide when you interact with our social media pages, such as Pinterest, Facebook, TikTok, Instagram, Twitter and YouTube, which may include your name, profile picture, social media handles, email address, gender, age group, networks, friends list, language, birthday, education, work history, interest and likes. In some instances, we may communicate with you through these social media pages and may collect the information that you provide in response to such communications. We may combine this information with the information we collect from and about you; and
  • Other information you choose to provide, such as through emails or other communications, the chat feature on the site or app, surveys, registrations and sign-up forms.

When you use our Services or open our emails, we may obtain certain information by automated means, such as cookies, pixel tags, server or device logs and other technologies. A "cookie" is a text file that websites send to a visitor's device to uniquely identify the visitor's browser or to store information or settings in the browser. A "pixel tag" (also known as a web beacon), which is a type of technology that is often used in combination with cookies, is placed on a website or within an email to track certain activity, such as views of a website or when an email is opened. These technologies help us (1) remember your information so you do not have to re-enter it; (2) track and understand how you use and interact with the Services; (3) tailor the Services around your preferences; (4) measure the usability of the Services and the effectiveness of our communications; (5) authenticate your identity, protect against fraud and provide our products and services; and (6) otherwise manage and enhance our products and services, and help ensure they are working properly.

We may use these automated technologies on the Services to collect information about your device, browsing actions, and usage patterns. We obtain information about your device and web browser in this manner such as your device IP address, general location information, unique device identifiers, device type and model, device characteristics and settings, browser settings and characteristics, operating system type and version, language and country preferences, battery and signal strength, usage statistics, referring emails and web addresses, other behavioral and technical data attributes, and other application details. We also may obtain information about your interactions with or navigation of our Services, such as pages visited, links clicked, features used, dates and times of usage, session information, actions you take on our Services, and other information about your use of our Services.

Your browser may tell you how to be notified about certain types of automated collection technologies and how to restrict or disable them. Please note, however, that without these technologies, you may not be able to use all of the features of the Services. For mobile devices, you can manage how your device and browser share certain device data by adjusting the privacy and security settings on your mobile device.

In addition, we may collect your device's geolocation information through GPS, Bluetooth, WiFi signals and other technologies. Your device's operating platform may provide you with a notification when the app attempts to collect your precise geolocation. Please note that if you decline to allow the app to collect your precise geolocation, you may not be able to use all of the Services' features or the offers available through the Services.

How We Use the Information We Obtain

We may use the personal information we obtain to:

  • Provide our products and services and manage your accounts;
  • Process and fulfill orders, including payment transactions;
  • Manage delivery services;
  • Facilitate gift card purchases;
  • Communicate with you (including to send newsletters, emails or other marketing communications), respond to inquiries and offer customer support;
  • Personalize your experience with our products and services and tailor our communications to you;
  • Performing statistical analyses of our products and services;
  • Advertise and market our products and services;
  • Offer coupons, promotions or other discounts;
  • Administer participation in surveys, sweepstakes, promotions or other programs;
  • Perform analytics and market, trend or statistical research;
  • Compile, anonymize or aggregate personal data for our business purposes;
  • Operate, evaluate and improve our business (including improving the Services; improving and developing new products and services; improving and analyzing our products and services; managing our communications; and performing accounting, auditing and other internal functions);
  • Maintain and enhance the safety and security of our products and services, prevent misuse and troubleshoot technical issues, including by detecting, preventing and addressing technical issues and misuse of the services;
  • Verify your identity and protect against theft, fraud and other criminal activity, claims and other liabilities; and
  • Exercise our rights and remedies and defend against legal claims and resolve disputes;
  • Comply with and enforce applicable legal requirements, relevant industry standards and FreshDirect policies, including the program's Terms & Conditions.

We also may use the information in other ways for which we provide specific notice at the time of collection.

Third-Party Analytics Services

We may use third-party analytics services on the site, such as Google Analytics. The providers of these analytics services use technologies such as cookies and web beacons to help us analyze your use of the Services. The information collected through these means may be disclosed to or collected directly by these services. To learn more about Google Analytics, please visit https://www.google.com/policies/privacy/partners/.

We also use a third-party session replay service provided by Contentsquare that records users' interactions with our Services, including users' clicks, mouse movements and scrolls. To learn more about Contentsquare, please visit https://contentsquare.com/privacy-policy/.

Interest-Based Advertising

You may see our ads on other websites because we use third-party ad services on our Services. Through these ad services, we can tailor our messaging to individuals considering demographic data, inferred interests and browsing context. These ad services track information about your online activities over time and across third-party websites and apps by collecting information through automated means, including through the use of cookies, web server logs, web beacons and other similar technologies. We also may use application programming interfaces to interact with these ad services. These ad services may collect data about your visits to websites and apps that participate in these services, such as the pages or ads you view and the actions you take on the websites or apps. This data collection takes place both on our Services and on third-party websites and apps that participate in these ad services. These ad services use this information to show you ads that may be tailored to your individual interests. This process also helps us track the effectiveness of our marketing efforts. Our Services are not designed to respond to "do not track" signals from browsers.

To learn how to opt out of interest-based advertising in the U.S., please visit www.aboutads.info/choices, www.networkadvertising.org/choices/, and http://preferences-mgr.truste.com/.

Information We Share

We may share all categories of personal information we obtain about you with certain third parties as described in this Privacy Statement or as otherwise described to you at the point of collection. We also may share personal information we obtain about you at your request.

We may share information we obtain about you with third parties that perform services on our behalf. Examples of these third parties include entities that assist us in:

  • Administering our rewards program;
  • Responding to your requests;
  • Delivering customized promotions and advertising to you, which may include the third parties combining the personal information they capture with other information they maintain;
  • Performing statistical analyses of our services, including through session replay; and
  • Providing customer support (including through live chat features).

We may share the information we obtain about you with our select partners, affiliates, and other third parties that we believe may have offers of interest to you. We may also share your personal information with social media platforms if you use those services to connect with us.

We may disclose personal information (1) if we are required to do so by law or legal process, such as a court order or subpoena; (2) in response to requests by government agencies, such as law enforcement authorities; (3) to establish, exercise or defend our legal rights; (4) when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss; (5) in connection with an investigation of suspected or actual illegal activity or (6) otherwise with your consent or as directed by your representative.

In addition, we reserve the right to transfer to relevant third parties the personal information we have about you in the event of a potential or actual sale or transfer of all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution, or liquidation), or other business transaction. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use personal information provided through the Services in a manner that is consistent with this Privacy Statement.

Your Rights and Choices

We offer you certain choices in connection with the personal information we collect from you. To update your preferences, limit the communications you receive from us (such as product information, product samples, or promotional mailings/emails), or submit a request, please contact us as indicated in the How To Contact Us section of this Privacy Statement. In addition, users of the Services are given the opportunity to opt out of having their information used for purposes not directly related to placement, processing, fulfillment or delivery of a product order at the point where we ask for the information. Also, if any of your personal information changes, or if you no longer desire to use the Services, we can correct, update, or remove the personal information provided to us. This can be done by sending an email with your new information to service@freshdirect.com, and specifying the information to be corrected, updated, or removed. Please do not send credit or debit card information via email. You also may update certain of your account details and settings by logging into your account on the Services. You can also unsubscribe from our marketing mailing lists by following the "Unsubscribe" link in our emails.

How We Protect Personal Information

We maintain administrative, technical and physical safeguards designed to protect personal information against accidental, unlawful or unauthorized access, destruction, loss, alteration, disclosure or use.

Children's Privacy

The Services are designed for a general audience and are not directed to children. In connection with the Services, we do not knowingly solicit or collect personal information from children under the age of 13 without parental consent. If we learn that we have collected personal information from a child under age 13 without parental consent, we will either seek parental consent or promptly delete that information. If you believe that a child under age 13 may have provided us with personal information without parental consent, please contact us as specified in the How To Contact Us section of this Privacy Statement.

For your convenience and information, the Services may provide links to other online services (such as websites or social media platforms), and may include third-party features such as apps, tools, widgets and plug-ins. These online services and third-party features may operate independently from us. The privacy practices of the relevant third parties, including details on the information they may collect about you, are subject to the privacy statements of these parties, which we strongly suggest you review. To the extent any linked online services or third-party features are not owned or controlled by FreshDirect, we are not responsible for these third parties' information practices.

Updates to Our Privacy Statement

We may update this Privacy Statement from time to time and without prior notice to you to reflect changes in our personal information practices. We will indicate at the top of the statement when it was most recently updated.

How to Contact Us

You can update your preferences, ask us to remove your information from our mailing lists, submit a request or ask us questions about this Privacy Statement by emailing us at service@freshdirect.com, calling us at 1-866-511-1240 or writing to us at:

Fresh Direct, LLC
2 St Ann's Ave.
Bronx, NY 10454
Attention: Customer Service

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