Fresh Finds ("Company") is an Illinois limited liability company with its principal place of business located at 200 Tri State, Lincolnshire, Illinois 60069. This statement ("Privacy Statement") sets forth the privacy standards that the Company utilizes to collect, retain, and use personal data obtained from individuals on and through its website as defined herein.
You should also review our Terms and Conditions of use of the website, which can be found at Terms & Conditions and is applicable and binding upon you with respect to your use of the website and is incorporated herein.
Please do not visit or use this website from the European Union or European Economic Area, or anywhere else whose laws may conflict with this Privacy Statement; this website is not intended for your use if you are attempting to use from any of these countries and you do not have permission to use the website. Please note that this exclusion is solely because the laws of your country may not conform with our policies as set forth in this Privacy Statement.
1. What Is The Scope Of This Statement?
This Privacy Statement sets forth the principles under which the Company collects, uses, processes, retains, and discloses personal data and/or sensitive data in the United States from individuals, including by and through our website located at www.freshfinds.com (the "website") and information you provide to us based upon information from our website (i.e., if you send us an e-mail at an e-mail address identified on the website). This statement covers information received in electronic or other formats.
The terms "we", "us" and "our" refer to the Company, and its officers, directors, owners, employees and agents.
The term "personal data" means any data which relates to a natural person (as opposed to a business or corporate entity) that makes you identifiable. As used herein and in connection with our business, the term personal data may include:
- Names and contact information, including phone number, physical address, fax and e-mail;
- Social security number or other national identification number;
- Income and other financial data and nationality;
- Credit history and credit scores address;
- Title, position, business/company name;
- Referral source data (i.e., how you ended up at the website);
- Any other similar information provided to us by you or on your behalf in connection with our Services (as defined below).
The term "data controller" means the person or entity which decides the purposes for which, and the way in which, any personal data is processed.
The term "data processor" means the person or entity which processes personal data on behalf of the data controller.
The term "processing" means any operation or set of operations performed on personal data. Processing includes, but is not limited to, the collection of data, the organizing of data, the recording or saving/storage of data, the altering of data, the using of data, the disclosing or transfer of data, the deleting or destruction of data, or the making available of data.
3. What Information We Collect About You
We may collect all types of personal data about you as described in Section 2 above under the definition of "personal data".
You agree that we may collect and process all such personal data that you provide to us to enable us to provide the services (the "Services"). These Services may include:
- Management of the website and all content and services therein.
- The sale or potential sale and/or delivery and/or return of any goods, products or services you purchase or seek to purchase, or return or seek to return, at or through the website.
- Responding to or addressing any questions or inquiries from you or otherwise regarding us, any goods or products we sell, or our website.
You also hereby consent that we may use your personal data for the following additional purposes which may be included in, or part of, the Services:
- Updating our records;
- Monitoring your order history, including items purchased and amount spent;
- Obtaining demographical information of our customers;
- In connection with any application for employment with the Company;
- Internal analysis for our business management purposes;
- Any statutory or regulatory purpose which requires the processing of your personal data;
- Legal and regulatory compliance;
- Fraud and crime prevention;
- Internal or external audits; and
- Any other purpose for which valid consent is obtained.
In addition to the above, we may also collect other data from you which is not personal data, such as information you provide concerning product reviews
Please do not supply the following to us:
- Any other person's personal data, unless the Company explicitly asks you to do so;
- Any categories of your personal data that have not been explicitly requested by the Company;
- Any confidential, proprietary, secret or legally protected information which you are not explicitly requested by the Company to provide; and
- Any confidential, proprietary, secret or legally protected information which are under any legal obligation to not provide to or share with the Company.
4. How We Collect Information About You
We collect information about you (including personal data) when:
- You Give Us Information - You may provide us information when:
- you set up an account with us;
- you provide it to us by filling out forms, including in connection with any online inquiries or the purchase or return of any goods or products from the website;
- you send us e-mail or submit any inquiry on or through the website, including in connection with a "contact customer service" request or inquiry;
- you provide information via phone or in person;
- you provide us with information in writing and send it to us other than via e-mail, phone or in person (i.e., mail, FedEx, etc.);
- you provide us with documentation;
- you provide us with information which may contain personal data;
- you provide us with information in connection with seeking employment with the Company.
- We Collect Information Automatically - We automatically collect certain types of information when you visit our Website (as explained below).
- We Collect Information From Other Sources - We may also obtain information about you from outside sources. For example, we may obtain commercially available information about you from third-parties or purchase e-mail lists from third parties for advertising and marketing purposes. We may also receive information from third-parties who provide services for us through web-beacons and other technologies described in this Privacy Statement.
- A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
- Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
- Cookies do not typically contain any information that personally identifies a user, but personal data that we store about you may be linked to the information stored in and obtained from cookies.
Cookies That We Use
Cookies Used By Our Service Providers And Vendors
- In addition, our service providers and vendors may also use the following types of cookies:
- session cookies - to track the user's shopping cart from page to page on the website. This allows you to hold items in your online shopping cart while you search throughout the website for additional products or information.
- permanent cookies - to keep the user's shopping cart between session. This allows you to leave the website and then return at a later time or date and see what items you had placed in your cart, but did not ultimately purchase. This also allows us to better determine the types of products you are interested in to better serve your needs. These cookies typically expire within 365 days of the last time you visited the website.
- third party cookies - our service providers and vendors may also use all of the types of cookies listed above which are used by the Company for the same purposes.
- You should review the privacy and cookie policies of the above websites to learn more about the cookies that are used in connection with the above.
- You should review the privacy and cookie policies of the above websites to learn more about the cookies that are used in connection with the above.
- Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
- (Chrome) - https://support.google.com/chrome/answer/95647?hl=en;
- (Firefox) - https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences;
- (Opera) - http://www.opera.com/help/tutorials/security/cookies/;;
- (Internet Explorer) - https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies;
- (Safari) - https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac and
- (Edge) - https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy.
- Blocking some or all cookies will have a negative impact upon the usability of many websites, including our website and our services.
- These web beacons and plug-ins are small graphic images (typically that you cannot see) or code on a website or in an email message which are used for such things as recording webpages and advertisements clicked-on by a user, or for tracking the performance of email marketing campaigns. These devices help us analyze our users' online behavior and measure the effectiveness of our website and our marketing.
- We may also work with third-party service providers that help us track, collect, and analyze this information. Third-party entities with whom we have agreements may place these devices on the website and/or in emails to use information obtained from them such as pages viewed, emails opened and items upon which you may click in emails. These third-party providers may also place cookies onto your computer. Those third-party cookies may enable us to obtain aggregate demographic information and user statistics about you and your preferences from these third-party sources as well as our information we have about you. These third-party providers may also use certain transactional data to provide analytics to us to help us better serve our customers. See above for more information on our cookies.
7. Server Logs
- A web "server log" is a record of activity created by a computer that delivers certain webpages to your browser. Certain activities that you perform on our website may record information in server logs. For example, if you enter a search term into a search box located on the website, the server log may record the search term, the link you clicked on to bring you to our website and/or information about your browser, such as your IP address and the cookies set on your browser.
8. Third Party Advertisements
- We may use third party service providers to serve advertisements on our behalf across the Internet and sometimes on this website. These companies may use information (not including your name, address, email address or telephone number) about your visits to this website and other websites in order to provide advertisements on our website, other websites and other forms of media about goods and services of interest to you. This anonymous information is collected through the use of pixel tags or similar technologies which are industry standard technologies used by most major websites, and which are explained in more detail above.
- You can read more about online marketing practices and the technologies that support them by visiting the Network Advertising Initiative's website. If you would like to know your choices about not having this information used by these companies, check out Network Advertising.org.
- In addition, we may from time to time contract with third party vendors to serve advertisements to our customers on our behalf across the Internet or to send our catalogs to customers whom we think may be interested in our Services. To do this, the vendors will collect anonymous information about your visits to our website and your interaction with our Services. This anonymous information is collected through the use of a cookie or pixel tag - industry standard technology used by most major websites, and which is explained in more detail above. No personally identifiable information is to be collected in this process. They may also pool the anonymous information that they collect with other sources of information not collected during your visit to our website, which may include your name and mailing address, for purposes of determining whether you might be interested in receiving a catalog.
If you do not wish for cookies or pixel tags to be placed on your computer, most commercially available web browsers permit you to prevent that from taking place. To opt-out of receiving our catalogs, you may call us at 1-833-241-2648 or direct your opt-out request including the words "Fresh Finds - OPT OUT" in the subject line to us at Privacy@freshfinds.com.
9. How We Use Your Personal Data
- We process your personal data identified in this Privacy Statement to perform the Services as defined above. The legal basis for this processing is your consent set forth herein, as well as our contractual obligations.
- We process your personal data and may disclose same to our affiliate companies, our contractors and our vendors to analyze the effectiveness of our business and so we can provide better and more efficient and desirable services to our customers.
- We may also process your personal data identified in this Privacy Statement where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings, alternative dispute resolution or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
- We may also process your personal data identified in this Privacy Statement where necessary for the purposes of managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
- We may also process your personal data identified in this Privacy Statement where such processing is necessary or advisable for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
10. Providing Your Personal Data To Others
- We may disclose your personal data to our officers, directors, employees, and agents insofar as reasonably necessary for the purposes, and on the legal bases, set out in this Privacy Statement, including to provide or potentially provide Services to you or for your benefit.
- We may disclose your personal data to our professional advisers insofar as reasonably necessary for the purposes of managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings, ADR or in an administrative or out-of-court procedure.
- We may disclose certain of your personal data to vendors and subcontractors to fulfill our Services, including to ship/deliver any goods, products or services you ordered, to address any returned or substituted items, to address any inquiring you submit, and to address any problems or concerns which may arise with you, your order, your inquiries or our Services.
- We may disclose certain of your personal data to vendors and subcontractors to provide you with personalized e-mail marketing, mail catalogs, to offer credit and to provide you with other offers and information we believe you may be interested in.
- We may disclose certain of your personal data to the suppliers and subcontractors pursuant to separate consent provided by you to us.
- The foregoing disclosures are made insofar as reasonably necessary, and only to the extent required, for assisting us in providing our Services to you, storing data and in connection with the administration of our business.
- In addition to the specific disclosures of personal data set out in this Section 9, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings, alternative dispute resolution, or in an administrative or out-of-court procedure.
11. Transfers Of Your Personal Data
- By providing your personal data to the Company and using our Services (including making purchases), you are agreeing to the transfer and processing of your personal data to and in the United States in accordance with this Privacy Statement.
12. Retaining And Deleting Personal Data
- It is generally not possible for us to specify in advance the periods for which your personal data will be retained. Rather, we will determine the period of retention based upon the performance of our Services, your use of the website, and any applicable industry and governmental standards.
- We may also retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
- We may update this Privacy Statement from time to time by publishing a new version on our website.
- You should check this page occasionally to ensure you are happy with any changes to this Privacy Statement.
- We may notify you of significant changes to this Privacy Statement by email or through the private messaging system on our website.
14. Your Choices About Information We Collect
- If you do not consent to the way in which we may use your personal information, please do not submit any personal information to us. Please note that if you do not provide us with certain personal information, the Company may be unable to provide you with its Services, or those Services may not be as good as they otherwise could be.
- If you do not wish to receive emails about special offers and other promotions from us, click the unsubscribe link located in our emails, Click Here or do not click to agree to receive such e-mails on the website or when ordering from us. If you do not wish to receive other marketing materials from us and/or if you do not want us to share your personal information with other entities as stated in this Privacy Statement, please provide us with your exact name and address and advise us that you wish to opt-out for information sharing or receiving information from us or both as the case may be. Please direct your opt-out request including the words "Fresh Finds - PRIVACY" in the subject line to the following contacts:
200 Tri State, Lincolnshire
Attention: Privacy Agent, Privacy@freshfinds.com
With a copy (including the words "Fresh Finds - PRIVACY" in the subject line) to:
422 Morris Avenue
Summit, NJ 07901 (United States)
Attention: Michael J. Feldman, Esq.
- Please note that de-identified and aggregate data including your personal information may still be shared, but it will not be identified or identifiable to you.
15. Privacy Of Children Who Visit The Website
We recognize the importance of children's safety and privacy. The website is not designed to attract children, and is not intended for use by any children under the age of 18. We do not request, or knowingly collect, any personally identifiable information from children under the age of 18. If you are under age 18, you do not have permission to use this website or our Services.
16. Your California Privacy Rights
- We collect various types of personal information about you during the course of your relationship with us. Under California law, if you are a resident of California, you may make a written request to us about how we have shared your information with third parties for their direct marketing purposes. In response to your written request, we are allowed to provide you with a notice describing the cost-free means to opt-out of our sharing your information with third parties with whom we do not share the same brand name, if the third party will use such information for its direct marketing purposes.
- If you would like to exercise your rights under California law, please send your written request to the e-mail address or postal address below. Please include your postal address in your request. Within thirty (30) days of receiving your written request, we will provide you with a Third Party Direct Marketing Opt-Out Form so you may request that your personal information not be disclosed to third parties for their direct marketing purposes.
Privacy@freshfinds.com, with the words "Fresh Finds
- CALIFORNIA OPT-OUT" in the subject line
200 Tri State, Lincolnshire
Attention: Privacy Agent
"Fresh Finds - CALIFORNIA OPT-OUT" in the subject line