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Privacy Policy

May 2019

Welcome to the Fresh Meal Plan website, www.freshmealplan.com (the "Site"). We respect your privacy and are committed to protecting it through our compliance with this Privacy Policy (the "Policy"). This Policy describes the types of information Fresh Meal Plan, LLC and our affiliates (together, "Fresh Meal Plan," "us," "we," or "our") may collect from you or that you may provide when you use our Service, our practices regarding the collection, use, and disclosure of personal data when you use our Service, and the choices you have associated with that data.

By using the Service, you agree to the collection and use of information in accordance with this Policy and our Terms of Use. This Policy is incorporated into and subject to our Terms of Use.

1. Definitions

Unless otherwise defined in this Policy, terms used in this Policy have the same meanings as in our Terms of Use. Please refer to our Terms of Use for any terms that are not defined by this Policy.

  • "Collected Information" means information collected by cookies, information collected by us that is provided by Customers or collected by us as Customer Data, Registration Information, Publishing Information, Usage Data, Payment Information, Account Activities Information, Statistical Information, Marketing Information, Disclosed Personal Information and any information we may collect from you, from our affiliates, or from other parties or through any other means.
  • "Customer" means any person, business, or entity that subscribes to (or otherwise accesses or uses) the Service.
  • "Customer Data" means Personal Data a Customer provides to use the Service.
  • "End User" means any individual who interacts with the Service.
  • "End User Data" means Personal Data that an End User provides to use the Service.
  • "Service" means all websites hosted on the Fresh Meal Plan platform, related web sites, downloadable software, social media pages, email systems and messages, mobile applications (including tablet applications), and other services provided by us, or any digital media on which a link to this Policy is displayed, and all other communications with individuals though written or oral means (such as email or phone) directed at accessing or using any service we offer, together with the Site.
  • "Subscriber" means Customer.
  • "Personal Data" and "Personal Information" means any information relating to an identified or identifiable natural person or considered personally identifiable information by applicable law. Personal Data also includes the date of birth, education, and information provided from social media profiles.
  • "Public Area" means those portions of the Service that can be accessed both by End Users and Visitors, without needing to log in.
  • "Restricted Area" means those portions of the Service that can be accessed only by logging in.
  • "Visitor" means an individual other than an End User, who uses the Public Area, but has no access to the Restricted Area.
2. Information We Collect
2.1 Customer, Subscriber, and End User Provided Information.

We collect information about you anytime you use or interact with the Fresh Meal Plan Service. We also collect information to provide and improve our Service to you.

We will collect Personal Data including:

  • "Registration Information": When you register to use our Service, you will be asked to complete a registration process. This process requires providing information such as name, address, phone numbers, email addresses and other Personal Data. This form also requires providing information about your business, if applicable.
  • "Publishing Information": We also collect information you submit through our Site or to us for publication on the Site through the publishing tools there. By submitting Publishing Information, you consent to its publication.
  • "Usage Data": We may also collect information that your browser sends whenever you visit our Service. This may include information such as your computer's Internet Protocol address (i.e., IP address), browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, and the like. Usage Data may also include data about your purchasing patterns, your contact details, and your profile information.
  • In addition to the information we collect from you through the Fresh Meal Plan Service, we may receive information about you from other sources, such as public databases, strategic and joint marketing partners, social media pages and platforms, people with whom you are friends or otherwise connected on social media platforms, as well as from other third parties. For example, if you elect to connect your social media account to your Fresh Meal Plan account, certain information from your social media account may be shared with us, including information that’s part of your profile or your friends’ profiles. We may also collect other Personal Information through the Fresh Meal Plan Service under the direction of our Customers.
  • "Payment Information": We may collect payment information, credit card numbers, expiration dates, and other tracking information from checks, money orders, or other payment information particularly if you establish a credit account with us or our providers or if you purchase a product or service from us, or other vendors available through the Site.
  • "Account Activities Information": We record and retain the records of your account activities when you use the Service. If you make sale and purchase transactions online through the Site, we also collect information related to such transactions including the types and specifications of the goods, pricing and delivery information, and any trade dispute records.
  • "Statistical Information": We gather statistical information about our Site and End Users, such as IP addresses, browser software, operating system, software and hardware attributes, pages viewed, number of sessions, unique visitors and so forth.
  • "Marketing Information": From time to time, we gather information about our End Users and prospective users during trade shows, marketing events, and other functions for follow up marketing purposes.
  • "Disclosed Personal Information": From time to time, our End Users may disclose Personal Data deliberately or inadvertently including without limitation to personal identifiers such as name, email address, telephone number, facsimile number and IP address of individuals in the course of using the Site.
  • When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
2.2 Information Collected by Customers.

An End User may store or upload data into the Service. Each Customer is responsible for providing notice to End Users who are its customers and third persons concerning the purpose for which the Customer collects their Personal Data and how this Personal Data is processed in or through the Service as part of Customer Data.

2.3 Information Collected by Cookies.

We use "cookies" to store specific information about you and track your visits to our Site. It is not uncommon for websites to use cookies to enhance identification of their users. A "cookie" is a small amount of data that is sent to your browser and stored on your computer's hard drive. A cookie can be sent to your computer's hard drive only if you access our Site using the computer. If you do not de-activate or erase the cookie, each time you use the same computer to access our Site, our web servers will be notified of your visit to our Site and in turn we may have knowledge of your visit and the pattern of your usage. We use automatically collected information and other information collected on the Service through cookies and similar technologies to: (i) personalize our Service, such as remembering an End User’s or Visitor’s information so that the End User or Visitor will not have to re-enter it during a visit or on subsequent visits; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of Service and third-party marketing activities; (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (v) track your entries, submissions, and status in any promotions or other activities on the Service. You can learn more about cookies by visiting http://www.allaboutcookies.org.

You can determine if and how a cookie will be accepted by configuring your browser, which is installed in the computer you are using to access the Site. If you desire, you can change those configurations in your browser to accept all cookies, to be notified when a cookie is sent, or to reject all cookies. If you reject all cookies you may be required to re-enter your information on our Site more often and certain features of our Site may be unavailable. Examples of Cookies we may use:

  • Session Cookies. We may use session cookies to operate our Service.
  • Preference Cookies. We may use preference cookies to remember your preferences and various settings.
  • Security Cookies. We may use security cookies for security purposes.
2.4 Categories of Information Actually Collected

In the past 12 months, we have collected all categories of Collected Information and Personal Data listed in Sections 2.1 and 2.3.

3. How We Use Collected Information

We collect Collected Information to provide the Fresh Meal Plan Service to you. If you do not provide or enable us to collect necessary information, we may not be able to provide the Fresh Meal Plan Service. If you disclose any Personal Information relating to other people to us or to our partners in connection with the Fresh Meal Plan Service, you represent that you have the authority to do so and to permit us to use the information in accordance with this Policy.

If we process information based on your consent, you may withdraw your consent at any time.

We may use the Collected Information for various purposes:

3.1 General:

We use your Collected Information to provide functionality for the Fresh Meal Plan Services. Also, we use your Collected Information to improve our marketing and promotional efforts, to statistically analyze site usage, to improve our content and product offerings and to customize our Site's content, layout and Service specifically for you. We may use your Collected Information to provide technical support to Customers or other services to Customers, including but not limited to investigating problems, resolving disputes, and enforcing agreements with us. We may use your Collected Information to facilitate proper operation of our Service and business activities, including without limitation to facilitation the effective communication between buyers and suppliers and marketing activities of Fresh Meal Plan and our Customers.

Collected Information may be transferred, stored, used, and processed outside your home jurisdiction.

Collected Information may be used to provide you with marketing and promotional materials. These may include opportunities for social sharing. We may share this information with other third parties in order to provide the Fresh Meal Plan Services and accomplish our business purposes.

3.2 Registration Information:

We may use your Registration Information to provide services that you request or to contact you regarding additional services about which Fresh Meal Plan determines that you might be interested. Specifically, we may use your email address, mailing address, phone number, mobile number or fax number to contact you regarding notices, surveys, product alerts, new service or product offerings, and communications relevant to your use of our Service. We may generate reports and analysis based on the Registration Information for internal analysis, monitoring, and marketing decisions.

3.3 Publishing Information:

All of your Publishing Information will be publicly available on the Site and therefore accessible by any internet user. Any Publishing Information that you disclose to Fresh Meal Plan becomes public information and you relinquish any proprietary rights (including but not limited to the rights of confidentiality and copyrights) in such information. You should exercise caution when deciding to include personal or proprietary information in the Publishing Information that you submit to us.

3.4 Usage Data:

We use Usage Data to provide value-added services to our Customers including without limitation to providing buying pattern and buying behavioral data to our members to facilitate marketing initiatives and decision-making.

3.5 Payment Information:

Fresh Meal Plan will share your Payment Information with banks or vendors relevant to the transaction in order to enable transactions to be completed. In addition, Fresh Meal Plan may use Payment Information to determine your credit-worthiness and, in the process of such determination, Fresh Meal Plan may make such Payment Information available to banks or credit agencies. While Fresh Meal Plan has in place up-to-date technology and internal procedures to guard your Payment Information against intruders, there is no guarantee that such technology or procedure can eliminate all of the risks of theft, loss or misuse. Fresh Meal Plan shall not be liable to you or any other person for any damages that might result from unauthorized use, publication, disclosure or any other misuse of Payment Information, including credit card information.

3.6 Account Activities Information:

We use Account Activities Information to provide the services that you request. We may also generate reports, statistics and analysis based on Account Activities Information to enhance and improve our Site and Service. We may also use Account Activities Information to determine your credit-worthiness.

3.7 Statistical Information:

We use Statistical Information to help diagnose problems with and maintain our computer servers, to manage our Site, and to enhance our Site and services based on the usage pattern data we receive. We may generate reports and analysis based on the Statistical Information for internal analysis, monitoring and marketing decisions. We may provide Statistical Information to third parties, but when we do so, such information is anonymized, and we do not provide Personal Information without your permission.

3.8 Disclosed Personal Information:

We facilitate electronic commerce between businesses. Should Personal Information be disclosed for business purposes in the course of using our Site and services, such Personal Information may be used to provide value-added services to our Customers to facilitate including without limitation marketing initiatives and contacts. Uses of any Personal Information by any of our Customers are subject to privacy laws in the respective jurisdictions of our Subscribers. Each of our Customers is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that the use of the Fresh Meal Plan Service is complaint with the same. Each of our Customers is expressly prohibited from using any Personal Information for illegal activities including without limitation to spamming.

4. Disclosure of Collected Information
4.1 Unrestricted Information.

Any information that you voluntarily choose to include in a Public Area of the Fresh Meal Plan Service, may be available to any Visitor or End User who has access to the Fresh Meal Plan Service.

4.2 Disclosure to Service Providers and Strategic Partners.

We may provide your Collected Information to our affiliates, partners, and service providers under contract to support the operation of the Site and Service. We work with third-party service providers who provide website hosting, application development, maintenance, and other services for us. These third parties may have access to, or process Collected Data, Personal Data, or Customer Data as part of providing those services for us. We limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and our contracts with them require them to maintain the confidentiality of such information.

4.3 Business Transactions.

If Fresh Meal Plan is involved in a merger, acquisition or asset sale, your Personal Data may be transferred as a result of that merger, acquisition, or asset sale. We will provide notice if your Personal Data becomes subject to a different privacy policy.

4.4 Disclosure for Law Enforcement.

Under certain circumstances, Fresh Meal Plan may be required to disclose or make public Collected Information, including your Personal Data. For example, we may disclose Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation, for example in response to a subpoena or other judicial order or when we reasonably believe that such disclosure is required by law, regulation or administrative order of any court, governmental or regulatory authority.
  • To protect and defend the rights or property of Fresh Meal Plan, LLC, including to identify, contact or bring legal action against someone who may be infringing or threatening to infringe, or who may otherwise be causing injury to or interference with, the title, rights, interests or property of Fresh Meal Plan, our Users, Customers, partners, affiliates, Visitors, or anyone else who could be harmed by such activities.
  • To prevent or investigate possible wrongdoing in connection with the Service.
  • To protect the personal safety of users of the Service or the public.
  • To protect against legal liability.
  • To pursue a claim or prevent further injury to Fresh Meal Plan or others If we have reason to believe that a User is in breach of the Terms of Use or any other agreement with us.
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4.7 Third Party Payment Processors.

Fresh Meal Plan utilizes Authorize.net, a third-party payment processor, and discloses information and data necessary to complete financial transactions. Fresh Meal Plan, LLC is not responsible for data collected and used by Authorize.net. to process your payment. Please review Authorize.net’s Terms of Service (https://www.authorize.net/about-us/terms/) and Privacy Policy (https://www.authorize.net/about-us/privacy/) before submitting any financial information for the purpose of making or processing a payment. From time to time, Fresh Meal Plan may utilize other merchant processors. You may always get updated information on specific processors by email us at teamfresh@freshmealplan.com.

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5. Retention of Data

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Policy, as reasonably necessary to provide, promote and support the Service, or as otherwise required by law. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

6. Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your Personal Data and other personal information.

7. Co-Branded Relationships

We have established relationships with other parties to offer you the benefit of other products and services that we ourselves do not offer. We offer you access to these other parties either through the use of hyperlinks to their sites from our Site, or through offering "co-branded" sites in which both ourselves and these other parties share the same uniform resource locator, domain name or pages within a domain name on the Internet. In some cases, you may be required to submit information for purposes of registering or applying for products or services provided by such third parties or co-branded partners. The privacy policy of such other parties may differ from ours, and we may not have any control over the information that you submit to such third parties or co-branded sites. We therefore encourage you to read that policy before responding to any offers, products or services provided by such other parties.

8. Security of Data

If you are a Customer or End User who has registered with the Service, your Registration Information, Publishing Information and Payment Information (if any) can be viewed and edited through your account, which is protected by a password. We recommend that you do not divulge your password to anyone. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited e-mail. If you share a computer with others, you should not choose to save your login information (e.g., User ID and password) on the computer. Remember to sign out of your account and close your browser window when you have finished your session. If you are an End User or Visitor, please note that no method of transmission over the Internet, wireless transmission, or method of electronic storage is perfectly secure. The security of your data is important to us, and we strive to use commercially acceptable means to protect your Personal Data. However, we cannot guarantee its security.

9. Children's Privacy

Our Service does not address and is not directed towards anyone under the age of 16 ("Children"). We do not knowingly collect personally identifiable information from anyone under the age of 16 without parental consent. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

10. Modifying, Removing, and Deleting Personal Data

We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. You may contact us at privacy@freshmealplan.com to submit a request to correct, remove, or otherwise inquire about the use of your Personal Data.

10.1 Modifying Personal Data.

Whenever made possible, if you have registered to use our Service, you can update your Personal Data directly within your account settings section. If you are unable to change your Personal Data, please contact us to make the required changes.

10.2 Removing Personal Data.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us. If you are not a Customer or End User it is extremely unlikely that we would have your Personal Data. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion). There may also be residual information that will remain within our archives, databases and other records, which will not be removed.

10.3 Other Data Subject Rights.
  • To access and receive a copy of the Personal Data we hold about you
  • To rectify any Personal Data held about you that is inaccurate
  • To request the deletion of Personal Data held about you

Please further note that you may be asked to verify your identity before receiving a response to such requests.

10.4 Rights for California Residents Under the California Consumer Privacy Act of 2018

Under the California Consumer Privacy Act of 2018, effective January 1, 2020, End Users, Visitors, and Customers who are California residents have the following rights:

  • The right to request the following information about what Personal Information we collect about you:
    • categories of Personal Information we have collected about the consumer,
    • categories of courses from which Personal Information is collected,
    • the business or commercial purpose for collecting or selling the Personal Information,
    • categories of third parties with whom we share Personal Information, and
    • the Personal Information that we have collected about you.
  • The right to request the following information about what Personal Information of yours we have sold or disclosed:
    • categories of Personal Information that we have collected about you,
    • categories of Personal Information about you that we have sold and the categories of third parties to whom your Personal Information was sold, by category or categories of Personal Information for each third part to whom your Personal Information was sold,
    • categories of Personal Information that we disclosed about you for a business purpose
  • The right to equal service. We will not discriminate against any End User, Visitor, or Customer who exercise its rights under the California Consumer Privacy Action of 2018.

To submit any of the above-mentioned requests under this Section 10.4, you may contact us at privacy@FreshMealPlan.com, or by calling us at: 561-330-4345.

11. Your California Privacy Rights: Notice to California Customers and Opt-Out Information.

California’s "Shine the Light" law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternatively, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. If you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes offline, please contact us directly at: privacy@FreshMealPlan.com or

12. Opt Out

You may direct requests to opt out of the disclosure or sale of your Personal Information at any time. To opt out, please unsubscribe when you receive an email or send your opt-out request to privacy@freshmealplan.com.

13. Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new privacy policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

14. Contact Us

If you have any questions about this Privacy Policy, please contact us by email at support@FreshMealPlan.com or by visiting this page on our website: https://www.FreshMealPlan.com/privacy.