Your Privacy

The FruitGuys® Privacy Policy

Effective Date: 12/22/2023

Welcome to The FruitGuys® website (the “Website”). We are committed to privacy and transparency. While this may not be the most exciting read, we think it is important that you have clear information about our information practices and the rights and choices you have regarding your personal information. This Privacy Policy (our “Privacy Policy”) describes how we and our subsidiaries and affiliates (“The FruitGuys®”, “we”, “us’, or “our”) collect, use and disclose the personal information we collect about individuals who (i) access or use our Website, our mobile application(s) (“App”), and other services we provide (collectively the Website, App and services are the “Services”), or (ii) otherwise provide information to us. It also explains the rights and choices you have regarding your personal information.

Your use of our Services, and any dispute over privacy, is subject to this Privacy Policy and our respective terms of use (the “Terms”), between you and The FruitGuys®. The applicable Terms are incorporated by reference into this Policy, including their applicable limitations on liability and the resolution of disputes. By registering for an account with us, providing your information to us through the Services, or otherwise using the Services, you understand and agree that The FruitGuys® may process your personal information in accordance with this Privacy Policy and the applicable Terms.

We reserve the right to update, change, modify, or otherwise alter this Privacy Policy at any time. If any material changes are made to this Privacy Policy, we will notify you by posting the revised Privacy Policy on the Website or notify you through the Website.

Accordingly, we encourage you to periodically review this Privacy Policy in order to keep apprised of our current privacy practices. If you do not agree to our privacy practices as detailed here, please do not use this Website. In conjunction with this Privacy Policy, you should also review our Terms of Use for a more complete understanding of the rules governing our Website, products, and services.

Privacy Notice for California Residents

If you are a California resident, please be sure to review the “Additional Information for California Residents” below for important information about our privacy practices and your rights under California privacy laws.

Information We Collect

The actual personal information we collect and how we collect and use it varies depending upon the nature of our relationship and interactions with you. Also, in some cases (such as where required by law), we may ask for your consent or give you certain choices prior to collecting or using certain personal information.

Information We Collect Directly from You. In general, we may collect the following personal information directly from you:

Account registration: to access certain Services, you may need to create an account with us, providing us with your name, email address, company name, company address, home address, shipping address, and telephone number. Certain Services may not be available if you decline to provide required information. We may also ask you or allow you to submit certain optional personal information, such as your account preferences and other profile information.
Purchases and payments information: if you make a purchase or sign up for certain subscription-based Services, you are required to provide your payment information, including name, email address, billing and shipping address and details, payment type, as well as credit card number or other payment account details. We work with third parties such as payment processors and fulfillment partners to process these payments. We do not collect, receive, process or store credit card or debit card numbers; this information is collected directly by these third parties. Depending upon the Service, we may receive information regarding your name, email address, the payment type, product(s) or service(s), and other transaction details, and maintain records of your purchase and subscription history. If you purchase a gift, we will also collect recipient name and contact details, as well as any message or delivery instructions you provide.
Your Communications: when you email us, call us, engage with our chat function, or otherwise send us communications regarding the Services (for example if you’d like to make an exchange or return a product), we collect and maintain a record of your contact details, communications and our responses.
Marketing, contest, and promotions: you may choose to sign up to receive direct marketing communications from us, including emails about our products and services. If you agree to receive direct marketing communications from us, we collect your email address, and we may also collect your name, preferences, and if relevant, information about your account and the Services. We may also collect your name, age, phone number, email address, home address, preferences, and other information related to contests, sweepstakes or other events or activities on our Website and social media channels.
Surveys: from time to time, we may contact you to participate in online surveys, product or service reviews. If you do decide to participate, you may be asked to provide certain information which may include personal information. All information collected from your participation in our surveys or interviews is provided by you voluntarily. We may use such information to improve our products and Services.

Information We Collect from Third Parties. We may collect and receive personal information about you from third party sources, including:

Third party partners: through third-party services and organizations, which we may combine with the personal information provided by you. For example, we may collect information from third-party social media services, such as Facebook or Twitter, related to comments, mentions and other content that is posted about us on third-party platforms and other social media sites or other public channels. The information collection and sharing practices of these third parties are subject to their respective terms and conditions and privacy policies. In addition, we may receive personal information from third-party business relationships, ad networks, analytics providers and others who we work with to deliver, improve and measure our online advertising and marketing campaigns.
Service providers: vendors, we work with and who provide services to us or to you on our behalf (such as payment processors, cloud hosting and services providers).
Leads and Referrals: professional contact details, demographics, and similar lead and prospect information from data brokers, public records, affiliated companies, and through referral programs, such as when your contact information is provided to us by third parties as part of our referral program, including through a (joint) marketing promotion or third-party business relationship.

Other Information We Collect Automatically Through Our Services. We may also collect personal information about how you use the Services (e.g., by using cookies and pixel tags), such as IP address, advertising ID, location information, browser type, device type, domain name, the website that led you to our Services, the website to which you go after leaving our Services, the dates and times you access our Services, and the links you click and your other activities within the Services. We may also use pixels in HTML emails to understand if individuals read the emails, we send to them. We may combine this information with other information that we have collected about you, including, where applicable, your name and other personal information. (For more information, see the “Cookies and Tracking Information”).

How We Use the Information We Collect

We collect, use, and otherwise process your personal information for the below commercial or business purposes. While the purposes for which we may process personal information will vary depending upon the circumstances, in general we use personal information as described below:

To send you information and newsletters and/or communicate promotional offers that may be of interest to you about the The FruitGuys® or select third parties’ products
To process and fill your orders, contact you concerning the status of an order, answer questions, respond to your inquiries or requests, or otherwise contact and communicate with you when necessary
To contact you regarding the processing of your order
To improve our products and services, including to better understand how you access and use our Services, to evaluate and improve our products and Services and business operations, and to develop new products and Services; to conduct surveys and other evaluations (such as customer satisfaction surveys); and for other research and analytical purposes.
To personalize and improve our services and Website, and allow you to set up a user account and profile that can be used to personalize your experience in using our services and Website
To provide you with a streamlined checkout experience
For lead generation purposes and to connect you with our third party partners
To provide you with targeted offers and advertising on the Website, through other websites or via direct mail, email, text message, or push notifications, and to contact you about upcoming The FruitGuys® promotions, offers, and product information
To help us learn more about our Website visitors and customers, and to improve their shopping experience and our business
To develop new products and services
To research and address any problems with our Website, business, and our products and services
To protect the security or integrity of the Website and our business
Otherwise, as described to you at the point of collection
To administer promotions and contests. Participation in contests is subject to the rules governing that specific promotion. The information we collect may be used to conduct the promotion and for other business purposes which may include marketing and may be shared with our affiliates, vendors, or third parties in accordance with this privacy policy and the applicable rules.
To secure and protect our business, including to protect and secure our business operations, assets, Services, network, and information and technology resources; to investigate, prevent, detect and take action regarding fraud, unauthorized access, situations involving potential threats to the rights or safety of any person or third party, or other unauthorized activities or misconduct.
To defend our legal rights, including to manage and respond to actual and potential legal disputes and claims, and to otherwise establish, defend, or protect our rights or interests, including in the context of anticipated or actual litigation with third parties.
In support of our internal business operations, including relating to financial, tax and accounting audits; audits and assessments of our operations, privacy, security and financial controls, risk, and compliance with legal obligations; our general business, accounting, record keeping, and legal functions; and related to any actual or contemplated merger, acquisition, asset sale or transfer, financing, bankruptcy, or
To comply with our legal obligations, including to comply with the law, our legal obligations and legal process, such as warrants, subpoenas, court orders, and regulatory or law enforcement requests.

How We Disclose Information

We may disclose the personal information we collect as set forth in this section.

Service providers: to third-party service providers to provide us with services such as website hosting, payment processing services, and postal services.
Business and marketing partners: to provide referrals to our affiliated companies and third party partners, including marketing partners. For example, we my share your name, email address, or demographic information with these third parties, so that they may contact you regarding goods or services that may be of interest to you. If you prefer that we not share this information, please follow the instructions in “Your Choices” below.
Advertising and analytics partners: to third parties that provide advertising, campaign measurement, online and mobile analytics, and related services to us. They may use this information to help us better reach individuals with relevant ads and to measure and improve our ad campaigns, or to better understand how individuals interact with our Services. In addition, these third parties may combine the information collected from us and our Services with information collected about you from third-party sites, apps and services, in order to make inferences about you and your interests, to better tailor advertising and content to you across multiple sites, apps, and services, and to collect associated metrics.
Corporate transactions and restructuring: in connection with planning, due diligence, negotiation and implementation of an actual or potential corporate reorganization, merger, sale, joint venture, transfer, investment transaction, or other disposition of all or any of our business, including in connection with any bankruptcy or similar proceedings.
Legal obligations: as we deem necessary or appropriate under applicable laws, to respond to requests from public and government authorities including public and government authorities outside of your country of residence, to comply with court orders and other legal processes, to legally protect the rights, property, or safety of The FruitGuys®, our users, or others, and to enforce our Terms of Use or other agreement with you.
To protect us and others: when we believe it is appropriate to do so to investigate, prevent, or take action regarding illegal activity, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms, or as evidence in litigation in which we are involved.
Consent: otherwise if you have consented to it.

We may also share and cross-reference our customer, lead and prospect information, such as your name and professional contact details, with other companies that provide goods or services that may be of interest to you. If you prefer that we not share this information, please follow the instructions in the Section “Your Choices” below.

We may also use and disclose aggregate, anonymous, and other non-identifiable data related to our business and the Services for quality control, analytics, research, development and other purposes. Where we use, disclose or process de-identified data (data that is no longer reasonably linked or linkable to an identified or identifiable natural person, household, or personal or household device) we will maintain and use the information in deidentified form and not to attempt to reidentify the information, except in order to determine whether our deidentification processes are reasonable and adequate pursuant to applicable privacy laws.

Your Choices

In this section we describe the choices you have regarding our collection, use, and handling of your personal information.

Access, amendment and deletion. You may request to review, make amendments, have deleted, or otherwise exercise your rights, under applicable privacy laws, over your personal information that we hold, subject to certain limitations under applicable law. You may access and amend certain information in your account or by submit a request to us related to your personal information by emailing us at privacy@fruitguys.com. Please note that we may maintain copies of information that you have updated, modified, or deleted, in our business records and in the normal course of our business operations, as permitted or required by applicable law. Your access to or correction of your personal information is subject to applicable legal restrictions and the availability of such information. Further, we may take reasonable steps to verify your identity before granting such access or making corrections.

Marketing Choices. If you prefer not to receive offers, emails, or other marketing communications from The FruitGuys® or one of our brands you may unsubscribe at anytime by using the unsubscribe link provided in such communications or by emailing Customer Service at privacy@fruitguys.com. If you opt out of receiving marketing email, we may continue to send you transactional emails, such as regarding your order confirmation and shipment notification when you place an order with us.

Browser settings. If you wish to prevent cookies from tracking your activity on our website or visits across multiple websites, you can set your browser to block certain cookies or notify you when a cookie is set; you can also delete cookies. The Help portion of the toolbar on most browsers will tell you how to prevent your device from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to delete cookies. Visitors to our Services who disable cookies will be able to browse the Websites, but some features may not function.

Cookie Preference Manager. You can review or change your preferences for targeting cookies and tags on our Websites by adjusting your cookie settings via our Cookie Preference Manager. These settings are browser and device specific.

If you are a California resident, please see the section “Additional information for California Residents” below for information regarding additional rights you may have under California law.

Cookies and Other Online Tracking Information

Our websites may use first party and third-party cookies, pixel tags, plugins and other tools (collectively referred to as “cookies”), which are used in order to operate, secure and ensure the proper functionality of the websites and are otherwise necessary to the operation of the website. On some of our websites, we may also use these tools to gather device, usage, and browsing information in order to personalize and improve your experience while using the websites, to improve and measure our advertising campaigns and to better reach users with relevant advertising both on our Websites and on third-party websites. A cookie is a piece of data stored on your hard drive that contains information about your computer. Cookies may be used to enable us to track and target your interests for the purpose of enhancing your experience on our Websites. Some cookies are deleted once you leave our Website (“Session cookies”) while other cookies remain after you leave our Website (“Persistent cookies”) so that you are recognized when you return to the Website. Some cookies allow us to make it easier for you to navigate our website, while others are used to enable a faster log-in process or to allow us to track your activities while using our website. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Some of the services may not work properly if you disable cookies. Please note, that your preferences are applied on a browser and device basis. So, you will need to set your cookie preferences for each browser and device you use to access certain of our websites. Further, if you subsequently delete cookies, your preferences may be lost and need to be reset. If you reject certain cookies, you may still browse our Website; however, you may not be able to purchase or have access to all of our services.

We may use third-party service providers to serve ads on our behalf across the Internet and sometimes on this Website. These companies may collect information about your online activities over time and across different websites when you use our site and use such information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services. This information is collected through the use of pixel tags or cookies.

Children’s Privacy

Our Website is not targeted at minors under the age of 18, and we do not knowingly collect information from individuals under the age of 18. If you think we have collected information from a minor, please email us at privacy@fruitguys.com and we will take steps to delete such information.

Security

The FruitGuys® has implemented certain physical, administrative, and technical security measures which are intended to protect the personal information we collect against the loss, misuse, or alteration of the information you provide.

However, we cannot guarantee the security of any information you transmit to us and therefore you use our websites at your own risk

You should ensure that there is no unauthorized access to your account information by limiting access to your computer (or other device) and browser by signing off after you have finished accessing your account.

You play a significant role in protecting your information. After you register on our website you are responsible for protecting the security of your account and password. You are responsible for any transaction made using your account and password.

Links to Other Sites

Our website may contain links to other third-party sites over which we have no control. Privacy policies on such linked sites may be different from our privacy policy. We encourage you to review the privacy policy at any site you visit.

Notification of Changes

The use of your information is subject to the privacy policy in effect at the time of use. We may amend this Privacy Policy from time to time. We post the current effective date above. If we make material changes to this Privacy Policy, we will post such as a revised privacy policy with a new effective date on our websites, and endeavor to notify you at the email address we have on file for you. We encourage you to review our privacy policy periodically, because by visiting our website you agree to accept any such changes.

Contact Us

We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue to privacy@fruitguys.com or write to us at:

The FruitGuys
901 Sneath Ln, Ste 210
San Bruno, CA 94066

(877) FRUIT-ME (877-378-4863)

Additional information for California Residents

This subsection provides California residents with additional information regarding our collection, use and disclosure of their personal information, as well as their privacy rights, under California privacy laws.

In this section, we provide additional information to California residents about how we handle their personal information, as required by the California Consumer Privacy Act (“CCPA”). This section does not address or apply to our handling of publicly available information or other personal information that is exempt under the CCPA

Categories of Personal Information Collected and Disclosed. While our processing of personal information varies based upon our relationship and interactions with you, the table below identifies, generally, the categories of personal information (as defined by the CCPA) that we have collected about California residents, as well as the categories of third parties to whom we may disclose this information for a business or commercial purpose.

Sales and Sharing of Personal Information. The CCPA defines a “sale” as disclosing or making available to a third party personal information in exchange for monetary or other valuable consideration and “sharing” broadly as disclosing or making available personal information to a third party for purposes of cross-context behavioral advertising. While we do not disclose personal information to third parties in exchange for monetary compensation from such third parties, we do disclose or make available certain categories of personal information to third parties in order to receive certain services or benefits from them, such as when we make browsing history available to third-party ad companies (through third-party tags on our Website) in order to improve and measure our ad campaigns and reach individuals with more relevant ads and content. As defined by the CCPA, we may “sell” or “share” Identifiers and Internet and electronic network activity information to third-party advertising networks, analytics providers, and social networks. We do so in order to [improve and evaluate our advertising campaigns and better reach customers and prospective customers with more relevant ads and content]. We do not sell or share sensitive personal information, nor do we sell or share any personal information about individuals who we know are under sixteen (16) years old.

Sources: We collect the above categories of personal information, for the purposes described further above, from the following sources:

Directly from you
Our affiliates and subsidiaries
Service providers and vendors
Data analytics providers
Third party partners, including referrals and marketing partners
Third party sites and services and platforms
Advertising networks
Social networks
Internet Service Providers
Operating systems and platforms
Referrals
Individuals who purchase a gift for you

Purposes of Collection, Use and Disclosure. As described further above in more detail, we collect, use, disclose and otherwise process the above personal information for the following business or commercial purposes and as otherwise directed or consented to by you:

Services and support
Analytics and improvement
Customization and personalization
Marketing and advertising
Loyalty/rewards program
Planning and managing events
Research and surveys
Lead generation
Security and protection of rights
Legal proceedings and obligations
General business and operational support
In support of business transfers (e.g., if we are acquired by other company)

Sensitive Personal Information. Notwithstanding the above, we only use and disclose sensitive personal information as reasonably necessary (i) to perform our services requested by you, (ii) to help ensure security and integrity, including to prevent, detect, and investigate security incidents, (iii) to detect, prevent and respond to malicious, fraudulent, deceptive, or illegal conduct, (iv) to verify or maintain the quality and safety of our services, (v) for compliance with our legal obligations, (vi) to our service providers who perform services on our behalf, and (vii) for purposes other than inferring characteristics about you. We do not use or disclose your sensitive personal information other than as authorized pursuant to section 7027 of the CCPA regulations (Cal. Code. Regs., tit. 11, § 7027 (2022)).

Retention. We retain the personal information we collect only as reasonably necessary for the purposes described above or otherwise disclosed to you at the time of collection. For example, we will retain transactional data for as long as necessary to comply with our tax, accounting and recordkeeping obligations, administer applicable returns and warranty programs, and for research, development and safety purposes, as well as an additional period of time as necessary to protect, defend or establish our rights, defend against potential claims, and comply with legal obligations.

California Residents’ Privacy Rights.

Under the CCPA, California residents have the following rights (subject to certain limitations):

- - Opt out of sales and sharing: The right to opt-out of our sale and sharing of your personal information.
  - Limit uses and disclosure of sensitive personal information: the right to limit our use or disclosure of sensitive personal information to those authorized by the CCPA. However, as noted above, we do not use or disclose your sensitive personal information other than as authorized pursuant to the CCPA.
  - Deletion: the right to the deletion of your personal information that we have collected, subject to certain exceptions.
  - To know/access. The right to know what personal information we have collected about you, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information we have collected about you.
  - Correction. The right to correct inaccurate personal information that we maintain about you.
  - Non-discrimination. The right not to be subject to discriminatory treatment for exercising your rights under the CCPA.

Submitting Requests to Know, Correct and Delete. Requests to Know and Requests to Delete may be submitted by email, the form below or phone via our toll-free number:

- Phone: (877) FRUIT-ME (877-378-4863) toll free
- Email: privacy@fruitguys.com

Submitting Requests to Know, Correct and Delete

When you submit a request to know or a request to delete, we will take steps to verify your request by matching the information provided by you with the information we have in our records. You must provide us with adequate information in order for us to verify your access to the registered email address for your account, in order to verify your request. In some cases, we may request additional information in order to verify your request or where necessary to process your request. If we are unable to adequately verify a request, we will notify the requestor. Authorized agents may initiate a request on behalf of another individual by contacting us in writing at the contact information set forth above, in the Section Contact Us; authorized agents will be required to provide proof of their authorization and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent. We will respond to verifiable requests received from California residents as required by law.

Requests to Opt Out. California residents may exercise their right to opt out of sale and sharing online via our Cookie Preferences , accessible via the “Do Not Sell or Share My Personal Information” link in the footer of our Website. In addition, our website responds to global privacy control—or “GPC”—signals, which means that if we detect that your browser is communicating a GPC signal, we will process that as a request to opt that particular browser and device out of sales and sharing via cookies and tracking tools on our Website. Note that if you come back to our Website from a different device or use a different browser on the same device, you will need to opt out (or set GPC for) that browser and device as well. More information about GPC is available at: https://globalprivacycontrol.org/.

Do-Not-Track. We currently do not employ technology that responds to “do-not-track” signals from your browser.

Right to Non-Discrimination. The CCPA prohibits discrimination against California residents for exercising their rights under the CCPA. Discrimination may exist where a business denies or provides a different level or quality of goods or services, or charges (or suggests that it will charge) different prices, rates, or penalties on residents who exercise their CCPA rights, unless doing so is reasonably related to the value provided to the business by the residents’ data.

Your Rights Under California’s Shine-the-Light Law. If you are a California resident and you still believe your information has been shared online with unaffiliated third parties for their own direct marketing purposes, or you have general questions about how your information may have been shared, you may contact us by requesting a list of the third parties to which we have disclosed personally identifiable information about you for their own direct marketing purposes. You may make one request per year. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us via the contact details set out in the Section Contact Us above.

For more information about our privacy practices, you may contact us as set forth above, in the Section Contact Us.