By “personal information,” we mean information that directly identifies you, such as your name, address, or email address. In this Policy, “we” and “our” mean Fresh Soul, Inc., and “you” means any person who visits our website, uses our mobile application, calls us on the phone, or visits our Canada stores.
What Categories of Information We Collect
We collect a variety of types of information. Examples include:
- Identifiers and contact information, such as your name, address, phone number, or email address;
- Purchase or other commercial information, such as the items you purchase, items you have altered or custom made (including measurements), shipping address, and contact information (such as for receipts or order updates);
- Payment information, such as your payment method and payment information (such as debit or credit card number and information), and billing address;
- Preference information, such as your contact and marketing preferences, and brand and merchandise interests;
- Profile and account information, which may include Contact, Purchase, and Preference information as well as your account password, information about Wish List items, items in your online shopping cart or saved for future purchase, registry information, product review information, gift card, address book entries, and other information about your profile or account;
- Communications and interactions, which may include email messages, chat sessions, text messages, and phone calls that we exchange with you;
- Demographic information, which may include age or birth date, gender, postal code and other information about you;
- Location or geolocation information of your device that you use with our mobile application, if your device settings allow us to collect location information;
- Device and browsing information and other internet activity information, including information about your phone, tablet, computer, or device, and online browsing activity (collectively, “automatically collected information”). Automatically collected information may include IP addresses, unique device identifiers, cookie identifiers, device and browser settings and information, and internet service provider information. Automatically collected information also may include information about when and how you access and use our websites or mobile applications, such as the date and time of your visit or use, the websites you visit before coming and after leaving our website, how you navigate and what you search for using our websites and mobile applications, the website pages and items you view using our websites and mobile applications, and the items you purchase; and
- Inferences about any of the information above that may relate to your preferences, or other matters.
How We Collect Information
We collect information on our websites, through our mobile applications, during calls with you, and in our stores. We also obtain information from you and from third parties. For example, we collect and obtain information:
- You provide, such as when you make a purchase, interact with a salesperson, visit or contact us, register for an online account, participate in a contest or sweepstakes, respond to a survey, engage in a promotional activity, register to attend an event or appointment, apply for employment, or sign up for emails or marketing;
- From Wi-Fi and mobile devices, such as information about your device when you use our store Wi-Fi services, and information about your device and location if you have installed one of our mobile applications on your device and your device is near our store or store systems (such as systems that offer personalized content), even if you are not currently using the mobile application, though you can disable location sharing using your device or application settings;
- From third parties, such as service providers that we use, analytics companies, advertising networks and cooperatives, demographic companies, third parties that provide us with information about you and the different devices you use online, and other third parties that we choose to collaborate or work with;
- From social media platforms and networks that you use in connection with our websites or mobile applications, or that share or allow you to share information with us, such as Facebook, Twitter, Pinterest, and Instagram. For example, if you use functionalities, plugins, widgets, or tools from social media platforms or networks in connection with our websites or mobile applications (e.g., to log into an account, or to share inspiration, finds, purchases, and other content with your friends and followers on social media), we will collect the information that you share with us, or that those social media platforms or networks share with us. For more information about social media platform and network privacy practices, please review the privacy policies and settings of the social media platforms and networks that you use; and
- Using cookies and automatic collection methods. For example, we and third parties we work with may collect information from the computer, tablet, phone, or other device: that you install one of our mobile applications on; that you use to access our websites; or that you use to open an email or click on an advertisement from us. This collection includes automatically collected information, and generally does not include personal information unless you provide it through our mobile applications or websites, or you choose to share it with us. Methods we use include:
— cookies (which may be session-based or persistent, and are typically small data files that are stored on your hard drive or in connection with your internet browser);
— web beacons or tags (small images embedded into websites or emails that send information about your computer, tablet, phone, or other device when you visit our websites, use our mobile applications, or open an email we send to you);
— website and mobile application log files (which we tend to create automatically in connection with access to and use of our websites and mobile applications);
— Flash cookies or Local Stored Objects (which may be placed using Adobe Flash software); and
— other technologies (which may be similar to or different from the methods noted above).
How We Use Information
We use the information that we collect to conduct our business and to provide you with the best possible products, services, and experiences. We also may combine any or all of the information that we collect or obtain. Examples of how we use information include:
- To provide you with products and services, such as to: fulfil your orders and process your payments; process, maintain and service your account(s) and memberships; and to provide you with products and services that we think you will like;
- To respond to you, such as when you: place an order; call us; make a request or inquiry; enter a contest or sweepstakes; complete a survey; or share a comment or concern;
- For personalisation of your experiences with us, including to: remember your interests and preferences; customise the products and services we share with you; facilitate your interactions with our stylists and salespeople; track and categorise your activity and interests on our websites and mobile applications, including by identifying the different devices you use; and to enrich your experience in our stores, on our websites, and through our mobile applications;
- For marketing and advertising, such as to: send you marketing and advertising communications; check creditworthiness and make pre-screen offers for Fresh Soul-branded credit cards; and to customise the marketing and advertising that we show you (we offer choices about marketing and advertising as noted in the “Your Choices” section below);
- For analytics, such as to: understand how you use our websites and mobile applications; understand how you shop with us; determine the methods and devices used to access our websites and mobile applications; and improve our websites and mobile applications;
- For our business purposes, such as: to operate and improve upon our business and lawful business activities; to maintain our programs, accounts, and records; for research; to determine your satisfaction with our products and services; to detect and prevent fraud or misuse of our services; and for any other business purpose that is permitted by law; and
- For legal and safety purposes, such as to: defend or protect us, our customers, you, or third parties, from harm or in legal proceedings; protect our rights; protect our security and the security of our customers, employees, and property; respond to court orders, lawsuits, subpoenas, and government requests; address legal and regulatory compliance; and notify you of product recalls or safety issues.
How We Share Information
In general, we do not share personal information about you with third parties for third-party marketing or advertising purposes. We do share personal information with third parties for other purposes. For example, we share personal information with:
- The Fresh Soul family of brands and companies and our other affiliates, parents, and subsidiaries;
- Third parties and service providers that provide products or services to us, that help us market or advertise to you (including co-branded marketing and advertising), or that provide products or services to you. We may use third parties or service providers to help with auditing interactions and transactions with you, addressing security, fixing errors, helping us with advertising or marketing, maintaining accounts and providing customer service, helping with our internal research, verifying service quality or safety, and performing any of the other actions or activities allowed under this Policy;
- Parties to business transactions such as those we deal with in mergers, acquisitions, joint ventures, sales of assets, reorganisations, divestitures, dissolutions, bankruptcies, liquidations, or other types of business transactions. In these types of transactions, personal information may be shared, sold, or transferred, and it may be used subsequently by a third party; and
- Additional third parties such as law enforcement, government entities, courts, or other third parties as required or allowed by applicable law, such as for the legal and safety purposes described under the “How We Use Information” section above, or otherwise to help prevent harm or fraud to us, you, our customers, or other third parties. We also may share personal information with third parties upon your request or with your approval, though we may not be able to accommodate all requests.
Online Advertising and Third Parties We Work With
We work with third-party companies for advertising purposes, including to: serve advertisements across the internet; track and categorise your activity and interests over time on our websites and mobile applications, and on third-party websites and mobile applications; and to identify the different device(s) you use to access websites and mobile applications. We share information with these companies, and these companies may collect information—including automatically collected information when you use our websites or mobile applications—through the methods described in the “How We Collect Information” section above (see “Using cookies and automatic collection methods”). These third-party companies also may possess or obtain information about you from your interactions: directly with the third-party companies; with other websites, mobile applications, or companies that the third-party companies work with; or from your interactions with advertisements the third-party companies help to display to you. The information that these companies collect or that we share may be used to customise or personalise the advertisements that are displayed to you.
We may share personal information with the third-party companies we work with for our purposes, though in general we do not share personal information about you with third parties for third-party marketing or advertising purposes. We may also share other information at our discretion, including automatically collected information, which may be used by third parties for third-party marketing, advertising, and other purposes. For information about the choices you have about the online advertising practices described in this section, please see the “Your Choices and Access Requests” section below.
Your Choices and Access Requests
We strive to offer you with choices about how personal information is used and shared. Your choices include:
- Online Advertising. You can manage third-party advertising preferences for some of the third parties we work with to serve advertising across the internet by using the choices available at networkadvertising.org/
managing/opt_out.asp and optou t.aboutads.info. We do not guarantee that all of the third parties we work with will honor the elections you make using those options, but we strive to work with third parties that do.
- Social Media Platforms and Networks. We encourage you to review your privacy options and settings with the social media platforms and networks you use to understand what choices you have about sharing information from those platforms and networks with us.
- Direct Mail Choices. You may opt out of receiving marketing or advertising by direct mail by contacting us through one of the methods specified in the “Additional Information and Contacting Us” section, below, and sharing the name and mailing address that you would like to opt out. Please note that these requests may take up to 8-10 weeks to become effective.
- Telephone Choices (calls and texts). You may opt out of receiving marketing or advertising calls or text messages by contacting us through one of the methods specified in the “Additional Information and Contacting Us” section, below, and sharing the phone number that you would like to opt out. For text messages, you also may be able to text “STOP” in response to a text message that you receive.
- Wish List Choices. We may offer the ability to create a Wish List. To update your Wish List privacy settings, you may select “Private” (not searchable) to help protect your Wish List information from being publicly searched on our site or you may select “Public” (searchable). To help protect your privacy, we initially set your Wish List account to a “Private” setting.
- Mobile Location Choices. You may choose not to provide your location to us in connection with your use of our mobile applications by declining any prompt requesting location information, and by customising your mobile device settings to prevent sharing of location information. We may also collect location data when you have one of our mobile applications installed on your device and your device is near our store or store systems (such as systems that offer personalised content), even if you are not currently using the mobile application. You may prevent this by customising your mobile device settings to prevent sharing of location information or by disabling Bluetooth on your device.
- Access Requests. If you have registered for an online account, we allow you to access and update certain personal information that you have provided to us by logging into your online account and using the features and functionalities available there. We are not able to grant all access requests, and we may request additional information from you in order to verify your identity before accommodating an access request.
Security and Fraud
We take steps to help protect the confidentiality and security of personal information you share with us through our websites and mobile applications. In general, information transmitted through the internet may not be perfectly secure, and we are unable to guarantee the security of your personal information.
We encourage you to take steps to help protect the confidentiality and security of your account and personal information, including by doing the following:
- Reviewing your Fresh Soul account periodically and immediately reporting any unexpected activity or unrecognised information;
- Installing the latest security updates and anti-virus software on your computer to help prevent malware and viruses;
- Using complex passwords (a minimum of 7 alpha/numeric cAsE sEnsitive characters);
- Not using the same password on more than one website;
- Not sharing your password with others;
- Password protecting your computer and mobile device; and
- Sign out/log off of website sessions so that your session is closed, especially when using a public computer.
You may come in contact with websites, emails or texts that try to lure you into providing personal information with an offer such as a Fresh Soul Gift Card. Fresh Soul does not sponsor or endorse these offers. If you become aware of any potentially fraudulent activity on a website or in an email or text, please forward the information to us.
Notices and Disclosures
- Links to Other Websites and Services. Our websites or mobile applications may provide links to other internet sites, content or videos (embedded or direct links) maintained by third parties. We are not responsible for the sites, content, or videos accessed via the links, and we have not reviewed the privacy practices of those third parties. We encourage you to review the privacy practices of those third parties.
- Browsers’ Do Not Track Signals. While we strive to offer you choices when you use our websites and mobile applications, we do not promise that we will be able to receive or honor web browser Do Not Track signals.
- Children’s Privacy. Fresh Soul does not knowingly request or collect personal information from any person under 13 years of age without prior verifiable parental consent. If you believe that your child under the age of 13 has submitted personal information to Fresh Soul in connection with our websites or mobile applications, and without prior verifiable parental consent, please contact us so that we can take steps to delete the personal information that they provided.
- Data Transfers. Your personal information will be transferred to and processed in the United States and any other country or jurisdiction at our sole discretion. The laws that apply to the use and protection of personal information in the United States or other countries or jurisdictions in which we transfer or process personal information may be different from the laws and protections in Canada or your province.
Updates to This Policy
We may make changes to this Policy, and may apply any changes to information previously collected, as permitted by law. When we make material changes to this Policy, we will notify you by posting the updated Policy on our website, and we will update the effective date at the end of this Policy.