Privacy Policy

Updated: September 22, 2023

1. Our Commitment to your Privacy

FreshX Inc. and its affiliates and subsidiaries (collectively, “FreshX”, “we”, “our” or “us”) recognize/s that your privacy is very important to you and we are committed to protecting your (“your”, “you”) Personal Data.

“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

This privacy policy (“Privacy Policy”) describes the personal information that FreshX or its service providers collect through the Site as well as FreshX’s practices in connection with information that FreshX, or FreshX’s service providers, collect through the website or web property, including, without limitation, a mobile website or application, operated and controlled by FreshX from which you are accessing this Privacy Policy (each, the “Site”).

This policy applies to Personal Data we receive and handle about participants in connection with:

  • Your use of this website and mobile applications;
  • Communication with FreshX;
  • Marketing messages;
  • Recruitment processes;
  • Your use of FreshX products or Services (as defined below);
  • Use of the APIs, SMS and other platforms through which FreshX makes the Services (as defined below) available.

“Systems” are any of the existing and future electronic systems, APIs, SMS platforms and other platforms through which FreshX and its affiliates make the Services available to you. “Services” are any of the existing and future services offered by FreshX or its affiliates and any content including, without limitation, SMS-based preliminary indications, indication acceptances, binding contract offers and acceptances, market data, price information, connectivity, contract confirmation, and messaging.

By providing Personal Data or using the Site, you agree to be bound by the terms of this Privacy Policy.

A separate policy applies to the collection and use of Personal Data of FreshX employees, contractors and other staff.

2. The kinds of information that we collect and process

2.1. Personal Data:

The kinds of Personal Data we collect and process, by or on behalf of us, include:

Contact Information: such as your name, address, email address, telephone number,

Personal Details Information: such as your name, date of birth, employer, profession and job title.

Technical Information: such as technical data collected about your interaction with our websites, mobile applications and email communications including IP address; log files; unique device identifiers; pages viewed; date and time of access; content of request; username; password; usage data; device type; browser type and settings; language settings; aggregate statistical information; transferred volume of data; and website requesting access.

Location Information: such as location data.

Marketing Data: such as cookie data; browsing history; advertising interests; responses to direct marketing and opt-outs from direct marketing.

You can choose not to provide your Personal Data to us, but generally the information we request from you is required in order for us to provide you the goods and services we offer.

2.2. Other Data:

Non-Identifiable Data: When you interact with FreshX through the Services, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. FreshX may store such information itself or such information may be included in databases owned and maintained by FreshX affiliates, agents or service providers. The Services may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, and the domain names of our visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process.

Aggregated Personal Data: In an ongoing effort to better understand and serve the users of the Services, FreshX often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and FreshX may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. FreshX may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

Location Information: Our Service may collect and use your location information to provide certain functionality of our Service. We may also use your location information in an aggregate way, as described above in the “Aggregated Personal Data” section.

3. How we collect Personal Data

Generally, we collect Personal Data from:

Direct Interactions: such as when you contact us, inquire about our product or services, participate in surveys or questionnaires,

Mobile Applications: such as when you download or use one of our apps. Some apps may have specific privacy statements that include more specific information that you should review.

Cookies and Automated Technologies: such as when you visit or interact with our Site(s) or click on links in emails.

Public Sources: such as when we need to collect Personal Data from publicly available sources including, land registries and government agencies.

Social Media: such as Personal Data that you make available by linking to social media platforms using social media plug-ins, or your social media profile(s).

Partner: such as when you provide Personal Data to an authorized FreshX partner, distributor or service provider.

Products and Services: such as when you provide us with information in connection with our products and services, as well as information gathered through our services or the use of our products.

Private Third-Party Sources: such as when third parties provide information to us.

4. Cookies

With regard to Site use, components of our Site may use “cookies” (these are files that are placed in your hard drive by some websites to store information about your web use patterns) to enhance or personalize your use of the Site. Cookies allow for the collection information such as:

  • browser type;
  • time spent on the Site;
  • pages visited;
  • language preferences.

These cookies may also be used to collect and store information about your usage of certain components of our Site. We or our service providers may in any case collect anonymous information that allows us to review information about the date, time and duration of visits to our components of our Site(s) without identifying you.

Pixel tags, web beacons, clear GIFs, or other similar technologies may be used in connection with our Site to track the way you use our Site and to compile statistics about site usage and response rates. This information is generally automatically provided to us by your web browser.

You may choose to refuse cookies by turning them off in the browser; however, if you do not accept them, you may experience some difficulty in your use of certain components of our Site.

We may use cookies to:

  • Improve the functionality of our Site;
  • Process your purchase orders;
  • Display information more effectively;
  • Personalize your experience while using our Site;
  • Gather information of how our Site is used and compile anonymous and aggregate statistics.
5. How we use Personal Data

The primary purpose(s) we collect your Personal Data is to:

  • verify your identity;
  • respond to your queries;
  • maintain our relationship with you;
  • provide our products and services to you;
  • provide you with information about our products and services;
  • conduct research for our own internal purposes;
  • send you communications and contact you about our goods and services, programs, events, campaigns, functions or news updates that may be relevant or of interest to you;
  • administering, maintaining and monitoring Site performance and usage.

You agree that we may use your Personal Data for any of these purposes.

6. Legal basis for Processing Personal Data

The legal basis for processing your Personal Data in connection with the purposes may, depending on the circumstances, rely on any of the following legal bases:

  • The processing is necessary in connection with a contract entered into with you, or for your benefit;
  • We or a partner has obtained your prior written consent to the processing;
  • The processing is required by all laws, statutes or regulations applicable to the respective FreshX affiliate(s);
  • We have a legitimate interest in carrying out the processing (including our legitimate interest in providing goods and services to you, maintaining or improving our products or services, operating our business, alerting you to other products or services that may be of interest to you) and there is no undue risk to your right, freedoms or interests;
  • The processing is necessary to protect the vital interests of any individual;
  • Any other lawful basis.
7. The circumstances in which we may disclose Personal Data

FreshX is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

  • We may disclose your Personal Data to external providers of services, for example, providers of security, marketing, payment, and IT services. We may also outsource certain functions of our business.
  • We may disclose Personal Data to related entities, and you may receive communications directly from these entities in order that You may receive information about products, services and/or events that may be of interest to You. These communications may include information and marketing communications about their products and services. We use reasonable endeavors to ensure that these companies do not breach any U.S. laws, however, we disclaim all liability for any unlawful use of your Personal Data by an affiliated or associated company.
  • We may disclose your Personal Data to the extent that we are required to do so by law, including in connection with any legal proceedings, anticipated legal proceedings or regulatory administrative matters, or in order to comply with any legal obligation, or to establish, exercise or defend our legal rights or in response to a request from law enforcement or governmental agencies. We may sell, transfer, or otherwise disclose our database of Personal Data to an actual or potential successor entity, purchaser, or investor in connection with a corporate merger, consolidation, sale of our assets or a substantial part of our assets, share sale, investment transaction or other corporate rearrangement.
  • We may disclose your Personal Data to a prospective seller or buyer for the purpose of selling, merging or transferring all or a portion of our business or assets in order to enable such transfer.
  • If you make a payment via one of our Sites or one of our apps or directly to us or one of our partners your Personal Data may need to be provided to third parties for the purpose of processing such payments.

You agree that we may disclose your Personal Data in any of these circumstances. We disclaim all liability for any privacy breaches by third parties to whom we have disclosed your Personal Data in accordance with this policy.

FreshX will assure that any third-party service provider that FreshX shares or discloses information with will legally be required to provide the same or equal protection of user data as provided by FreshX.

You may withdraw your consent to use or disclose your Personal Data at any time. To withdraw this consent please contact us at the details below. Please note that withdrawing your consent may mean that we are unable to provide you with any services.

8. International Transfer of Personal Data

Personal Data that we collect may be transferred and stored in jurisdictions other than the jurisdiction in which your Personal Data was originally collected, including overseas, and transferred between any of the countries in which we, our related entities or our service providers or international distributors operate in connection with the operation of a Site or in connection with any of the processing purposes set forth in this Privacy Policy.

Your Personal Data may be transferred overseas if we sell, transfer or disclose our database of Personal Data to an actual or potential successor entity, purchaser or investor who is located or has offices overseas in order to enable such actual or potential transfer. It is not practicable to specify the likely countries in which recipients of information may be located in this regard.

These transfers of Personal Data are necessary in order to provide our products and services to you in an effective and efficient manner. The Personal Data will be transferred for the operation of any Site(s) or in connection with any of the processing purposes set forth in this Privacy Policy.

9. Security of your personal information

Once in our possession, we take all reasonable precautions to protect the personal and credit information we hold about you from misuse, interference and loss and unauthorized access, modification or disclosure.

Whilst we endeavor to provide a secure online environment, there are inherent risks associated with the transmission of information via the internet and no data transmission over the internet can be guaranteed to be completely secure. We therefore cannot warrant the security of any information you provide to us over the internet and you do so at your own risk.

We encourage you to play an important role in keeping your Personal Data secure, by maintaining the confidentiality of any passwords and account details used on our Site. It is your sole responsibility to maintain such confidentiality and we will not be liable for any damage, loss or expense suffered due to such disclosure.

FreshX processes Personal Data in a manner that ensures appropriate security of the personal information, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures. Additionally FreshX performs regular monitoring to determine if the information security program is operating in a manner to prevent unauthorized access to or unauthorized use of personal information.

10. Third parties

With regard to your use of certain components of the Site, certain components of our Site may contain links to third party websites and social media features that are hosted by a third party. Links to other websites do not constitute sponsorship, endorsement or approval of the information found on those websites. You should evaluate the accuracy, relevance and suitability for your purposes of any such information. We are not responsible for the privacy policies or practices of third-party websites, and your interactions with any social media features are governed by the privacy policies and practices of the hosting entities.

11. Access to and correction of your information

We aim to ensure that your Personal Data is accurate, complete and up to date. To assist us, please contact us via the details below if any of your details provided have changed or if you believe that the information we hold is inaccurate.

You may request us to provide you with access to the personal or credit information we hold about you at any time. We will respond to your access request as soon as possible, however, prior to disclosing any such information it may be necessary for you to satisfactorily verify your identity.

12. How You Can Manage Your Privacy

You may limit the collection of certain website information by deleting or disabling cookies. Most computers' internet browsers enable you to erase stored cookies, block all cookies, or receive a warning before a cookie is stored. Disabling cookies may prevent you from using specific features on the Site or other websites, such as ordering products or services and maintaining an online account.

Please note that many opt outs use browser cookies or device controls and are specific to the device, or browser, you are using. If you buy a new computer, change web browsers or devices, or delete the cookies on your computer, you may need to opt out again.

13. Privacy of Children

We do not knowingly intend to collect information from or direct FreshX services to children age 16 and under. If FreshX learns that information has been received from a child under 16, then FreshX will delete such information.

14. Retention of Information

FreshX retains your Personal Data only for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or allowed by law or to otherwise fulfill a legal obligation. For the purpose of business continuity, FreshX backs up your data within the FreshX infrastructure. As soon as these retention periods are complete, the data will be deleted or properly anonymized in order that you may no longer be identified from it.

15. Marketing

FreshX may contact you by email, text or via other electronic communication to provide you with marketing materials about FreshX products or services that may be of interest to you. If you do not wish to receive such communications, you may follow the unsubscribe options provided in such marketing communications.

16. Privacy Policy Updates

From time to time, we may change and post revisions to this Privacy Policy and such changes to this Privacy Policy will become effective upon the posting of the revised Privacy Policy on the Site. Your use of the Site following these changes means that you accept the revised Privacy Policy.

17. California Resident Users

If FreshX performs business in the State of California, California residents have rights under the California Consumer Privacy Act and may: request (a) information pertaining to the personal information about you that FreshX collects, uses and discloses and (b) deletion of your personal information collected by FreshX by contacting FreshX as set forth in the contact section or by contacting via phone at +1-855-915-3399. Your exercise of these rights will not result in discriminatory treatment or a lower quality of service to you. FreshX has not sold consumer personal data of California residents in the last twelve months.

18. Connecticut Users

If FreshX performs business in the state of Connecticut:

  • FreshX shall not print your Social Security number on any card required for you to access products or Services;
  • FreshX shall not transmit your Social Security number over the Internet, unless the connection is secure or the Social Security number is encrypted; or
  • FreshX shall not require you to use your Social Security number to access an Internet web site, unless a password or unique personal identification number or another authentication device is also required to access the Internet website.
19. Contact Us

If you have any questions or complaints about this Privacy Policy or our treatment of your personal or credit information, or if you would like to access or amend your personal information, please contact us:

FreshX, Inc.
1 River Place, Suite 1804
New York, NY 10036

This policy will be reviewed from time to time to take account of new laws and/or changes to our operations. Any information we hold about you will be governed by our most current policy. We recommend that you periodically review this policy for any changes.

19. Other Terms and Conditionss

Your access to and use of the Services is subject to our Terms of Service at

COPYRIGHT AND LEGAL NOTICE. Copyright © 2020-2023 FreshX, Inc. All Rights Reserved.