Privacy Policy

(Last Updated November 6, 2014)


Thank you for visiting the Fresh Savings Plus ™website located at www.FreshSavingsPlus.com (the "Website"). At Fresh Savings Plus™ Fresh Savings Plus," "Us," "Our" or "We"), We understand the importance that Internet users place on privacy and have designed the Website with this in mind. Please be advised that We manage e-mail lists generated by third-party websites and/or organizations ("Affiliated List Owners").

This Privacy Policy (the "Privacy Policy") applies to consumers that have agreed to receive e-mail marketing from one or more of our Affiliated List Owners. All visitors to, or users of, the Website are referred to, individually, as "User," "You" or "Your."

We believe in 100% permission-based marketing. Accordingly, We have created this Privacy Policy in order to disclose Our information gathering and dissemination practices. Capitalized terms not defined herein shall have the meaning set forth in Our Terms and Conditions ("Terms and Conditions").

You agree to this Privacy Policy, in its entirety, when You: (a) access and/or use the Website or the Services; (b) open, preview or click on the advertising portion of any e-mail we send on behalf of Us or third party websites and organizations ("Third Parties"); (c) provide any personal information to Us by and through various registration forms, web pages and other online media (collectively, "Online Media"); and/or (d) enter, or attempt to enter, any Promotions.



Please carefully review the complete terms of the Privacy Policy. If You do not agree to abide by and be bound by all of the terms of the Privacy Policy, You are not authorized to use the Website or Services in any manner or to otherwise participate in any of the Promotions.

Your California Privacy Rights

Please be advised that if You are a resident of the State of California and would like to opt-out from the disclosure of Your personal information (as defined in the Shine the Light Law, Cal. Civ. Code §1798.83) to any third party for marketing purposes, please e-mail Us at: [email protected].

If You are a resident of the State of California and would like to know how Your personal information is shared with third parties, what categories of personal information that We have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please contact Us at:: [email protected]

In accordance with California Civil Code Sec. 1789.3, California residents are entitled to know that they may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; by phone at (916) 445-1254; toll free at 1-800-952-5210; or by e-mail to: [email protected]

  1. Changes to this Privacy Policy

We reserve the right, in Our sole discretion, to change, modify, add and/or remove portions of this Privacy Policy at any time. All Privacy Policy changes or modifications will be posted on the Website and shall take effect immediately upon their posting; provided, however,

  1. Personal Information Collectionn

We collect Your personal information when You: (a) open, preview or click on the e-mail messages that We send on Our behalf or on behalf of one of Our third party marketing partners; (b) register on the Website to participate in the Promotions (if any are made available); (c) register on the Website in connection with Your request for Services from Our Third Party Providers; and/or (d) otherwise provide personal information to Us by and through various Online Media. The personal information that You may be asked to provide on the applicable registration forms and/or in connection with the Promotions (if any are made available) may include, but may not be limited to, all or some of the following: (i) Your full name; (ii) Your mailing address; (iii) Your e-mail address; (iv) Your date of birth; (v) Your telephone number; and/or (v) any other information requested by Us on the registration form. Further, individuals that win prizes in connection with the Promotions may be required to provide: (A) their Social Security Number; and (B) picture proof of identification, which may include a driver's license, passport, voting card or similar government issued identification. For purposes of this Privacy Policy, items (A) and (B) in the preceding sentence shall be referred to as "Sensitive Information." While all personal information that You submit is voluntary and at Your discretion, such submissions may be required if You wish to obtain the Services and/or register to participate in a Promotion.

  1. Use of Personal Informationn

By submitting Your personal information to Us by and through Our Online Media or otherwise, You agree to allow Us to share, sell, rent, lease or otherwise provide that personal information (other than Sensitive Information) with/to any other properties that We own or may later acquire and/or to any third party advertisers including, without limitation, Third Party Providers, as permitted by applicable law. You further agree that We may work with other businesses to bring selected retail opportunities to You. These businesses and third party advertisers may include, but are not limited to: (a) email marketing partners and providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (b) telemarketers (where permitted by applicable law); and (c) SMS text-based marketers (where, and to the extent, permitted by applicable law);

Notwithstanding the foregoing, We may also employ other companies and individuals to perform certain functions on Our behalf. Examples include sending direct and electronic mail, removing duplicate information from Our database, analyzing data, conducting drawings and other Promotion-related activities and providing marketing analysis. The agents performing these limited functions on Our behalf shall have access to Your personal information only as needed to perform their functions for Us, and We do not permit them to use Your personal information for any other purposes.

We may also use Your personal information for customer service functions, to provide You with information that You may request in connection with the Promotions, Services or otherwise, to customize Your experience with the Website, Promotions, Services and/or other Online Media and/or to contact You when necessary in connection with transactions entered into by You through the Website and/or other Online Media, if any. We may also use Your personal information for internal business purposes, such as analyzing and managing Our business. Accordingly, We may combine any of the personal information that We have gathered from You with information from other sources.

We reserve the right to release current or past personal information in the event that: (i) We believe that a User is using, or has used, the Website, Online Media, Services and/or a Promotion in violation of this Privacy Policy, the Terms and Conditions, or any other of Our operating rules, policies, price schedules and other supplemental terms and conditions or documents that We may publish from time to time; (ii) We believe that a User is using, or has used, the Website, Online Media, Services and/or a Promotion to commit unlawful acts; (iii) such information is subpoenaed or requested pursuant to a judicial or regulatory proceeding or inquiry; provided, however, that, where permitted by applicable law, We shall provide You with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any personal information pursuant to a subpoena; (iv) We are sold or acquired; provided, however,

By submitting Your e-mail address to Us by and through the Website, Online Media or otherwise, You agree to receive e-mail marketing from Us (including any of Our other properties) and/or Our third-party marketing partners. Additionally, You agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the "Rule") and applicable state do-not-call regulations. As such, notwithstanding that Your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, and/or on applicable state do-not-call lists, We retain the right to contact You via telemarketing in accordance with the Rule and applicable state do-not-call regulations.

By submitting Your personal Information by and through the Website, Online Media or otherwise, You agree to receive mobile marketing including, but not limited to, text-message based marketing, from Us and/or Our third party marketing partners (where, and to the extent that, such marketing is permitted by applicable law). As such, notwithstanding that Your mobile telephone number may be listed on state and/or federal Do-Not-Call registries, You grant to Us and We retain the right to contact You via text-message based marketing in accordance with applicable state and federal law. Further, You agree that We reserve the right to share, sell, rent, lease and/or otherwise distribute Your mobile telephone and other mobile data with/to any third party for any and all non-marketing uses permitted by this Privacy Policy and applicable law.

Without limiting the generality of the foregoing, We reserve the right to share, sell, rent, lease and/or otherwise distribute any and all personal information (other than Sensitive Information) with/to any third party for any and all uses permitted by this Privacy Policy and applicable law.

  1. Collection and Use of Non-Personal Information

(a) Response Data. When You open, preview or click on the advertising portion of Our e-mail messages, the Website or other Online Media, We collect such response data and other Non-personal information for Our internal marketing purposes (collectively, "Response Data"). We may use Your Response Data, and share it with Our third party marketing partners, in order to send You e-mail and other marketing messages regarding products, services or special offers that We or Our third party marketing partners

(b) IP Address/Browser Type

(c) Cookies. When You visit the Website and/or other Online Media, We, or a data provider that We have engaged, may place, recognize or send a unique cookie, single-pixel GIF files/images and/or similar technologies (collectively, "Cookie") to assign an anonymous, unique identifier to Your Internet browser. A Cookie is a small piece of data stored on Your computer's hard drive containing non-personal information about You. If You would like to obtain more information about common industry practices of network advertisers and/or make choices about their use of Your information, please visit www.cookiecentral.com.

Cookies are not designed to get data from Your hard drive, Your e-mail account or any other personal data about You. No personal information is placed into these Cookies. Cookies are used to store information about a visitor's preferences and history in order to better serve the visitor and/or present the visitor with customized ads, content and/or services. Cookies may reflect de-identified demographic or other data linked to data that You have voluntarily submitted to Us, e.g., Your e-mail address, in hashed, non-human readable form.

If You do not want information collected through the use of Cookies, there is a simple procedure in most Internet browsers that allows You to accept or reject most Cookies. To disable and reject certain Cookies, follow the instructions associated with Your Internet browser. Even in the case where a User rejects a Cookie, he or she may still use the Website and Online Media. Please note, however, that if You reject Our Cookies it is possible that You will be prevented from accessing certain Services, some of the Website pages and other Online Media may not properly load, Your access to certain information might be denied and/or You might have to enter information about Yourself more than once. We reserve the right to retain Cookie data indefinitely.

Cookies have many benefits to enhance Your experience with the Website, Services, Promotions and Online Media including, enhancing the functionality of the foregoing, delivering a more personalized experience and improving and delivering certain content and offerings. Examples of the information that We collect and analyze using Cookies include, without limitation, the IP address used to connect Your computer to the Internet; Your e-mail address; Your computer's operating system type, version and computer platform; Your purchase history (which We may aggregate with similar information from other customers); the full Uniform Resource Locator (URL) to, on and from the Website, including date and time stamp; and/or products You viewed or searched for. We may also use software tools to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from the page.

We do not transfer Cookies associated with the Website to any other third party company, nor do We authorize any other third party company to access those Cookies for any purpose other than as otherwise set forth within this Privacy Policy. We may allow certain third parties, such as those third party marketing partners who deliver advertisements, content or provide other services associated with the Website, to set and/or access Cookies associated with certain of Our pages and/or certain e-mail messages sent by Us.

We do not install any spyware or adware in connection with the Website, or distribute any commercial message, or authorize any third party to distribute any commercial message, by means of spyware or adware. "Spyware" or "adware" is any software which has been downloaded to and/or installed on an Internet User's computer, without the User's actual consent, and facilitates the distribution of any commercial message to the User. If You feel that You may have spyware from another company installed on Your machine, there are various anti-spyware/adware software applications available on the Internet to identify if this has occurred.

Any third party marketing partners who We work with to help manage and deliver advertisements on the Website are commonly referred to as "Advertisers." These Advertisers may use Cookies to collect information about Your visits to the Website in order to tailor certain advertisements and content delivered on the Website and on other websites within such Advertiser's ad network.

(d) Website Tracking Software/Domain Addresses

  1. Unsubscribe/Opt-Out

You may unsubscribe, opt-out from having Your personal information shared with Our third party marketing partners, or opt-out from Our e-mail marketing program at any time by sending Us an e-mail at: [email protected]

In addition, in every marketing communication that We initiate, there is an unsubscribe/opt-out included therein. We attempt to process all unsubscribe and opt-out requests in a prompt fashion. However, after unsubscribing, We cannot guarantee that You will never receive another communication from Us because We may obtain Your contact information in the future through a different entity that You have subscribed through.

Notwithstanding the foregoing, We may continue to contact You for the purpose of communicating information relating to Your request for Services, Your participation in a Promotion, as well as to respond to any inquiry or request made by You. To opt-out of receiving Services-related, Promotions-related and inquiry response-related messages from Us, You must cease requesting and/or utilizing Services, cease participating in and/or entering Promotions and cease submitting inquiries to Us, as applicable.

We are able to offer Our free services, in part, based upon the willingness of Our Users to be contacted by Our third party marketing partners.

  1. Security

We endeavor to safeguard and protect Our Users' information. The privacy of Your personal information is very important to Us. The servers that We store personal information in are kept in a secure physical environment. We have security measures in place to protect against loss, misuse and alteration of personal information under Our control. We also do everything in Our power to protect all User information off-line and online. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while We strive to protect Your personal information, We cannot ensure or warrant the security of any information that You transmit to Us, and You do so at Your own risk.

Access to Your information is strictly limited, and not accessible to the public. All of Our Users' information is restricted in Our offices. Only employees who need the information to perform a specific job function are granted access to personal information. Our employees are dedicated to ensuring the security and privacy of all User information. Employees not adhering to Our firm policies are subject to disciplinary action.

  1. Security Breach

In compliance with applicable federal and state laws, We shall notify You and any applicable regulatory agencies in the event that there has been an information security breach. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, to determine the scope of network damage, and to engage in remedial measures.

  1. Third Party Links

We do not endorse, nor are We responsible for, the accuracy of the privacy policies and/or terms and conditions of any of the third party marketing partners and/or Third Party Providers accessible through the Website, Online Media, Services, Promotions or any of the e-mail messages sent to You. In some cases, You may be required to provide certain information to register or complete a transaction on the web properties of such third parties. Such entities are independent third parties and are NOT affiliated with Us. These third parties have separate privacy and data collection practices and policies and We have no responsibility or liability relating to them. We encourage You to review the privacy practices and policies and terms of use of any such entities before engaging with them in any way.

  1. Children's Privacy

We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children. We are very sensitive to the issue of children's privacy and, therefore, We strive to protect the privacy of children using the Internet. We do not knowingly solicit or collect personal information from persons under eighteen (18) years of age. If a person under eighteen (18) years of age has already provided Us with any personal information, his or her parent or guardian may contact Us for the purpose of deleting this information. All such requests shall be handled by Us as expeditiously as possible.

  1. Reviewing Your Information

If You would like to know if We have any of Your personal information in Our database or would like to review and update or correct the personal information that We have collected from You, simply send Your request via e-mail to: [email protected]

To protect Your privacy and security, We will take reasonable steps to help verify Your identity before granting access or making corrections, and We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).

Please be advised that deleting Your

Please be further advised that, after You delete Your personal information, residual copies may take a period of time before they are deleted from Our active servers and may remain in Our backup systems. In addition, this deletion will not change or delete Personal Information which may have already been shared with third parties, all as provided above in this Privacy Policy. You will need to contact the third parties that contact you directly to change Your preferences regarding their use of Your personal information.

  1. Filing a Complaint with the Federal Trade Commission

See the Federal Trade Commission (the "FTC") website at www.ftc.gov/spam for updates on implementation of the CAN-SPAM Act of 2003, as amended. The FTC maintains a consumer complaint database of violations of the various laws that the FTC enforces. Consumers can submit complaints online at www.ftc.gov and forward unwanted and unsolicited commercial e-mail to the FTC at: [email protected].

The FTC works as a consumer advocate in order to prevent fraudulent, deceptive and unfair business practices. To file a complaint with the FTC or to request free information about consumer issues, please visit www.ftc.gov

  1. Contact Us

If You have any questions or comments about this Privacy Policy, please contact Us via e-mail at: [email protected], or via certified mail to Fresh Savings Plus™, 550 W. 45th Street Ste. 1708, New York, NY 10036.