Edible Brands, LLC
Privacy Policy
Last Updated: July 18th, 2024
Your privacy is important to us at Edible Brands, LLC and its affiliates and subsidiaries, including Edible Arrangements, LLC, Berry Direct, LLC, Edible IP, LLC, and freshfruit.com, LLC (collectively “Edible,” “we,” “us,” or “our”), and we are committed to safeguarding, preserving, and respecting your privacy rights. This online privacy statement (the “Statement” or “Policy”) describes how we collect, use, disclose, and secure the personal information we gather about you through our websites, https://www.ediblearrangements.com, https://berrydirect.com, https://freshfruit.com (collectively, the “Site”), our application, when you view or interact with Edible’s social media accounts or any social media accounts or content affiliated with us, and when you interact with us as a customer or otherwise (collectively, the “Services”).
For purposes of this Statement, personal information means data that classifies as personal information, personal data, personally identifiable information, or similar terms under applicable data privacy and security laws and regulations. It does not include data excluded or exempted from those laws and regulations. Nothing in this Statement will constitute an admission or evidence that any particular data privacy or information security law or regulation applies to Edible generally or in any specific context.
This Policy expressly incorporates any privacy notices we may issue to supplement this Policy, for example if required by law. Depending on your residency, a supplemental privacy notice may apply to you. For example, if you are a California resident, please view our California Privacy Rights here: Edible Arrangements - California Privacy Rights. If you are a job applicant, please see our Applicant Privacy Policy available on Edible’s Applicant Tracking System via ADP.
1. You Consent to This Statement
You should read this Statement carefully, so that you understand our privacy practices. By accessing, browsing, downloading, or otherwise using the Services, you confirm that you have read, understood, and agreed with this Statement. If you do not agree to this Statement, you may not use the Services.
This Statement applies regardless of how the Services are accessed and will cover any technologies or devices by which we make the Services available to you.
We may provide you with additional privacy notices where we believe it is appropriate to do so. It is important that you read this Statement together with any other privacy notice or terms we may provide on specific occasions, so that you are fully aware of how and why we are using your data. This Statement supplements these other notices and is not intended to override them.
Your use of our Services, and any dispute over privacy, is subject to this Policy and our Terms of Use incorporated by reference into this Policy.
If you have any questions or concerns about our personal information policies or practices, you can contact us in the methods described in the “Contact Us” section below.
2. What Types of Information Do We Collect?
We collect information you voluntarily provide directly to us, information that we collect automatically when you interact with the Services, and information collected from third parties. The categories of personal information that we collect and the purposes for which we collect that information are described below.
Categories of Personal Information We Collect
The following list describes the categories of personal information we collect.
. Account Information includes name, birth date, email address, username, and password. We collect this information when you provide it directly to us. We collect this information for the purposes of account creation and management, advertising and marketing, analytics and research, customer service, and website security and maintenance.
. Analytics Information. We collect certain analytics information automatically as you navigate our Services. This includes cookies, tracking pixels, tags or similar tools, which may collect information about your browser, device, geolocation, and interactions with the Services, Site, or emails. For more information, please view the “How Do We Use “Cookies” and Other Tracking Technologies?” section below. We collect this information for the purposes of account creation and management, advertising and marketing, analytics and research, customer service, and website security and maintenance.
. Contact Information includes name, email address, and phone number. We collect this information when you provide it directly to us such as creating an account or filling out a form. We collect this information for the purposes of account creation and management, advertising and marketing, analytics and research, customer service, and website security and maintenance.
. Commercial History includes information regarding the purchases you have made through our Services. We collect this information directly from you or from our service providers. We collect this information for the purposes of account creation and management, advertising and marketing, analytics and research, customer service, and website security and maintenance.
. Payment Information includes name, address, phone number, and debit or credit card information. We collect this information directly from you or from our service providers. We collect this information for the purposes of account creation and management, analytics and research, customer service, and website security and maintenance.
. Responses to Surveys and Questionnaires includes any information you provide to us when you voluntary market research surveys such as email address and interested activities. We collect this information for the purposes of advertising and marketing, analytics and research, customer service, and website security and maintenance.
. Social Media Information includes information that you post by sharing on a blog or another social media platform. We collect this information when you provide it directly to us. Please note that your comments will be visible to the public, so you should never share personal information that you would like to keep private. We collect this information for the purposes of advertising and marketing, analytics and research, customer service, and website security and maintenance.
. User-Generated Content. If you post, upload, comment, or otherwise submit content on the Services, we may collect certain information about you such as your name and email address and products you may have purchased. Be aware that as a default, any information you post on the Services, including without limitation review, comments, and text, may be available to and searchable by all users of the Services. We collect this information for the purposes of account creation and management, advertising and marketing, analytics and research, customer service, and website security and maintenance.
Purposes for Collection of Personal Information
The following chart identifies the purposes for which we may collect your personal information, as well as information regarding our use and disclosure of that personal information. Please note that we may not collect each category of information about each user of our Services.
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Purpose
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Categories of Personal Information
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Targeted Ad / Sales
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Data Shared with Third Parties
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Categories of Third Parties
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Account Creation and Management
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Account Information
Analytics Information
Contact Information
Social Media Information
Organization-Related Information
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Yes / No
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Analytics Information
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Analytics Providers
Third Party Advertisers
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Purchase of Goods or Services
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Analytics Information
Commercial History
Contact Information
Payment Information
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Yes / No
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Analytics Information
Commercial History
Contact Information
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Analytics Providers
Third Party Advertisers
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Marketing and Advertising
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Analytics Information
Commercial History
Contact Information
Social Media Information
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Yes / No
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Analytics Information
Commercial History
Contact Information
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Analytics Providers
Third Party Advertisers
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Analytics and Research
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Analytics Information
Commercial History
Contact Information
Social Media Information
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Yes / No
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Analytics Information
Commercial History
Contact Information
Social Media Information
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Analytics Providers
Third Party Advertisers
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Customer Service
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Analytics Information
Contact Information
Chat Information
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Yes / No
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Analytics Information
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Analytics Providers
Third Party Advertisers
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Website Security and Maintenance
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Analytics Information
Commercial History
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No / No
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N/A
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N/A
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Other Ways We May Collect, Use, or Share the Information
We may also reserve the right to collect, use, or share personal information for the following purposes:
. For Legal Purposes. We reserve the right to cooperate with local, provincial, state, federal and international officials in any investigation requiring either personal information or reports about lawful of unlawful user activity on this site. We also reserve the right to share your personal information to establish, exercise, or defend our legal and property rights, including providing information to others for the purposes of fraud prevention. We may also share your personal information with any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
If we are ordered by a legal process or government to provide data about one or more individual users, we will notify those users of our compliance with that order, to the extent permitted by law.
. To Present the Site. We will use personal information to present our Site and its contents in a suitable and effective manner for you and your device.
. To Provide the Services. We will use personal information to provide the Services, including to improve operations and for security purposes.
. Customer Service. We will use your personal information to provide you with customer service, troubleshoot issues, and respond to requests, questions or comments.
. Provide Information and Opportunities. We will use your personal information to advertise travel opportunities, promotions, products, events, or Services that we think may be of interest to you.
. So Others Can Market to You. As detailed more fully below and in our California Privacy Policy, we use certain cookies or pixels that may collect personal information so that it can be used in connection with the marketing efforts of third parties. In those instances, your personal information may be used for third parties to serve unsolicited information, services, or products to you.
. Business Transactions or Mergers. We reserve the right to share your personal information to third parties as part of any potential business or asset sale, merger, acquisition, investment, round of funding, or similar type of transaction. Additionally, if we are entering into a corporate transaction with a third party, we may receive personal information in connection with the diligence. If we close a transaction, the third party may transfer personal information, which we would use as described in this Policy.
. Bankruptcy or Insolvency. In the event of bankruptcy, insolvency, or dissolution proceedings, we may share your personal information with third parties as part of the sale or reorganization process.
. Information From Our Partners. We may collect information from and share information with our partners such as service providers, market research firms, timeshare exchange companies, owners associations, our affiliates, subsidiaries, joint ventures, or other companies under common control. We may combine that information with other information we collect about you, but we will always use the information as described in this Policy. We may also share information with our affiliates, subsidiaries, joint ventures or other companies under common control.
3. How Do We Use “Cookies” and Other Tracking Technologies?
We may send one or more cookies to your computer or other device. We may also use other similar technologies such as tracking pixels, tags, or similar tools when you visit our Services. These technologies can collect data regarding your operating system, browser type, device type, screen resolution, IP address, and other technical information, as well as navigation events and session information as you interact with our Services. This information allows us to understand how you use the Services.
What Are Cookies?
Cookies are small files created by websites, including our Services, that reside on your computer’s hard drive and that store information about your use of a particular website. When you access our Services, we use cookies and other tracking technologies to:
. Estimate our audience size and usage patterns;
. Store information about your preferences, allowing us to customize our Services according to your individual needs;
. Contact you to provide you with information or services that you request from us;
. Advertise new content, events, and services that relate to your interests;
. Provide you with more personalized content that is most relevant to your interest areas; and
. Recognize when you return to our Services.
We set some cookies ourselves and others are set by third parties. You can manage your cookies preference as described in the “Managing Your Cookies” section below.
What Types of Cookies Do We Use and Why?
The following chart lists the different types of cookies that we and our service providers use on the Services, examples of who serves those cookies and links to the privacy notices and opt-out information of those cookie servers. Because the specific cookies we use may vary over time, as well as differ by the specific page you are browsing, the below chart is illustrative only.
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Types of Cookies
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Purpose
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Who Serves
(for example)
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Essential
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These cookies are required for the operation of the Services and enable you to move around the Services and use its features. Disabling these cookies can negatively impact the performance of Services.
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Functionality
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These cookies are used to recognize you when you return to the Services. This enables us to personalize content for you and remember your preferences. These cookies also enable your interactions with the Services such as emailing us and customer support chat.
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Analytics, Performance, and Research
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These cookies, beacons, and pixels allow us to analyze activities on the Services. They can be used to improve the functioning of the Services. For example, these cookies recognize and count the number of visitors and see how they move around the Services. Analytics cookies also help us measure the performance of our advertising campaigns to help us improve them and to optimize the content on the Services for those who engage with our advertising.
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Social Networking
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These cookies are used to enable you to share pages and content that you find interesting on our Services through third-party social networking and other websites. These cookies may also be used for advertising purposes.
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Advertising
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These cookies and pixels are used to deliver relevant ads, track ad campaign performance, or track email marketing.
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We do not use analytical tools in a manner that discloses to third parties that a specific person viewed specific video materials.
How Long Do Cookies Stay on My Device?
Some cookies operate from the time you visit the Services until the end of that particular browsing session. These cookies, which are called “session cookies,” expire and are automatically deleted when you close your Internet browser.
Some cookies will stay on your device between browsing sessions and will not expire or automatically delete when you close your Internet browser. These cookies are called “persistent cookies” and the length of time they will remain on your device will vary from cookie to cookie. Persistent cookies are used for a number of purposes, such as storing your preferences so that they are available for your next visit and to keep a more accurate account of how often you visit the Services, how your use of the Services may change over time, and the effectiveness of advertising efforts.
Managing Your Cookies
To see how to manage your cookies, please see the Your Privacy Rights section below.
It may also be possible to block cookies by changing your Internet browser settings to refuse all or some cookies. If you choose to block all cookies (including essential cookies), you may not be able to access all or parts of the Services.
You can find out more about cookies and how to manage them by visiting https://allaboutcookies.org.
Does the Site Respond to “Do Not Track” Signals?
Edible recognizes the Global Privacy Control. Your browser must be able to support the GPC for us to recognize your opt-out preference signal. For more information on how to enable GPC, please refer to GPC’s website here: https://globalprivacycontrol.org.
4. Your Privacy Rights
Under certain privacy laws, some state residents are entitled to various privacy rights. As of the Last Updated date, laws in the states of California, Colorado, Connecticut, Utah, and Virginia offer certain consumer rights.
However, Edible values its customers’ privacy, and it therefore affords these rights to all users regardless of their state of residency. The chart below explains privacy rights available to you. Please note that these rights are not absolute and an exception may apply.
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Consumer Right
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Explanation
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Right to Know/Access
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You have the right to confirm whether we are processing your personal data, and the right to access that data.
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Right of Correction
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You have the right to correct inaccuracies in your personal data, taking into account the nature of the personal data and the purposes of the processing of the personal data.
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Right of Deletion
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You have the right to delete your personal data provided by you or obtained about you.
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Right of Portability
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Up to two times per calendar year, you have the right to obtain your personal data in a portable and—to the extent technically feasible—readily usable format that allows you to transmit the data to another entity without hindrance.
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Right to Opt-out
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You have the right to opt-out of the processing of your personal data for the purposes of:
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Targeted advertising;
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The sale of personal data; and/or
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Profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.
To opt-out, please visit our “Your Privacy Choices” page.
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Sensitive Data
We will not collect Sensitive Data, as defined by applicable privacy laws, without first obtaining your consent or providing you the right to opt out as required by applicable laws.
Exercising Your Rights
If you wish to exercise one of the above rights and it applies to you, you can submit your request here or you may visit our “Your Privacy Choices” link located at the bottom of the Site. You may also email us using the information set forth in the “Contact Us” section below specifying which right(s) you would like to exercise.
If necessary, we may request additional information reasonably necessary to authenticate you and your request.
In certain circumstances, you may make a request on behalf of another such as if you are an authorized agent or the parent or guardian of a child on behalf of whom you wish to exercise their rights. We may also request additional information to authenticate these requests.
We will respond to these consumer requests, if applicable, within 45 days of receipt of the request and without undue delay. If we need to extend this period, we will notify you of the delay and explain the reasonably necessary justifications for our delay.
We will provide responses to your requests free of charge unless certain exclusions apply, such as if you make more than two requests in a twelve-month period or if the request is manifestly unfounded, excessive, or repetitive in nature.
We will not discriminate against you for exercising any of your consumer rights, including by denying or charging different prices or rates for goods or services and providing a different quality of goods or services.
Appealing a Rights Request Decision
If we deny or fail to take action on your request to exercise your applicable consumer privacy rights, you may appeal our decision. To do this, you may email us at privacypolicy@edible.com or call us at 1-470-702-9840. In the email appeal, please specify the right(s) you requested to exercise and the date you made such a request.
We will inform you in writing within 45 days of any action taken or not taken in response to the appeal. We will also provide a written explanation of the reasons for our decisions regarding your request(s).
Our Loyalty Program
We offer our Edible Rewards® Program. When you use our Edible Rewards® Program, you will be eligible to participate in certain promotional programs and receive rewards, such as special offers and discounts. Please note that if you exercise your Right of Deletion, we will not be able to provide these benefits because we will not be able to track them without your account information. In the course of providing our Edible Rewards® Program, we will collect Analytics Information, Commercial History, and Contact Information. This information may be processed for the purposes of targeted advertising. We do not share this information with third parties as defined by the Colorado Privacy Act. You may find more information regarding the legal terms and conditions for the Edible Rewards® Program here: https://www.ediblearrangements.com/rewards/terms-and-conditions.aspx.
5. Nevada Users’ Rights
Under Nevada law, certain Nevada consumers may opt out of the sale of certain personally identifiable information for monetary consideration to a person for that person to license or sell such information to additional persons. We do not sell personally identifiable information under Nevada law.
If you are a Nevada resident who has purchased or leased goods or services from us, you may (A) submit a request to opt out of any potential future sales, and/or (B) request changes to your information by emailing us at privacypolicy@edible.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request.
6. Advertising and Marketing Choice
We respect your rights in how your personal information is used and shared. If at any time you would like to unsubscribe from receiving future emails, you can email us at privacypolicy@edible.com or follow the instructions at the bottom of each email, and we will promptly remove you from marketing correspondence. Please note, however, that we may still need to contact you regarding other matters.
7. How Long Is Your Personal Information Kept
We will retain your personal information until the personal information is no longer necessary to accomplish the purpose for which it was provided. We may retain your personal information for longer periods for specific purposes to the extent that we are obliged to do so in accordance with applicable laws and regulations, to protect you, other people, and us from fraud, abuse, an unauthorized access, as necessary to protect our legal rights, or for certain business requirements.
We will delete your personal information when it is no longer necessary for the purpose for which it was collected, or upon your request, subject to exceptions as discussed in this Statement or under applicable law, contract, or regulation.
8. Our Commitment to Data Security
The security of your personal information is important to us. We take various reasonable organizational, administrative, and technical measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. If required by law to do so, we will notify you and/or the relevant supervisory authority in the event of a data breach.
However, we cannot and do not guarantee complete security, as it does not exist on the Internet.
9. Where Your Personal Information Is Held
We process personal information on our servers in the United States of America, and may do so in other countries. If you use our Services or otherwise provide us with information from outside of the United States, you expressly consent to the transfer of your data to the United States, the processing of your data in the United States, and the storage of your data in the United States.
10. Third Party Links
Edible’s Services may contain links to third-party websites. When we provide links, we do so only as a convenience and we are not responsible for any content of any third-party website or any links contained within. It is important to note that this Statement only applies to Edible’s Services. We are not responsible and assume no responsibility for any personal information collected, stored, or used by any third party as a result of you visiting third-party websites. We also advise that you carefully read the privacy notice of any third-party websites you choose to visit.
11. Children’s Privacy
Protecting the privacy of the very young is especially important. Our Services are not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. In the event that we learn that we have collected personal information from a child under age 13 without verification or parental consent, we will immediately delete that information. If you believe that we might have any information from or about a child under 13, please contact us using the information provided in the “Contact Us” section below.
12. Policy Changes
This Statement may change from time to time. If we need to change this Statement at some point in the future, we will post any changes on this page. If we make a significant or material change to this Statement we will notify you via email. You should check these terms when you use the Site. Your continued use of the Site constitutes acceptance of the most current version of this Statement
13. Contact Us
If you have any questions about this Privacy Policy, please contact us by email at privacypolicy@edible.com or via phone at 1-470-702-9840.