This Privacy Policy describes how freshpark.com (the “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site.

Terms & Conditions

All material and audiovisual works provided to Freshpark, Inc. (“Freshpark”) or  given access to, shall be referred to as “User Submissions.”

You shall be solely responsible for your own User Submissions and the consequences of submitting them. In connection with User Submissions and all material used, contained, displayed, featured, incorporated by Freshpark as set forth herein, you represent, and warrant that: (i) you own or have all the necessary licenses, rights, consents, and permissions, including without limitation, all  intellectual property rights necessary for Freshpark to use and publish your User Submissions and for you to license your User Submissions to Freshpark; (ii) you have  secured all rights, licenses, and permissions to use and to license to Freshpark, any and  all works and/or material owned by any third party, used or appearing in or in connection with your  User Submissions; (iii) you own or have all the necessary licenses, rights, consents, and permissions,  including without limitation, all rights relating to the name(s), image(s), likeness(es), rights of privacy,  and rights of publicity (whether common law or statutory) of any person appearing in any User Submission (collectively, “Personal Rights”), to use and publish your User Submissions and to license  your User Submissions to Freshpark, and further that any such person is at least 18 years  old or the age of majority in the jurisdiction in which that person resides (whichever is greater) or, if  that person is younger than the greater of 18 years or the age of majority, you have received such  permission from that person’s parent or legal guardian; and (iv) your User Submission does not infringe and will not infringe on the copyright, trademark, trade secret, rights of privacy or publicity, or other intellectual property or personal rights of any person or entity. In addition, your User Submission may not contain content that is unlawful, harmful, abusive, or harassing, constitutes inherently dangerous activities, or threatens your safety or the safety of any other person.

You understand that whether or not such User Submissions are published, Freshpark does not guarantee, and disclaims, any confidentiality with respect to any User Submissions.

By submitting User Submissions to Freshpark, you hereby agree as follows: (i) you grant to Freshpark, and its parents, subsidiaries, affiliated entities, licensees, designees, assigns,  and successors, a worldwide, non-exclusive, royalty-free license to use, reproduce, copy, transmit, distribute, prepare derivative works of, cache, store, display, edit, resize, replace audio, telecast, rerun,  syndicate, perform, compile with other third party content, and otherwise exploit the User Submissions, in any media formats now known or hereafter devised and through any media channels, in whole or in part, in connection with the service, product and channel currently known as Freshpark, and  all channels and subchannels, programs, websites, social media accounts, platforms and sub-platforms, apps (native or otherwise), properties, formats, products, or services now or hereafter owned, operated, or offered by Freshpark or its parents, subsidiaries, affiliates or licensees; any commercial or non-commercial purposes; and in any other manner relating to Freshpark's businesses, including without limitation, for advertising, marketing, promoting, and of redistribution all or a portion thereof (collectively, the “Channels”); (ii) you grant each licensee of Freshpark a non-exclusive license to view your User Submissions through the Channels, and to use, copy, reproduce, distribute, display and perform such User Submissions as permitted through these Terms and any license entered with said licensees; (iii) you grant Freshpark, and its parents, subsidiaries, affiliated entities, licensees, designees, assigns, and successors, a  worldwide, non-exclusive and royalty-free license the right to use the name, website, social media  channel or other identifiable information that you submit in connection with such User Submissions. You understand and agree, however, that Freshpark may retain, but not display, distribute, or perform, server copies of your User Submissions that have been removed or deleted. The above licenses granted by you terminate within a reasonable time after your User Submissions is removed or deleted by Freshpark, if so removed or deleted; (iv) You grant Freshpark the  right to edit and/or modify any User Submissions. Freshpark each reserves the right to not  use the User Submissions at all and/or to use as much or as little of the User Submissions as deemed  appropriate; (v) You grant Freshpark the right to place any advertising or promotions on the Channels or on, about, around, incorporated into, or in conjunction with your User Submission(s). The manner, mode and extent of such advertising and promotions are subject to change without  specific notice to you; (vi) you will not submit any User Submission that is subject to a third party’s copyright, protected by third party’s trade secret or otherwise subject to third party proprietary rights, including intellectual property rights and Personal Rights, unless you are the owner of such rights or  have permission from their rightful owner to submit the material and to grant Freshpark all of the licenses granted herein; (vii) you authorize and license to Freshpark to use all intellectual property rights and Personal Rights in and to any and all User Submissions to enable  publication and use of the User Submissions in the manner contemplated by yourself and Freshpark, in accordance with these Terms and Conditions; and (viii) you waive any and all rights to claims you may have based upon or relating to any use of your User Submissions or the works derived therefrom including but not limited to claims for infringement, invasion, misappropriation, or  violation of any intellectual property rights or Personal Rights, and you will neither sue nor bring any  claims or proceedings against Freshpark, its parents, subsidiaries, affiliated entities,  licensees, designees, assigns, and successors based upon or relating to its use of the User  Submission(s).

The Content is, and will remain exclusively owned by you, and all right, title, and interest in and to the Content is owned and reserved by you; and Freshpark will not take any action inconsistent with, or which may adversely affect your ownership of the Content.

Freshpark reserves the right to delete any User Submissions for any or no reason, and without prior notice. Freshpark does not permit copyright-infringing activities on its Service, and will remove any User Submission if notified that such User Submission infringes on another’s copyright. Freshpark each reserve the right to remove User Submissions without notice.  Deleted User Submissions may be stored by Freshpark in order to comply with certain legal obligations and are not retrievable without a valid court order. Consequently, Freshpark encourages you to maintain your own backup of your User Submissions.  

Freshpark does not endorse any User Submission or any opinions, actions,  recommendations, or advice expressed therein, whether direct or implied, and Freshpark expressly disclaims any and all liability in connection with such User Submissions.

SMS Communications

1. Information We Collect

We collect the following information when you sign up for SMS communications:

• Mobile Phone Number: When you register for SMS communications, we collect your phone number to send you messages.
• Message Interaction Data: We may collect data related to your interaction with SMS messages, such as message delivery status, message opens, and responses to SMS communications.

In addition to the information provided directly by you, we may also collect information automatically, such as:

• Device Information: Information about your mobile device, such as device model, operating system, and mobile network information.

2. How We Use Your Information

We use your personal information for the following purposes:

• To Send SMS Communications: We use your mobile number to send you updates, notifications, promotional offers, or important information regarding your account or our services.
• To Improve Services: Data collected from SMS interactions may be used to enhance our services, personalize your experience, or offer content that may be of interest to you.
• For Customer Support: If you contact us for support, we may use your information to address your inquiries, complaints, or service-related issues.

3. Consent

By providing your mobile phone number for SMS registration, you consent to receive SMS messages from us. You may opt out of receiving SMS messages at any time by replying “STOP” to any SMS message you receive or contacting us directly.

4. Sharing Your Information

We will not sell, share, or otherwise disclose your mobile number or any personal information, except in the following cases:

• Legal Obligations: We may disclose your information when required by law, court order, or other legal processes, or when necessary to protect our rights, safety, or property.

5. Data Security

We take reasonable precautions to protect your personal information from unauthorized access, loss, misuse, or alteration. Our SMS service providers implement industry-standard security measures to ensure the confidentiality and integrity of your data.

However, no method of transmission over the internet or via mobile communication is completely secure. While we strive to protect your personal data, we cannot guarantee absolute security.

6. Data Retention

We will retain your information only as long as necessary to fulfill the purposes outlined in this Privacy Policy or as required by law. You may request the deletion of your mobile number from our systems at any time by contacting us.

7. Children's Privacy

Our services are not directed at children under the age of 13, and we do not knowingly collect information from children. If you believe we have inadvertently collected personal information from a child, please contact us, and we will take steps to delete that information.

8. Your Rights and Choices

You have the following rights regarding your personal information:

• Opt-Out: You can opt-out of receiving SMS communications at any time by replying “STOP” to any SMS message.
• Access and Correction: You may request access to your personal data or correction of any inaccurate information by contacting us.
• Deletion: You may request the deletion of your information from our systems by contacting us at 714-369-2495.

Contact

After reviewing this policy, if you have additional questions, want more information about our privacy practices, or would like to make a complaint, please contact us by e-mail at sales@freshpark.com or by mail using the details provided below:

Freshpark, 7412 Count Circle, Huntington Beach CA 92647, United States

Collecting Personal Information

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information about an identifiable individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

• Device information
• Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
• Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels 
• Disclosure for a business purpose: shared with our processor Shopify, Shipstation, Meta, Google.
• Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
• Order information
• Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
• Source of collection: collected from you.
• Disclosure for a business purpose: shared with our processor Shopify  Shipstation, Meta, Google.
• Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number.
• Customer support information
• Purpose of collection: to provide customer support.
• Source of collection: collected from you
• Disclosure for a business purpose: shared with our processor Shopify and other vendors in the supply chain to assure you satisfaction with your purchase.

Sharing Personal Information

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:

• We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
• We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Behavioral Advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

• We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
• We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).
• We use Shopify Audiences to help us show ads on other websites with our advertising partners to buyers who made purchases with other Shopify merchants and who may also be interested in what we have to offer. We also share information about your use of the Site, your purchases, and the email address associated with your purchases with Shopify Audiences, through which other Shopify merchants may make offers you may be interested in.

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at https://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by:

FACEBOOK - https://www.facebook.com/settings/?tab=ads

GOOGLE - https://www.google.com/settings/ads/anonymous

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: https://optout.aboutads.info/.

Using Personal Information

We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.

Lawful basis

Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

• Your consent;
• The performance of the contract between you and the Site;
• Compliance with our legal obligations;
• To protect your vital interests;
• To perform a task carried out in the public interest;
• For our legitimate interests, which do not override your fundamental rights and freedoms.

Retention

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

Automatic decision-making

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

We do not engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

Services that include elements of automated decision-making include:

• Temporary blacklist of IP addresses associated with repeated failed transactions. This blacklist persists for a small number of hours.
• Temporary blacklist of credit cards associated with blacklisted IP addresses. This blacklist persists for a small number of days.

Your rights

GDPR

If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information above.

Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.

CCPA

If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information above. 

If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address above.

Cookies

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

We use the following cookies to optimize your experience on our Site and to provide our services.

Cookies Necessary for the Functioning of the Store

Name	Function	Duration
_ab	Used in connection with access to admin.	2y
_secure_session_id	Used in connection with navigation through a storefront.	24h
_shopify_country	Used in connection with checkout.	session
_shopify_m	Used for managing customer privacy settings.	1y
_shopify_tm	Used for managing customer privacy settings.	30min
_shopify_tw	Used for managing customer privacy settings.	2w
_storefront_u	Used to facilitate updating customer account information.	1min
_tracking_consent	Tracking preferences.	1y
c	Used in connection with checkout.	1y
cart	Used in connection with shopping cart.	2w
cart_currency	Used in connection with shopping cart.	2w
cart_sig	Used in connection with checkout.	2w
cart_ts	Used in connection with checkout.	2w
cart_ver	Used in connection with shopping cart.	2w
checkout	Used in connection with checkout.	4w
checkout_token	Used in connection with checkout.	1y
dynamic_checkout_shown_on_cart	Used in connection with checkout.	30min
hide_shopify_pay_for_checkout	Used in connection with checkout.	session
keep_alive	Used in connection with buyer localization.	2w
master_device_id	Used in connection with merchant login.	2y
previous_step	Used in connection with checkout.	1y
remember_me	Used in connection with checkout.	1y
secure_customer_sig	Used in connection with customer login.	20y
shopify_pay	Used in connection with checkout.	1y
shopify_pay_redirect	Used in connection with checkout.	30 minutes, 3w or 1y depending on value
storefront_digest	Used in connection with customer login.	2y
tracked_start_checkout	Used in connection with checkout.	1y
checkout_one_experiment	Used in connection with checkout.	session

Reporting and Analytics

Name	Function	Duration
_landing_page	Track landing pages.	2w
_orig_referrer	Track landing pages.	2w
_s	Shopify analytics.	30min
_shopify_d	Shopify analytics.	session
_shopify_s	Shopify analytics.	30min
_shopify_sa_p	Shopify analytics relating to marketing & referrals.	30min
_shopify_sa_t	Shopify analytics relating to marketing & referrals.	30min
_shopify_y	Shopify analytics.	1y
_y	Shopify analytics.	1y
_shopify_evids	Shopify analytics.	session
_shopify_ga	Shopify and Google Analytics.	session

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as: www.allaboutcookies.org.

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioral Advertising” section above.

Do Not Track

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Changes

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

Complaints

As noted above, if you would like to make a complaint, please contact us by e-mail or by mail using the details provided under “Contact” above.

 

This additional privacy notice discloses the privacy practices for www.freshpark.com. This privacy notice applies solely to information collected by this web site. It will notify you of the following:

1. What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
2. What choices are available to you regarding the use of your data.
3. The security procedures in place to protect the misuse of your information.
4. How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.

Security
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 714-369-2495 or via email.

DEALERSHIP TERMS

Dealership Requirements
All Freshpark product dealers must maintain a storefront for retail sales and must maintain regular business hours. Any Freshpark product dealer must carry, display and sell Freshpark product inventory to qualify as an active dealer.

Insurance Requirements
Dealers will carry general liability insurance and have proof of insurance sent to Freshpark by their insurance agent.

Pricing and MSRP
Freshpark sets a Manufacturers Suggested Retail Price, MSRP, for all its regularly available products. The MSRP for each product can be found on any Freshpark order form for each product, on the web at www.freshpark.com, or by calling Freshpark directly at 714.369.2495. Pricing for Freshpark products are subject to change without notice.

Territories and Exclusivities
Freshpark does not regularly offer exclusives or protected territories to retailers. Exceptions are at the sole discretion of Freshpark.

Internet Sales
All Internet sales of Freshpark products are strictly governed and at the sole discretion of Freshpark. Auction sales of Freshpark products are prohibited except in cases strictly authorized by Freshpark.

Payments
Freshpark accepts Visa, MasterCard, Discover, and American Express for all orders not on open account. Open Account orders are regulated by the terms and conditions set by Freshpark for these accounts.

Drop Shipments
Freshpark will add a minimum 15% handling charge to all drop shipments based on the total wholesale price of all items. Drop shipments will be on dealers shipping account unless otherwise agreed by Freshpark. Freshpark will not be responsible for any shipping or freight charges related to drop shipment of orders including return shipment costs, COD charges, surcharges, etc.

Shipping and Freight
Freshpark ships via FedEx Ground for small volume orders, and via common carrier for larger quantity orders. Other shipping options are available upon request. Damage claims are the sole responsibility of the carrier and must be negotiated directly between the dealer and the carrier. Any claim must be filed with the carrier upon delivery. Ownership of goods is transferred to dealer upon delivery to shipper.

Assembly and Branding services
Freshpark may offer assembly of its products and branding services at their discretion. Average turnaround time for custom services like these is 5-7 business days.

Back Orders
Freshpark will not hold backorders of a requested product if the product is out of stock or unavailable. Freshpark will notify the customer when the product is available.

Warranty Policy
A limited warranty for Freshpark products is provided by Freshpark to the original purchaser. Please see the Freshpark Limited Warranty in your product owner's manual for details, or contact Freshpark directly if there are further questions.

Last updated: 2022.11.10