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 1. Home
 2. /
 3. Legal
 4. /

 5. Privacy Policy

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.

 

Purpose

Categories of Personal Information

Targeted Ad / Sales

Data Shared with Third Parties

Categories of Third Parties

Account Creation and Management

Account Information

Analytics Information

Contact Information

Social Media Information

Organization-Related Information

Yes / No

Analytics Information

Analytics Providers

Third Party Advertisers

Purchase of Goods or Services

Analytics Information

Commercial History

Contact Information

Payment Information

Yes / No

Analytics Information

Commercial History

Contact Information

Analytics Providers

Third Party Advertisers

Marketing and Advertising

Analytics Information

Commercial History

Contact Information

Social Media Information

Yes / No

Analytics Information

Commercial History

Contact Information

Analytics Providers

Third Party Advertisers

Analytics and Research

Analytics Information

Commercial History

Contact Information

Social Media Information

Yes / No

Analytics Information

Commercial History

Contact Information

Social Media Information

Analytics Providers

Third Party Advertisers

Customer Service

Analytics Information

Contact Information

Chat Information

Yes / No

Analytics Information

Analytics Providers

Third Party Advertisers

Website Security and Maintenance

Analytics Information

Commercial History

No / No

N/A

N/A

 


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.

Types of Cookies

Purpose

Who Serves
(for example)

Essential

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.

 * Edible Arrangements
 * Adobe
 * Google

Functionality

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.

 * Adobe
 * Bazaarvoice
 * Google
 * Microsoft Visual Studio
 * OneTrust
 * PayPal

 

Analytics, Performance, and Research

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.

 * Adobe
 * Crazy Egg
 * Google
 * Hubspot
 * Meta
 * Microsoft Clarity
 * New Relic
 * Pintrest
 * Segment
 * TikTok
 * X (formerly Twitter)

 

Social Networking

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.

 * Google
 * Meta
 * X (formerly Twitter)

Advertising

These cookies and pixels are used to deliver relevant ads, track ad campaign
performance, or track email marketing. 

 * Adobe
 * Criteo
 * Dstillery
 * Epsilon (Dotomi)
 * Google
 * Microsoft (Xandr)
 * Reddit
 * Rubicon
 * Samba TV
 * TradeDesk
 * Weebly
 * X (formerly Twitter)
 * Xandr


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.

Consumer Right

Explanation

Right to Know/Access

You have the right to confirm whether we are processing your personal data, and
the right to access that data.

Right of Correction

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.

Right of Deletion

You have the right to delete your personal data provided by you or obtained
about you.

Right of Portability

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.

Right to Opt-out

You have the right to opt-out of the processing of your personal data for the
purposes of:

 1.     Targeted advertising;
 2.     The sale of personal data; and/or
 3.     Profiling in furtherance of decisions that produce legal or similarly
    significant effects concerning you. 

To opt-out, please visit our “Your Privacy Choices” page.


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.

 

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