PRIVACY POLICY
Effective Date: March 27, 2024
Welcome to Crunchies FD! We are committed to protecting and respecting your privacy. As used in this Privacy Policy, the terms “Crunchies FD,” “we” and “us” refer to the Crunchies FD family of companies and other affiliated entities under common ownership and control.
This Privacy Policy applies when you access and use our Website (as defined below), including when you register for an account, purchase our produce, packaged goods, other food and beverage items, merchandise, and any other items we offer for sale (collectively with and all related services and promotions, “Products”), request customer support, participate in contests, sweepstakes or promotions, or submit questions or feedback. This Privacy Policy also applies to Personal Information (as defined below) that we obtain when you communicate or interact with us outside of the Website, including by email, telephone, through our social media channels, and otherwise. This Privacy Policy explains the conditions under which Crunchies FD collects, uses and discloses your Personal Information, and your rights in relation to that information.
We use the word “Website” in this Privacy Policy to refer to any and all websites owned or operated by Crunchies FD (including the websites currently located at thecrch.com, as well as our mobile applications, through which access to our Products are available. References to the “Website” include any and all related features, functionality, tools, and content. Our provision of the Website and sale and delivery of Products are collectively referred to herein as the “Services.”
Please read this Privacy Policy carefully to understand how we will treat your Personal Information before you start to use our Website or Services or communicate with us outside the Website. By accessing or using the Website or the Services or communicating with us outside the Website, you are agreeing to the practices described in this Privacy Policy, which may be updated and amended from time to time . IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE OR SERVICES OR OTHERWISE COMMUNICATE WITH US.
Privacy Policy Overview
1. What Personal Information We Collect
As used in this Privacy Policy, “Personal Information” means any information that relates to or can be used to identify you. We collect Personal Information from the sources described below.
Information You Provide to Us
We collect Personal Information that you provide directly to us, including when you register for an account, initiate account sign-up, add Products to your cart, purchase Products, update your email or text messaging preferences, identify your food preferences, respond to a survey or provide other feedback about the Website or Service (including via a focus group, in person interview or survey conducted via a third party), communicate with us via email, telephone, text message, or chat, or otherwise contact us with questions or comments about the Website. The types of Personal Information you may provide in connection with use of the Service include:
contact information (such as name, billing and/or shipping address, email address and telephone number);
account passwords for the Website; and
payment card information and other billing information (such as card image, card number, cardholder name, expiration date, and card verification code) associated with your account, which may be collected by a third-party payment processor on our behalf.
Please do not provide us with sensitive information such as government identifiers, medical information, or financial information (except in connection to payments) in any communications with us (including via email, text message, feedback forms, or any other communication) unless such information is specifically requested by us.
Please note that all communications with us (including via telephone, email, chat, text message, and direct messages on social media) may be recorded and/or monitored.
Information Automatically Collected from Use of the Website
We also collect certain Personal Information when you access, browse, and use our Website, including information that we automatically receive and record from your browser or mobile platform, such as:
information about the device(s) you use to access our Website, including MAC address, IP address, browser type and version, your location, time zone setting, browser plug-in types and versions, operating system and platform, device type, device and application identifiers, operating information, mobile carrier, and cookies;
information about your visits to the Website, including the full URL clickstream to, through, and from the Website, including dates and times;
information we need and use to facilitate your use of our Website (including to provide access to third-party websites and services), such as URL requests, destination IP addresses, or device configuration details;
pages you view, searches you run, length of time browsing search results, specific search results you select to view, length of visits to other pages, page interaction information (such as scrolling, clicks, and mouse-overs), your engagement with certain variable/dynamic elements of a page and methods used to browse away from the page; and
page response times and download errors.
Some of the information we collect is generated using cookies and beacons. For more details about cookies, beacons, and your choices with respect to such technologies, see Cookies and Similar Technologies below.
Information from Other Sources
We may receive Personal Information about you from other sources, such as business partners, marketers, researchers, analysts, social network services, and other parties, to help us supplement our records and better understand our users.
We may also collect Personal Information about you from other Crunchies FD users. For example, a Crunchies FD user can use our referral program to tell a friend about our Services, providing the friend's name and email address in the process. Crunchies FD users are responsible for obtaining any necessary consent from you before submitting your Personal Information to us.
We may also combine the Personal Information we collect with publicly available information or information we receive from other sources (“Combined Information”) and may use such Combined Information in accordance with this Privacy Policy.
2. How We Use Your Personal Information
We may use the Personal Information we collect for business and commercial purposes, including to:
provide the Website and Services to you and send you information that enables you to use our Website and purchase Products;
operate our Website, including access management, payment processing, Website administration, internal operations, troubleshooting, data analysis, testing, research, and statistical and survey purposes;
create and manage your account;
contact you about activity on your account;
respond to your requests, feedback, or inquiries;
notify you about updates, information, or alerts regarding our Website and Services, and otherwise communicate with you;
comply with laws, regulations, and other legal requirements, as well as with applicable industry standards and internal policies;
protect and enforce our rights and the rights of other users against unlawful activity, including identify theft and fraud;
enforce and prevent violations of our Terms of Service;
protect and enforce our rights arising under any agreements entered into between you and us, including billing and collection;
protect the integrity and maintain the security of our Website, including secured areas of the Website;
operate, evaluate and improve our business, including conducting surveys and market research and analyzing such results, developing new products, services, and promotions (such as, for example, special events, programs, offers, sweepstakes, and contests), analyzing and enhancing existing products, services, and promotions, and managing our communications;
perform accounting, auditing, and other internal functions;
market and advertise the Services to you both online and offline (including via direct mail and TV) and provide you with announcements about our Products and Services, promotions, and information about upcoming events;
deliver content tailored to your interests and the manner in which you use our Website and present content in a manner that is optimized for your device;
identify you on the Website or across the Internet so that we can advertise our Services to you and personalize our ads to you;
make certain inferences regarding your preferences, characteristics, predispositions, behavior, attitudes, intelligence, abilities, and aptitude; and
otherwise provide our Services to you.
In addition, we may use your information as described in any additional notice provided at the time you provide the information, and for any other purpose for which you may provide consent.
We may also de-identify, anonymize, or aggregate your Personal Information so that it can no longer reasonably identify you or your device, or we may collect information that is already in de-identified form. Our use and disclosure of de-identified information is not subject to any restrictions under this Privacy Policy, and we may use and disclose it to others for any purpose, including, without limitation, to improve our Services and for research and marketing purposes. For example, we may disclose de-identified information to:
our partners about how our users, collectively, use our Website, so that our partners may also understand how often people use their services and our Website;
analytics, search engine, or other service providers that help us improve and drive traffic to our Website;
report to our affiliates, licensors, and service providers about the use of various aspects of the Website; and
other users or prospective users of the Website.
3. How We Disclose Your Personal Information
We may disclose your Personal Information to:
Service Providers. We use select third-party vendors to enable us to operate our business and provide our Website and Services to you, as described in this Privacy Policy. These service providers provide a variety of services to us, including customer service, payment processing, shipping, sales, direct marketing (including via direct mail and TV), product design and development, data storage, security, fraud prevention, research, legal services, and other technical services to keep our Website running and safe, as well as to make our Services available to you. These service providers are permitted to access and use your Personal Information for purposes of performing services for Crunchies FD or to comply with applicable legal requirements.
Online Advertising Partners. We may disclose your Personal Information to certain (i) online advertising and related analytics partners who perform certain types of targeted online advertising and other related services for us and (ii) direct marketing partners. For example, our online advertising partners may serve advertisements on our behalf across the Internet and analyze interactions with our advertisements.
Entities for Business Transactions. We may disclose your Personal Information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, liquidation, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by us about our users is among the assets transferred.
Entities for Legal Purposes. We may disclose your Personal Information to law enforcement agencies, government officials, or other third parties if required to do so by law or in a good faith belief that such disclosure is reasonably necessary for the purposes of (i) complying with any court order, law or legal process, including to respond to any government or regulatory request; (ii) preventing fraud and providing credit risk reduction; (iii) investigating potential unauthorized access or misuse of our Website or other breach of our Terms of Service and other agreements; (iv) protecting the assets or property, and enforcing the rights of Crunchies FD, including for billing and collection purposes; and (v) protecting the rights, property, or safety of our users or others.
Other Third Parties. We may disclose your Personal Information to other third parties (including you, upon request) as we believe to be necessary or appropriate, including with your express consent for any purpose disclosed by us when you provide the information.
4. Cookies and Similar Technologies
We may use cookies, beacons, and similar technologies, now or in the future, to support the functionality of our Website. This provides a better experience when you visit our Website and allows us to improve our Website. Our service providers may use cookies and beacons to collect and disclose certain Personal Information about your activities both on our Website and on other websites. In addition, third parties that are unaffiliated with us may also collect information about you, including tracking your browsing history, when you use our Website. If you wish to minimize these third-party collections, you can adjust the settings of your browsers, install plug-ins and add-ins, or use the opt out mechanisms noted below. Examples of the types of technologies we use on the Website include:
Browser Cookies. A browser cookie is a small file placed on the hard drive of your computer. That cookie then communicates with servers (both ours and those of other companies that we authorize to collect data for us) and allows recognition of your personal computer or other device. You may use the tools available on the device you use to access the Website to set your browser to refuse or disable all or some browser cookies, or to alert you when cookies are being set. However, if you refuse or disable all browser cookies, you may be unable to access certain parts or use certain features or functionality of our Website. Unless you have adjusted your browser settings so that it refuses all cookies, we may use cookies when you direct your browser to our Website.
Beacons. Our Website and emails may contain small electronic files known as beacons (also referred to as web beacons, clear GIFs, pixel tags and single-pixel GIFs) that permit us to, for example, count users who have visited those pages or opened an email and for other website-related statistics. Beacons in email marketing campaigns also allow us to track your responses and your interests in our content, offerings, and web pages. This data allows us to gauge the effectiveness of our communications and marketing campaigns and help us tailor the content we deliver to you. You may use the tools in your device to disable these technologies as well.
Google, Inc. (“Google”) is one example of a partner of ours that uses cookies or similar technologies to collect information about your browsing activities over time and across different websites following your visit to our Website. Google Analytics is a web analytics service provided by Google that uses first-party cookies to track users' interactions and collect other information about how you use our Website. We then use the information to compile reports, including usage trends, to help us improve our Website. You can opt out of Google Analytics without affecting how you visit our Website. For more information on how Google collects and uses this data, go to www.google.com/policies/privacy/partners/, or review the Google Analytics Terms of Service at https://www.google.com/analytics/terms/us.html. For more information about opting out of being tracked by Google Analytics across all websites you use, please visit https://tools.google.com/dlpage/gaoptout/.
If you sign up for our text messaging program, cookies may be used to personalize your experience (e.g., send you personalized text messages such as shopping cart reminders).
5. Your Rights and Choices
We offer you certain choices in connection with the Personal Information we collect from you.
Email Communications. When you provide us with your email address, you will receive certain email communications from us related to our Website and Services. You can opt out of marketing emails at any time by following the instructions at the bottom of our emails, but note that it may take some time, in accordance with our legal obligations, to fulfill your request. Please also note that certain emails may be necessary for the operation of our Website and Services. You will continue to receive these emails, if appropriate, even if you unsubscribe from our optional communications.
Text Communications. When you provide us with your phone number while signing up for our Services, you will receive certain transactional and informational text messages from us related to your account and orders. You may also have the option to receive certain automated marketing and promotional messages. If you provide us with your phone number in order to receive text message communications, you may opt out of receiving text messages at any time by replying “STOP”, and you can contact us here if you need additional help. If you unsubscribe from one of our text message programs, you acknowledge that you may continue to receive text messages from Crunchies FD through our other text message programs you may have joined until you separately unsubscribe from those programs. We do not disclose your opt-in data and consent preferences with any third parties other than our text message provider. For additional information about our text messaging program, please review our Terms of Service.
Cookies and Similar Technologies. If you wish to minimize information collected by cookie or beacon, you can adjust the settings of your browsers to notify you when you receive a cookie, which lets you choose whether or not to accept it. You can also set your browser to automatically reject any cookies. You may also be able to install plug-ins and add-ins that serve similar functions. However, please be aware that some features and services on our Website may not work properly after you adjust certain cookies. In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests. Please note that most cookie-based opt-outs will only affect the specific computer and browser that is used to submit an opt-out request. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt-out on each device.
Network Advertising Initiative. Certain websites you visit may provide options regarding tailored advertisements you receive when on those websites. If you wish to minimize the amount of targeted advertising you receive, you can opt out of certain network advertising programs through the Network Advertising Initiative (NAI) Opt-Out Page. Please note that even if you choose to remove your information (opt out) you will still see advertisements while you're browsing online. However, the advertisements you see may be less relevant to you. For more information or to opt out of certain online behavioral advertising, please visit https://www.aboutads.info. Additionally, many advertising network programs allow you to view and manage the interest categories that they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.
If you are resident of certain states in the U.S., you may also have the following rights regarding your Personal Information (each of which are subject to various exceptions and limitations):
General Rights
Right to Request Access to Personal Information. You may have the right to request access to the specific pieces of Personal Information we hold about you in a structured, commonly used and machine-readable format. Additional information about the categories of Personal Information we have collected from or about you, the categories of sources from which we have collected that information, the business or commercial purpose for the collection, selling, or sharing of such information, and the categories of third parties to which we have disclosed this information are all described in this Privacy Policy.
Right to Delete Personal Information. You may have the right to request that we delete your Personal Information, subject to certain exceptions permitted under applicable law. For example, if your information is necessary to complete your order, protect against fraud, or complete other lawful purposes recognized under the law, we may deny your request or retain certain Personal Information as required or permitted by law.
Right to Correct Personal Information. The accuracy of the information we have about you is very important. To review or correct your Personal Information, please visit the “Account Details” section of the Website and follow the prompts, or contact us.
Right to Nondiscrimination. Crunchies FD will not discriminate against you in any way if you choose to exercise any of the above rights. However, please keep in mind that some of our Services cannot be provided if we do not have your Personal Information.
You (or an Authorized Agent acting on your behalf as detailed below) may exercise these rights. If you have additional questions or need help exercising your rights, you can contact us.
If you are a resident of certain U.S. states and we deny your request to exercise the rights described above in whole or in part, you may have the right to appeal our decision. If you are a resident of one of these states and you wish to make such a request, please contact us.
Right to Opt-out of Targeted Advertising and Sale/Sharing of Personal Information
As we described in the Online Advertising Partners section above, we disclose your Personal Information with certain third-party partners that provide us with online advertising and related analytics services, as well as certain direct marketing services. In certain states, these activities may be considered the “sale” of Personal Information or the “sharing” or “processing” of Personal Information for purposes of online targeted advertising. If you would like to exercise your right to opt-out of online targeted advertising, as well as the sale of your Personal Information, please submit a request. If you have additional questions or need help exercising your rights, you can contact us.
Some browsers offer you the ability to opt out of cookie-based and other online tracking, which may be considered the “sale” of Personal Information or the “sharing” or “processing” of Personal Information for online targeted advertising. At this time, we endeavor to respond to browser-based opt-out signals sent through the Global Privacy Control: https://globalprivacycontrol.org/. We do not respond to “do not track” or other browser-based signals.
Please note that in order to exercise the rights described in this section, you will need to verify your identity to protect your security and Personal Information. Only you or someone legally authorized to act on your behalf (an “Authorized Agent”) may submit a request. If an Authorized Agent submits a request on your behalf, we may require written proof of authorization and verification of identity directly from you.
6. Data Retention
We will retain your Personal Information for as long as we reasonably consider it necessary or appropriate to achieve the purposes described in this Privacy Policy, or for as long as we are required or permitted to retain it under applicable law (including to satisfy our legal, accounting, or reporting obligations). To determine the appropriate retention period for Personal Information, we may consider factors such as the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of the Personal Information, the purposes for which we process the Personal Information, and applicable legal requirements.
7. Securing Your Personal Information
The security of your information is important to us, and we have established administrative, technical, and physical safeguards designed to protect your Personal Information against unauthorized alteration, access, loss, theft, use, or disclosure. Unfortunately, no system can guarantee complete security of your information. As a result, Crunchies FD cannot ensure or warrant that your information, including your Personal Information, is secure from unauthorized third parties. Thus, your use of the Website and communication with us about them is at your own risk.
You are responsible for protecting your password and for the security of information that you transmit to us over the Internet. If you have reason to believe that your interaction with the Website is no longer secure (for example, if you believe that the security of your username or password has been compromised), you must immediately notify us of the problem by contacting us.
8. Children's Information
Our Website is directed to and is intended to be used only by persons who are 18 years of age or older. We do not knowingly collect information from individuals under 18 and do not knowingly sell or share the Personal Information of anyone under the age of 18. If you are under 18 years of age, you are not permitted to register for an account or otherwise submit any Personal Information to us, including your name, address, or email address. If we discover that we have collected any Personal Information from an individual under the age of 18, we will suspend the associated account and remove that information from our database as soon as possible. By registering for an account or submitting any Personal Information to us, you represent and warrant that you are 18 years of age or older.
9. Third-Party Websites and Services
Our Website may contain links to third-party websites and services. Please note that these links are provided for your convenience and information, and the websites and services are owned and controlled by third parties, operate independently from us, and have their own privacy policies or notices, which we strongly suggest you review. This Privacy Policy applies to Crunchies FD and our Website only. We do not accept any responsibility or liability for the policies or practices of any third parties, and we do not endorse, screen, or approve of, the terms or policies of websites or services that we do not own or control. The inclusion of a link on the Website does not imply Crunchies FD's endorsement of the linked site or service. If you choose to access any websites or services linked from our Website, please check the applicable policies before you use or submit any personal data to such website or service.
10. Additional Privacy Information for California Residents
If you are a California resident, the California Consumer Privacy Act, as amended (“CCPA”), requires us to provide you with the following additional information about: (1) the purposes for which we use each category of Personal Information we collect and (2) the categories of third parties to which we (a) disclose such Personal Information for a business purpose, (b) “share” such Personal Information for “cross-context behavioral advertising,” and/or (c) “sell” such Personal Information.
While we do not “sell” your Personal Information in exchange for money, the definitions of “sell” and “share” under California law are very broad and include many common business activities involving the transfer of data, such as certain types of online advertising and related analytics activities as further described in the Online Advertising Partners section above. Therefore, some of these activities may constitute “sharing” or “selling” Personal Information under California law. The following chart details these practices.
Category of Personal Information
Purpose of Use
Categories of Third Parties to Which We Disclose This Personal Information
Categories of Third Parties to Which We “Sell” or “Share” Personal Information for Advertising/Analytics Purposes
Contact and account information
Provide and improve our Services
Communicate with you
Advertise and market the Services
Business operations and legal purposes
Service providers
Affiliated entities
Online advertising partners
Entities for legal purposes
Entities for business transactions
Online advertising and direct marketing partners
Payment information
Provide our Services
Process your payments
Business operations and legal purposes
Service providers
Affiliated entities
Entities for legal purposes
Entities for business transactions
We do not sell/share
Information collected through automated means
Provide and improve our Services
Advertise and market the Services
Personalize the Services
Business operations and legal purposes
Service providers
Affiliated entities
Online advertising partners
Entities for legal purposes
Entities for business transactions
Online advertising and direct marketing partners
Commercial information, purchase history, inferences, and general preference information
Provide and improve our Services
Communicate with you
Advertise and market the Services
Business operations and legal purposes
Service providers
Affiliated entities
Online advertising partners
Entities for legal purposes
Entities for business transactions
Online advertising and direct marketing partners
Customer service interaction information
Provide and improve our Services
Communicate with you
Business operations and legal purposes
Service providers
Affiliated entities
Entities for legal purposes
Entities for business transactions
We do not sell/share
Information collected through surveys
Provide and improve our Services
Communicate with you
Advertise and market the Services
Business operations and legal purposes
Service providers
Affiliated entities
Entities for legal purposes
Entities for business transactions
We do not sell/share
For more information about each category, purpose of use, and third parties to which we disclose or sell/share Personal Information, please see the sections entitled What Personal Information We Collect, How We Use Your Personal Information, and How We Disclose Your Personal Information above.
Your Choices Regarding “Sharing” And “Selling
As described in more detail in the Your Rights and Choices section of our Privacy Policy, you have the right to opt out of Crunchies FD's sale/sharing of your Personal Information for purposes of online advertising, analytics, and related activities.
Other CCPA Rights
Please see the Your Rights and Choices section of our Privacy Policy for information about the additional rights you have with respect to your Personal Information under California law and how to exercise them.
Please see the Data Retention section of our Privacy Policy for more information about Crunchies FD's retention of your Personal Information.
The CCPA also allows you to limit the use or disclosure of your “sensitive personal information” (as defined in the CCPA) if your sensitive personal information is used for certain purposes. Please note that we do not use or disclose sensitive personal information other than for business purposes for which you cannot opt out under the CCPA.
Notice of Financial Incentives
Material terms of discount program. From time to time, Crunchies FD may provide a variety of discounts in exchange for Personal Information, such as asking a user to provide their email address, telephone number, or other information in exchange for a discount. Crunchies FD uses the email address or telephone number provided in exchange for the discount to provide the Crunchies FD newsletter, to market future products, and/or for other internal statistical purposes.
How the discount is reasonably related to the Personal Information provided. Our discount program is based upon our reasonable but sole determination of the estimated value of the Personal Information provided, which takes into consideration, without limitation, (i) estimates regarding the anticipated revenue generated from such information, (ii) the anticipated expenses which might be incurred in the collection, storage, and use of such information in the operation of our business, and (iii) other relevant factors related to the estimated value of such information to our business, as permitted under applicable law.
Opt-in. By providing your email address or telephone number during the discount sign-up process, you affirmatively opt in to our discount program. If you wish to opt out of the discount program, do not submit your email address or telephone number.
Right to withdraw. If you're a California resident and wish to withdraw from the discount program, you may submit such a request before completing your order to which the discount will be applied.
11. International Jurisdictions
Crunchies FD is a U.S. company. The Website is hosted in the United States and is subject to U.S. state and federal law. The Services are not intended for European Union or United Kingdom (“EU”) residents and are not intended to subject us to the laws or jurisdiction of any state, country, or territory other than those of the United States. If you provide us with Personal Information, you understand that your information may be collected and stored in the United States and other countries that may not or do not provide the same level of protection as the EU. If you are accessing our Website from other jurisdictions, please be advised that you are transferring your Personal Information to us in the United States, and by using our Website, you consent to that transfer and use of your Personal Information in accordance with this Privacy Policy. You also agree to abide by the applicable laws of applicable states and U.S. federal law concerning your use of the Website and your agreements with us. Any persons accessing our Website from any jurisdiction with laws or regulations governing the use of the Internet, including personal data collection, use and disclosure, different from those of the jurisdictions mentioned above may only use the Website in a manner lawful in their jurisdiction. If your use of the Website would be unlawful in your jurisdiction, you may not use the Website.
12. Changes to Our Privacy Policy
We occasionally review this Privacy Policy to make sure it complies with applicable laws and conforms to changes in our business. We may need to update this Privacy Policy, and we reserve the right to do so at any time. If we do revise this Privacy Policy, we will update the “Effective Date” at the top of this page so that you can tell if it has changed since your last visit. Your continued use of our Website and/or Services constitutes your acceptance of the terms of the Privacy Policy as amended or revised by us from time to time.
13. Contact Us
If you have questions or comments relating to this Privacy Policy, or if you would like us to update information we have about you or your preferences, please contact us, or write to us at:
Crunchies FD, Inc.
3903 Ringgold Rd
Suite 109
East Ridge, TN 37412
Attention: CRCH