Terms of Service

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

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 info@myfreshbrandz.com or by mail: Fresh Brandz LLC, 8903 Glades Road, Suite A14-100, Boca Raton, Florida 33434.

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.
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.
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: should you reach out to us for customer service, we may request information to help with the completion of your request as needed
Source of collection: we may need to ask you to provide information
Disclosure for a business purpose: to help customer with questions or customer service needs
Personal Information collected: only as disclosed by you to aid in customer service
Purpose of collection: to provide customer support.
Source of collection: collected from you
Disclosure for a business purpose: customer service is provided by Fresh Brandz LLC
Personal Information collected: collected from you as needed

Minors

The Site is not intended for individuals under the age of 18. We do not intentionally collect Personal Information from minors. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address above to request deletion.

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:

Click the following links below to opt out of receiving advertising on these common platforms:

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

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

BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads]

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.

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 “Behavioural 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.

If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. You can contact your local data protection authority, or our supervisory authority here: https://www.usa.gov/privacy.

Non-Authorized Retailers.

Fresh Brandz LLC cannot guarantee the quality or authenticity of products sold by non-authorized retailers. Purchasing Fresh Kidz products from unauthorized resellers forfeits our warranty. This includes non-authorized retailers on Amazon®, Walmart.com®, Target.com®, eBay® and Google® Shopping.

Fresh Kidz warrants to the original consumer purchaser from an authorized Fresh Kidz reseller or MyFreshKidz.com or any Fresh Kidz website, that the Fresh Kidz personal care product you purchased conforms to the specifications pre-printed on the package; is not adulterated or misbranded as defined in the Federal Food, Drug and Cosmetic Act (the “Act”) and is new, merchantable and free from defects in material and workmanship. We also offer a limited satisfaction guarantee.

Fresh Kidz is a premier personal care brand, and as such, any Fresh Kidz guarantee and warranty coverage is only applicable with valid proof of purchase from Fresh Kidz. Consumers who purchase Fresh Kidz products from any other seller on a third-party marketplace may receive Fresh Kidz product that is: (i.) void of the Fresh Kidz warranty/money-back-guarantee, (ii) void of authorized available promotions and other post-purchase consumer benefits, unique information, education and service, and (iii) void of Fresh Kidz standardized quality controls enforced for proper product efficacy and quality controls that eliminate the possibility of the consumer receiving commingled product, expired product, potentially counterfeit and returned product from unauthorized resellers.

Time in Which You Must Make Claim; How Long Warranty Lasts
A claim based on defect in material or workmanship, failure to meet specifications on the package, or adulteration or misbranding, must be made within 31 days after: (1) the date of your in-store purchase; or (2) from the date of delivery from an online purchase. If the reason for your return is that you are not fully satisfied with the product, you can return it to us within 7 days of delivery, but only if the returned product is more than half full. Warranty claims for products purchased from Amazon®, Walmart.com®, Target.com®, eBay® and Google® Shopping may also be subject to those online retailer’s warranty terms as posted on those sites.

Who May Make a Warranty Claim
Only the original consumer purchaser of the Fresh Kidz product in the United States, purchased from an authorized Fresh Kidz reseller or MyFreshKidz.com or any Fresh Kidz website, can make a claim. The Warranty is not transferable. The Amazon authorized reseller on Amazon.com, eBay.com, Walmart.com and Target.com is ‘Fresh Kidz.’

What is Not Covered
Fresh Kidz does not warrant: (i) any product purchased from other than an authorized Fresh Kidz reseller, MyFreshKidz.com, any Fresh Kidz website, or Fresh Kidz’ storefronts on third-party marketplaces (Amazon, ebay, Walmart, Target, etc.); or (ii) anything beyond there being no variance between product and specifications pre-printed on package, no defect in material and workmanship; and no misbranding or adulteration within the meaning of the Act.

Fresh Kidz is a well-known personal care brand. Fresh Kidz’ limited warranty coverage is only applicable with valid proof of purchase and proof of delivery from an Authorized Fresh Kidz reseller. Currently, Fresh Kidz is the only Authorized Fresh Kidz reseller on Amazon.com, eBay.com, Walmart.com and Target.com. Fresh Kidz’ limited warranty will not apply to products purchased on Amazon.com, eBay.com, Walmart.com and Target.com without valid proof of purchase and verification of proof of delivery directly from Fresh Kidz.

How to Make a Warranty Claim
To make a warranty claim, contact our customer support team at info@MyFreshBrandz.com.. Our team will ask you for proof you are the original purchaser and delivery verification (if applicable) from an authorized source described above. Examples of proof include original purchase receipt or original email purchase confirmation and delivery verification (if applicable). You will be required to return the product to us at your cost. We recommend using a service that tracks delivery. You must not return any product before obtaining a written return authorization from us.

What Fresh Kidz Will Do
For a defective product claim, Fresh Kidz will, at our option, replace the product, or issue you a refund or credit for the amount you paid. A refund or credit will not include shipping costs. For a return under the limited satisfaction guaranty, we will provide you either a refund, credit or replacement. A refund or credit will not include shipping costs. Fresh Kidz will provide the remedy within 2 weeks after receiving the product and confirming your claim meets all requirements of this Warranty.

Limitation of Remedy
The remedy under this Warranty is limited to replacement or refund of amount you paid for the product or credit for that amount. The remedy does not include shipping costs.
Limitation of Damages
FRESH KIDZ WILL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE SALE, DELIVERY, USE OR FAILURE OF A PRODUCT OR BREACH OF THE WARRANTY. Some States do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.

Disclaimer of Other Warranties
FRESH KIDZ DISCLAIMS ANY EXPRESSED WARRANTY OTHER THAN AS STATED HEREIN. ANY IMPLIED WARRANTY IS LIMITED TO THE DURATION STATED ABOVE. Some states do not allow limitations on how long an implied warranty lasts so the above limitation may not apply to you.

How State Law Applies
This Warranty gives you specific legal rights and you may also have other rights which vary from state to state.