Freshly Commerce Privacy Policy
Last updated March 15, 2024
Thank you for choosing to be part of our community at Freshly Commerce Inc., doing business as
Freshly Commerce, Freshly Inventory, Simple Bundles, Simple Discounts ("Freshly Commerce,
Freshly Inventory, Simple Bundles, Simple Discounts", "we", "us", "our"). We are committed toprotecting your personal information. If you have any questions or concerns about this privacy notice,or our practices with regards to your personal information, please contact us at privacy@getfreshly.io.
"Personal Information" means any information provided to or collected by us about an identifiable
individual, or an individual whose identity may be inferred or determined from the information, either
alone or in combination with other information.
When you visit our website https://www.freshlycommerce.com/ (the "Website"), and more generally,
use any of our services via our apps (the "Services", which include the Website), we appreciate thatyou are trusting us with your personal information. We take your privacy very seriously. In this privacy
notice, we seek to explain to you in the clearest way possible what information we collect, how we
use it, when we share it with others, and what rights you have in relation to it. If there are any terms
in this privacy notice that you do not agree with, please discontinue use of our Services immediately.
This privacy notice applies to all information collected through our Services (which, as describedabove, includes our Website), as well as, any related services, sales, marketing or events.
Please read this privacy notice carefully as it will help you understand what we do with theinformation that we collect.
Table of Contents
1. WHAT INFORMATION DO WE COLLECT?
2. HOW DO WE USE YOUR INFORMATION?
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
4. HOW LONG DO WE KEEP YOUR INFORMATION?
5. HOW DO WE KEEP YOUR INFORMATION SAFE?
6. DO WE COLLECT INFORMATION FROM MINORS?
7. WHAT ARE YOUR PRIVACY RIGHTS?
8. CONTROLS FOR DO-NOT-TRACK FEATURES
9. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
10. DO WE MAKE UPDATES TO THIS NOTICE?
11. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
12. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when you register on the Website,
express an interest in obtaining information about us or our products and Services, when you
participate in activities on the Website or otherwise when you contact us.
The personal information that we collect depends on the context of your interactions with us and theWebsite, the choices you make and the products and features you use. The personal information wecollect may include the following:
Personal information provided by you. We collect names; phone numbers; email addresses; mailingaddresses; job titles; contact or authentication data; billing addresses; and other similar information.
All personal information that you provide to us must be true, complete and accurate, and it is yourresponsibility to notify us of any changes to such personal information.
Information automatically collected
In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device
characteristics — is collected automatically when you visit our Website.
We automatically collect certain information when you visit, use or navigate the Website. This
information does not reveal your specific identity (like your name or contact information) but may
include device and usage information, such as your IP address, browser and device characteristics,
operating system, language preferences, referring URLs, device name, country, location, information
about how and when you use our Website and other technical information. This information is
primarily needed to maintain the security and operation of our Website, and for our internal analytics
and reporting purposes.
We use Google Analytics to enhance how you interact with our website. Google Analytics provides
web analytics services to track, monitor and report website traffic through collection ofpseudonymous (i.e. de-identified) data about each visitor to our site.
Data collected by Google Analytics is stored by Google and shared with us in the form of aggregatedreports that allow us to better understand how users interact with our website. Google Analytics may
also share data with other Google services.
Google Analytics may use collected data to contextualize and personalize advertising. We also use
Google Analytics remarketing functionalities and Google Ads, which use cookies stored on yourdevice to display our ads when you visit other sites. You can opt-out of this kind of ad personalization
by adjusting your preferences at https://adssettings.google.com/anonymous?hl=en.
You can opt-out of having your information tracked in Google Analytics by installing an opt-Out
Browser Add-on. This add-on will prevent Google Analytics script from sending your user data toGoogle Analytics. For more information, visit https://tools.google.com/dlpage/gaoptout.
You can learn more about Google privacy practices by visiting
https://policies.google.com/technologies/partner-sites.
Like many businesses, we also collect information through cookies and similar technologies.
Cookies are text files containing small amounts of information, which are downloaded to yourcomputer or mobile device by websites that you visit. They can improve your experience of using a
website, for example, by remembering your preference settings and tracking your use of a website sothat it can be improved to meet your needs.
The information we collect includes:
Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance
information our servers automatically collect when you access or use our Website and which werecord in log files. Depending on how you interact with us, this log data may include your IP address,
device information, browser type and settings and information about your activity in the Website(such as the date/time stamps associated with your usage, pages and files viewed, searches andother actions you take such as which features you use), device event information (such as system
activity, error reports (sometimes called 'crash dumps') and hardware settings).
Device Data. We collect device data such as information about your computer, phone, tablet or otherdevice you use to access the Website. Depending on the device used, this device data may include
information such as your IP address (or proxy server), device and application identification numbers,
location, browser type, hardware model, internet service provider and/or mobile carrier, operating
system and system configuration information.
Location Data. Where permitted by applicable law, we collect location data such as information about
your device's location, which can be either precise or imprecise. How much information we collectdepends on the type and settings of the device you use to access the Website. For example, we may
use GPS and other technologies to collect geolocation data that tells us your current location (basedon your IP address). You can opt out of allowing us to collect this information either by refusing
access to the information or by disabling your Location setting on your device. Note however, if you
choose to opt out, you may not be able to use certain aspects of the Services.
2. HOW DO WE USE YOUR INFORMATION?
In Short: Unless otherwise required by applicable law, we process your information for purposes
based on legitimate business interests, the fulfillment of our contract with you, compliance with ourlegal obligations, and/or your consent.
We use personal information collected via our Website for a variety of business purposes described
below. Unless otherwise required by applicable law, we process your personal information for these
purposes in reliance on our legitimate business interests, in order to enter into or perform a contract
with you, with your consent, and/or for compliance with our legal obligations. We indicate the specificprocessing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
To facilitate account creation and logon process. If you choose to link your account with us to athird-party account (such as your Google or Facebook account), we use the information you allowed
us to collect from those third parties to facilitate account creation and logon process for the
performance of the contract, or otherwise with your consent.
To post testimonials. We post testimonials on our Website that may contain personal information.
Prior to posting a testimonial, we will obtain your consent to use your name and the content of thetestimonial. If you wish to update, or delete your testimonial, please contact us at
privacy@getfreshly.io and be sure to include your name, testimonial location, and contact information.
Request feedback. We may use your information to request feedback and to contact you about youruse of our Website.
To enable user-to-user communications. We may use your information in order to enable user-to-usercommunications with each user's consent.
To manage user accounts. We may use your information for the purposes of managing our accountand keeping it in working order.
To send administrative information to you. We may use your personal information to send you
product, service and new feature information and/or information about changes to our terms,
conditions, and policies.
To protect our Services. We may use your information as part of our efforts to keep our Website safe
and secure (for example, for fraud monitoring and prevention).
To enforce our terms, conditions and policies, to comply with legal and regulatory requirements or inconnection with our contract.
To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we
may need to inspect the data we hold to determine how to respond.
Fulfill and manage customer orders that are placed with merchants who use the Services. We may
use information to fulfill and manage customer orders, returns, and exchanges made through theWebsite.
Administer prize draws and competitions. We may use your information to administer prize draws andcompetitions when you elect to participate in our competitions.
To deliver and facilitate delivery of services to the user. We may use your information to provide youwith the requested service.
To respond to user inquiries/offer support to users. We may use your information to respond to yourinquiries and solve any potential issues you might have with the use of our Services.

To send you marketing and promotional communications. We and/or our third-party marketing
partners may use the personal information you send to us for our marketing purposes, if this is inaccordance with your marketing preferences. For example, when expressing an interest in obtaining
information about us or our Website, subscribing to marketing or otherwise contacting us, we willcollect personal information from you. You can opt-out of our marketing emails at any time (see the"WHAT ARE YOUR PRIVACY RIGHTS" below).
Deliver targeted advertising to you. We may use your information to develop and display personalized
content and advertising (and work with third parties who do so) tailored to your interests and/or
location and to measure its effectiveness.
For other business purposes. We may use your information for other business purposes, such asdata analysis, identifying usage trends, determining the effectiveness of our promotional campaigns
and to evaluate and improve our Website, products, marketing and your experience. We may use andstore this information in aggregated and anonymized form so that it is not associated with individual
end users and does not include personal information. We will not use identifiable personal
information without your consent.
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In Short: We only share information with your consent, to comply with laws, to provide you withservices, to protect your rights, or to fulfill business obligations.
As permitted by applicable law, we may process or share your data that we hold based on thefollowing legal basis:
Consent: We may process your data if you have given us consent to use your personal information
for a specific purpose. Consent may be expressed or implied, depending on the circumstances.
Legitimate Interests: We may process your data when it is reasonably necessary to achieve ourlegitimate business interests.
Performance of a Contract: Where we have entered into a contract with you, we may process yourpersonal information to fulfill the terms of our contract.
Legal Obligations: We may disclose your information where we are legally required to do so in order
to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal
process, such as in response to a court order or a subpoena (including in response to publicauthorities to meet national security or law enforcement requirements).
Vital Interests: We may disclose your information where we believe it is necessary to investigate,
prevent, or take action regarding potential violations of our policies, suspected fraud, situations
involving potential threats to the safety of any person and illegal activities, or as evidence in litigationin which we are involved.
More specifically, we may need to process your data or share your personal information in thefollowing situations:
Business Transfers. We may share or transfer your information in connection with, or duringnegotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of ourbusiness to another company.
Some of your personal information may be transferred and stored outside of your region. While suchinformation is outside of your region, it is subject to the laws of the jurisdiction in which it is held, andmay be subject to disclosure to the governments, courts or law enforcement or regulatory agenciesof such other jurisdiction pursuant to local laws.
4. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfill the purposes outlined in thisprivacy notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out inthis privacy notice, unless a longer retention period is required or permitted by law (such as tax,
accounting or other legal requirements). No purpose in this notice will require us to keep yourpersonal information for longer than three (3) months past the termination of the user's account.
When we have no ongoing legitimate business need to process your personal information, we will
either delete or anonymize such information, or, if this is not possible (for example, because yourpersonal information has been stored in backup archives), then we will securely store your personal
information and isolate it from any further processing until deletion is possible.
5. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organizational andtechnical security measures.
We have implemented reasonable administrative, technical, and physical security measures designed
to help protect the security of any personal information we process. However, despite our safeguards
and efforts to secure your information, no electronic transmission over the Internet or information
storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee thathackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, andimproperly collect, access, steal, or modify your information. Although we will do our best to protect
your personal information, transmission of personal information to and from our Website is at yourown risk. You should only access the Website within a secure environment.
6. DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly solicit data from or market to children under 18 years of age. By using theWebsite, you represent that you are at least 18 or that you are the parent or guardian of such a minorand consent to such minor dependent’s use of the Website. If we learn that personal information fromusers less than 18 years of age has been collected, we will deactivate the account and takereasonable measures to promptly delete such data from our records. If you become aware of any
data we may have collected from children under age 18, please contact us at privacy@getfreshly.io.
7. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: In some regions, you have rights that allow you greater access to and control over yourpersonal information. You may review, change, or terminate your account at any time.
In some regions, you have certain rights under applicable data protection laws. These may include
the right (i) to request access and obtain a copy of your personal information, (ii) to request
rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if
applicable, to data portability. In certain circumstances, you may also have the right to object to theprocessing of your personal information. To make such a request, please use the contact details
provided below. We will consider and act upon any request in accordance with applicable dataprotection laws.
If we are relying on your consent to process your personal information, you have the right to withdraw
your consent at any time. Please note however that this will not affect the lawfulness of theprocessing before its withdrawal, nor will it affect the processing of your personal information
conducted in reliance on lawful processing grounds other than consent.
You may also have a right to lodge a complaint with a competent data protection authority, inparticular in the region where you normally reside, where we are based or where an alleged
infringement of data protection law has taken place.
If you are a resident in the European Economic Area and you believe we are unlawfully processing
your personal information, you also have the right to complain to your local data protection
supervisory authority. You can find their contact details
here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you are a resident in Switzerland, the contact details for the data protection authorities are available
here: https://www.edoeb.admin.ch/edoeb/en/home.html.
If you have questions or comments about your privacy rights, you may email us at
privacy@getfreshly.io.
Account Information
If you would at any time like to review or change the information in your account or terminate youraccount, you can:Contact us using the contact information provided.
Upon your request to terminate your account, we will deactivate or delete your account andinformation from our active databases. However, we may retain some information in our files toprevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or
comply with applicable legal requirements.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default, unlessotherwise required by applicable law. If you prefer, you can usually choose to set your browser toremove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could
affect certain features or services of our Website. To opt-out of interest-based advertising byadvertisers on our Website visit http://www.aboutads.info/choices/.
Opting out of email marketing: You can unsubscribe from our marketing email list at any time byclicking on the unsubscribe link in the emails that we send or by contacting us using the details
provided below. You will then be removed from the marketing email list — however, we may stillcommunicate with you, for example to send you service-related emails that are necessary for theadministration and use of your account, to respond to service requests, or for other non-marketing
purposes. To otherwise opt-out, you may:
Access your account settings and update your preferences.
Contact us using the contact information provided.
8. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a
Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to havedata about your online browsing activities monitored and collected. At this stage, no uniform
technology standard for recognizing and implementing DNT signals has been finalized. As such, we
do not currently respond to DNT browser signals or any other mechanism that automaticallycommunicates your choice not to be tracked online. If a standard for online tracking is adopted that
we must follow in the future, we will inform you about that practice in a revised version of this privacy
notice.
9. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access toyour personal information.
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users
who are California residents to request and obtain from us, once a year and free of charge,
information about categories of personal information (if any) we disclosed to third parties for direct
marketing purposes and the names and addresses of all third parties with which we shared personal
information in the immediately preceding calendar year. If you are a California resident and would liketo make such a request, please submit your request in writing to us using the contact information
provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Website,you have the right to request removal of unwanted data that you publicly post on the Website. To
request removal of such data, please contact us using the contact information provided below, andinclude the email address associated with your account and a statement that you reside in California.
We will make sure the data is not publicly displayed on the Website, but please be aware that thedata may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).
CCPA Privacy Notice
The California Code of Regulations defines a "resident" as:(1) every individual who is in the State of California for other than a temporary or transitory purpose
and(2) every individual who is domiciled in the State of California who is outside the State of California fora temporary or transitory purpose
All other individuals are defined as "non-residents."
If this definition of "resident" applies to you, we must adhere to certain rights and obligations
regarding your personal information.
What categories of personal information do we collect?
We have collected the following categories of personal information in the past twelve (12) months:
Category

ExamplesCollected

A. IdentifiersContact details, such as real name, alias, postal address,
telephone or mobile contact number, unique personal
identifier, online identifier, Internet Protocol address, email
address and account name

YES

B. Personal information
categories listed in the
California Customer Records
statuteName, contact information, education, employment,
employment history and financial information

YES

C. Protected classification
characteristics under
California or federal law

Gender and date of birthNO

D. Commercial information

Transaction information, purchase history, financial details
and payment informationNOE. Biometric information

Fingerprints and voiceprints

NO

F. Internet or other similar
network activity

Browsing history, search history, online behavior, interest
data, and interactions with our and other websites,
applications, systems and advertisements

NO

G. Geolocation data

Device location

YES

H. Audio, electronic, visual,thermal, olfactory, or similar
information

Images and audio, video or call recordings created inconnection with our business activities

NO

I. Professional or
employment-related
information

Business contact details in order to provide you ourservices at a business level, job title as well as work history NO
and professional qualifications if you apply for a job with us

J. Education Information

Student records and directory information

NO

K. Inferences drawn fromother personal information

Inferences drawn from any of the collected personal
information listed above to create a profile or summary
about, for example, an individual’s preferences andcharacteristics

NO

We may also collect other personal information outside of these categories instances where you
interact with us in-person, online, or by phone or mail in the context of:Receiving help through our customer support channels;
Participation in customer surveys or contests; andFacilitation in the delivery of our Services and to respond to your inquiries.
How do we use and share your personal information?
More information about our data collection and sharing practices can be found in this privacy notice.
You may contact us by email at privacy@getfreshly.io, or by referring to the contact details at thebottom of this document.
If you are using an authorized agent to exercise your right to opt-out we may deny a request if theauthorized agent does not submit proof that they have been validly authorized to act on your behalf.
Will your information be shared with anyone else?

We may disclose your personal information with our service providers pursuant to a written contract
between us and each service provider. Each service provider is a for-profit entity that processes theinformation on our behalf.
We may use your personal information for our own business purposes, such as for undertaking
internal research for technological development and demonstration. This is not considered to be"selling" of your personal data.
Freshly Commerce Inc. has not disclosed or sold any personal information to third parties for abusiness or commercial purpose in the preceding 12 months. Freshly Commerce Inc. will not sell
personal information in the future belonging to website visitors, users and other consumers.
Your rights with respect to your personal data
Right to request deletion of the data - Request to delete
You can ask for the deletion of your personal information. If you ask us to delete your personal
information, we will respect your request and delete your personal information, subject to certain
exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or
her right to free speech, our compliance requirements resulting from a legal obligation or any
processing that may be required to protect against illegal activities.
Right to be informed - Request to know
Depending on the circumstances, you have a right to know:whether we collect and use your personal information;
the categories of personal information that we collect;
the purposes for which the collected personal information is used;
whether we sell your personal information to third parties;
the categories of personal information that we sold or disclosed for a business purpose;the categories of third parties to whom the personal information was sold or disclosed for a businesspurpose; andthe business or commercial purpose for collecting or selling personal information.
In accordance with applicable law, we are not obligated to provide or delete consumer informationthat is de-identified in response to a consumer request or to re-identify individual data to verify aconsumer request.
Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
We will not discriminate against you if you exercise your privacy rights.

Verification process
Upon receiving your request, we will need to verify your identity to determine you are the same
person about whom we have the information in our system. These verification efforts require us to
ask you to provide information so that we can match it with information you have previously provided
us. For instance, depending on the type of request you submit, we may ask you to provide certain
information so that we can match the information you provide with the information we already haveon file, or we may contact you through a communication method (e.g. phone or email) that you havepreviously provided to us. We may also use other verification methods as the circumstances dictate.
We will only use personal information provided in your request to verify your identity or authority tomake the request. To the extent possible, we will avoid requesting additional information from you forthe purposes of verification. If, however, we cannot verify your identity from the information alreadymaintained by us, we may request that you provide additional information for the purposes ofverifying your identity, and for security or fraud-prevention purposes. We will delete such additionallyprovided information as soon as we finish verifying you.
Other privacy rights
You may object to the processing of your personal data.
You may request correction of your personal data if it is incorrect or no longer relevant, or ask to
restrict the processing of the data.
You can designate an authorized agent to make a request under the CCPA on your behalf. We may
deny a request from an authorized agent that does not submit proof that they have been validly
authorized to act on your behalf in accordance with the CCPA.
You may request to opt-out from future selling of your personal information to third parties. Upon
receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later
than 15 days from the date of the request submission.
To exercise these rights, you can contact us by email at privacy@getfreshly.io, or by referring to thecontact details at the bottom of this document. If you have a complaint about how we handle yourdata, we would like to hear from you.
10. DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an
updated "Revised" date and the updated version will be effective as soon as it is accessible. If wemake material changes to this privacy notice, we may notify you either by prominently posting a
notice of such changes or by directly sending you a notification. We encourage you to review thisprivacy notice frequently to be informed of how we are protecting your information.

11. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may contact our Data Protection Officer(DPO), Basil Khan, by email at privacy@getfreshly.io or by post to:Freshly Commerce Inc.
151 Charles St. W. Suite 100
Kitchener, Ontario N2G 1H6CanadaPhone: (+1) 226-666-4554
hello@getfreshly.io
12. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the applicable laws of your region, you may have the right to request access to thepersonal information we collect from you, change that information, or delete it in somecircumstances. To request to review, update, or delete your personal information, please visit:
privacy@getfreshly.io. We will respond to your request within 30 days.
To guard against fraudulent access or correction requests, we may require sufficient information toallow us to confirm that the person making the request is authorized to do so before granting accessor making corrections. We will provide information from our records in a form that is easy tounderstand. Where information will not or cannot be disclosed, the individual making the request will
be provided with the reasons for non-disclosure. We will not charge you for accessing or correcting
your information, however, to the extent permitted by applicable law, there may be a minimal charge
imposed if you need a copy of records.