Privacy Policy

engagedIN (also “us” or “we”), the owner and operator of www.freshtri.com (the “Website”) and the application, Fresh Tri (the “App”) are committed to protecting and respecting your privacy in connection with your use of the Website and the App and other interactive features, downloads products, services and features thereof (collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of engagedIN). This privacy policy (“Privacy Policy”) and any other documents referred to herein set forth the basis on which any personal information we collect from you, or that you provide to us, in connection with the Products will be processed by us.  Such personal information includes information that may personally identify an individual, including, but not limited to, a first and last name, a personal profile, an email address or other contact information. Please read the following carefully to understand our practices regarding your personal information and how we will collect, use and disclose your personal information.

By using the Products in any way, you thereby acknowledge and accept this Privacy Policy.

1. INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following information about you:

• Personal information including, for example, your name, e-mail address, telephone, information about your usage of the Products and information collected when you register for a Product or in response to requests for information, questions or surveys that we ask you to respond to that may identify you as an individual or allow online or offline contact with you as an individual.
• For individuals using the Products in connection with an Organization account as described in section 7, professional contact information such as your Organization name, and Organization email address.
• If you have the option to register or log into a Product using your Facebook, Google or other account provided by a third-party site or application, and you do so, the third party site or application may send profile information, such as name, email address, and third party ID.
• Device information such as operating system version, device type, and system performance information.
• Information that you provide when interacting with engagedIN or Fresh Tri through social media platforms.
• Information collected via tracking technologies, as fully described in section 5.
• If you choose to invite a friend or colleague to use the Products using our referral system, we may ask you for their name, phone number and email address. We will use this information to invite him or her to join the Products. We store this information for the sole purpose of sending invitations and tracking the success of our referral program. If your friend or colleague would like us to delete his or her information, they can do so by opting-out as described in each invitation or by contacting us at support@engagedin.com.
• Details of your visits to and interactions with the Products including, but not limited to, traffic data, location data, weblogs, other communication data, and the resources that you access.
• Demographic information, such as information about your gender, age, country, and zip, and usage information, that may be automatically (or passively) stored or collected from your computer, browser, tablet, mobile phone or other device, when you visit or interact with the Products.  We may use such demographic information and usage information, in aggregated form such that it cannot be used to identify you, or other such anonymous information, for engagedIN’s research, analysis, product development and publicity or we may share it with third parties (with or without compensation).  However, to the extent that we connect or associate such anonymous information with your personal information, it shall be covered by the other terms of this Privacy Policy.

2. CONFIDENTIALITY, SECURITY AND DISCLOSURE OF YOUR INFORMATION

The security of your personal information is important to us.  We endeavor to allow you to maintain as much control over your personal information as we can while still providing a valuable service to you and the other users of the Products.

We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received. We operate in accordance with applicable data protection legislation and regulations. If you have any questions about the security of your personal information, you can contact us at support@engagedin.com. Except as described under the “Disclosure of Your Information” section below, we do not provide your personal information to any third party without your specific consent.

We may disclose your personal information to any member of our group, which means us and our affiliates.

We may also disclose your personal information to third parties as follows:

• In some circumstances, based on your specific requests, we may need to disclose your personal information to a third party so that they can provide a service you have requested from such party, or fulfill a request for information from such party. Examples of this are an SMS or push notification service. These third parties use and retention of your personal information that you authorize them to receive will not be subject to this Privacy Policy but rather the policies of the third party.  While it is the responsibility of any third party that you authorize to receive data to protect that information in accordance with applicable laws, and use it only to provide the services or information you have requested, we strongly recommend that you review the applicable third-party privacy policies before using such third-party services within the Products.
• In some circumstances, we may disclose the personal information that you have provided to engagedIN to a third party that offers and/or provides goods or services complementary to our own for the purpose of enhancing our users’ experiences by offering you integrated or complementary functionality, or bundled pricing options.
• If engagedIN’s service providers (like hosting, market analytics, and payment service providers) require this information to provide services to engagedIN. engagedIN requires each of its service providers to agree to maintain the confidentiality of your personal information disclosed.
• In the event that we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets.
• If engagedIN or substantially all of our assets are acquired by a third party, in which case personal information held by us about our customers will be one of the transferred assets.
• If we are under a duty to disclose or share your personal information in order to comply with any legal obligation such as to comply with a subpoena, bankruptcy proceedings, similar legal process, or in order to enforce or apply our agreements with you; or to protect the rights, property, or safety of engagedIN, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
• With your Organization, if your access is through an Organization Relationship, as described under Corporate and Other Organization Sharing below.
• With third parties, such as Facebook, in order to serve engagedIN advertisements on such third party platforms.

3. USES MADE OF THE INFORMATION

We use information held about you in the following ways:

• To ensure that content provided by the Products is presented in the most effective manner for you and for your computer or other device.
• To provide you with information, products, services or features related to the Products that you request from us or which we feel may interest you, unless you have requested that we not provide this information.
• To provide you with customer service communications marketing materials or relevant advertising, promotions and recommendations from engagedIN or our business partners.
• To carry out our obligations arising from any agreements entered into between you and us.
• To allow you to participate in interactive features of the Products, when you choose to do so.
• To process your account registration, including verifying that your information is active and valid, and to allow you to access your Product account(s).
• To notify you about changes to the Products or our policies.
• To improve performance and otherwise optimize our Products.
• For internal business purposes.
• To inform your Organization about your registration and use of the Products as described under Corporate and Other Organization Sharing in section 7 above.
• To serve our advertisements to you through third party platforms, such as Facebook or Google, on other sites and apps or across your devices.
• To provide you with the SMS Service and other in-Product services.
• In order to bill for use of the Products, as applicable
• We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
• We do not disclose information about identifiable individuals to companies that host advertisements on our behalf, but we may provide them with aggregate information about our users (for example, how many women under a certain age have clicked on their advertisement on any given day).
• for any other purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

4. NEWSLETTERS OR OTHER ELECTRONIC COMMUNICATIONS

If you sign up to receive email newsletters or promotional materials from us we will use the information you give us to provide the communications you have requested.

If you inform us that you wish to cancel email newsletters or promotional materials by selecting unsubscribe at the bottom of such communication or by emailing us at support@engagedin.com, we will remove you from our mailing list. If you no longer wish to receive push notifications, you may turn them off at the device level.

If you provide your phone number through the website in order to receive an SMS message with a link to our Apps, you will receive such SMS message (the “SMS Service”). Standard text message rates will apply.

5. TRACKING TECHNOLOGIES

engagedIN and our analytics partners use technologies such as cookies, beacons, tags, and scripts (and other similar technologies that may be later developed) to enable a service to recognize your device so you don’t have to provide the same information several times during one task, recognize that you may have already given a username and password so you don’t need to do it for every web page requested, to measure how people are using the Products, to prevent fraudulent activity and to measure performance and improve our Products.

We use local storage, such as HTML5, to store content information and preferences. Third parties with whom we partner to provide certain features on the Products also use HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5.

We partner with third parties, such as Facebook and Google, to manage our advertising of the Products on other sites or platforms as well as across your other devices based on your past visits to our Products. Our third party partners may use technologies such as cookies to gather information about your activities within the Products to deliver such advertising to you, such as retargeting ads. We currently do not respond to do-not-track signals. For more information about interest-based ads, including how to opt-out of having your web-browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices. Please note that this does not opt you out of being served ads. You may continue to receive generic ads on these third party platforms. You may also opt out of receiving ads across devices by adjusting your ad preference in your Google account.

We use third party trackers to let us know when users have visited the Products by “clicking-through” our sponsored advertising or content hosted on third party platforms.

The Products use Google Analytics code to gather statistical information. Google Analytics sets cookies to help us accurately estimate the number of visitors to the Products and the volumes of usage of the Products. This is done to ensure that the Products are available when you want them and are fast. For more information on how Google Analytics processes this information, visit www.google.com/analytics.

We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information such as how often you use the Products, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We may link the information we store within the analytics software to any personal information you submit within the mobile application.  When so linked, the information will be covered by the terms of this Privacy Policy.

As true of most websites and mobile apps, we gather certain information automatically and store it in log files. This information may include Internet Protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.

If you receive the HTML-formatted version of our email newsletter, your opening of the newsletter is notified to us and saved. Your clicks on links in the newsletter are also saved. These and the open statistics are used in aggregate form to give us an indication of the popularity of the content and to help us make decisions about future content and formatting.

You can control and/or delete cookies as you wish – for details, see aboutcookies.org. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work.

6. WHERE WE STORE YOUR PERSONAL INFORMATION

All information you provide to us through the Products is stored on our secure servers located in the US. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Products, you are responsible for keeping this password confidential. We ask you not to share a password with anyone, and suggest that your change your password frequently.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted to the Products; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

7. CORPORATE AND OTHER ORGANIZATION SHARING

Large consumer organizations (corporations, universities, hospitals, governmental agencies, etc.) (“Organizations”) may choose to introduce the Products to their employees and members. If you have accessed the Products through a code or other credential furnished by an Organization (an “Organization Relationship”), the Organization will have access to your name and the date you registered to use the Products and will have access to your usage information on an aggregated basis with all other members of the Organization that are using the Products. While we do not otherwise share your personal information with your Organization, when you register to use the Products you will have the opportunity to opt-in to agree to share additional personal information as well as usage information with your Organizaiton, and in this case, your Organization will have access to this information. For example, many employers are offering incentive programs based on employee participation in health & wellness programs and desire to better understand how each of their employees is using the Products.

8. SINGLE SIGN-ON

You can log into our Products using sign-in services such as Facebook Connect, an Open ID provider or through a single sign-on platform offered by your Organization. These services will authenticate your identity, provide you the option to share certain personal information (such as your name and email address) with us, and to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on our Products or to your profile page to share with others within your network.

9. ACCESS TO AND DELETION OF PERSONAL INFORMATION

You may access your personal information at any time via an online account, or by emailing support@engagedin.com.  Please mark any such email as re: “my personal information” and as being time sensitive.

To request the deletion of your personal data that we have on file please email us at support@engagedin.com.

We will respond to your request in a reasonable timeframe.

10. LINKS TO THIRD PARTY SITES

The Products may, from time to time, contain links to and from the products of our partner networks, affiliates and third party service providers. If you follow a link to any of these external websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these websites or their policies. Please check these policies before you submit any personal information to these external websites.

11. INFORMATION COLLECTED ON YOUR DEVICE

It’s important to note that your own device may store certain personal information and other information provided by you when you use the Products, even where we do not collect such information. You are solely responsible for maintaining the security of your device from unauthorized access.  Please be careful.

12. SOCIAL MEDIA WIDGETS

Our Products may include social media features, such as features similar to the Facebook “Like” button, and widgets, such as the “Share This” button, or interactive mini-programs. These features may collect your Internet protocol address, which page you are visiting on or Products, and may set a cookie to enable the feature to function properly. Social media features and widgets are hosted by a third party or hosted directly on our Products. Your interactions with these features are governed by the privacy statement of the company providing it.

13. HEALTHKIT

Apple iOS users may opt-in to allow the Products to provide data regarding your nutrition behaviors to the Apple iOS “Health” application for display. This data will not be shared with third parties or used for marketing purposes.

14. USE OF FRESH TRI BY MINORS

You must be 18 years of age, or the age of majority in your state, province, territory or country, to sign up as a registered user of the Products. Individuals under the age of 18, or the applicable age of majority, may utilize the Products only with the involvement and consent of a parent or legal guardian, under such person’s account and otherwise subject to our Terms of Use.

15. INFORMATION POSTED ON FORUMS

Fresh Tri users may have the ability to post content to one or more Fresh Tri forums. All such users may request and obtain removal of such posted content by contacting engagedIN at support@engagedin.com and specifically identifying the content to be removed. Please be advised that any such removal does not ensure complete or comprehensive removal of all traces of the content posted on the Fresh Tri forum(s).

16. INTERNATIONAL USERS

The Products are operated in the United States. If you are located outside of the United States, please be aware that information that we collect through the Products, including personal information, will be transferred to, processed, stored and used in the United States. The data protection laws in the United States may differ from those of your country of residence. Your personal information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. These laws may not provide the degree of protection for personal information that is available in other countries. By using the Products or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information, including personal information, in the United States as set forth in this Privacy Policy. If you do not consent to such transfer, you may not use the Product.  If you choose to access and use the Products from outside the U.S., you acknowledge that you are doing so on your own initiative, at your own risk, and are responsible for compliance with applicable local laws and regulations.

17. OPTING OUT

You may choose not to receive future promotional, advertising, or other Product-related notifications from us by changing the notification settings on your device. If you choose not to receive notifications, you may still use the Products, but you may not receive, or may be unable to use, certain features that involve our interaction with you.

18. CHANGES TO OUR PRIVACY POLICY

We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will notify you by in-Product message, email (sent to the e-mail address specified in your account) or by means of a notice in the Products prior to the change becoming effective.  Following such notice, your continued use of any of the Products will constitute your acceptance of the update. We encourage you to periodically review this page for the latest information on our privacy practices.

19. CONTACT

Questions, comments and requests regarding this privacy policy or with respect to our storage of your personal information are welcomed and should be addressed to support@engagedin.com.  Please include sufficient details of your question, comment or request.

This Privacy Policy is effective and was last updated on September 16, 2019.

engagedIN’s physical address is 13001 E. Zayante Rd., Felton, CA 95018.