Privacy Policy
Last Updated: November 26, 2024
Summary
The following Freshmint™ Privacy Policy (“Privacy Policy”) sets forth our policy with respect to the collection, storage and use of your personal information and other information that we collect from you when you: (a) access and/or use the Freshmint™ website located at www.freshmint.ai (the “Freshmint™ Site”); (b) access and/or use any Event-related web venues (“Event Sites,” and together with the Freshmint™ Site, the “Site”); and/or (c) download, attempt to download and/or use the Freshmint™ mobile application (the “App”). The Freshmint™ Offerings (as defined below) are owned and operated by Freshmint Inc. (“Freshmint™,” “we,” “our” or “us”).
Capitalized terms not defined herein shall have the meaning set forth in the Freshmint™ Mobile Application End-User License Agreement and Website Terms and Conditions (the “Terms”).
Background
This Privacy Policy covers our treatment of personal information and other information that we collect when you: (a) access and/or use the Freshmint™ Site; (b) access and/or use any Event Site; (c) download, attempt to download and/or use the App and associated Software (as defined below), as made available on the iPhone® and iPad®, as well as Android® and other mobile devices, where and to the extent available (collectively, “Mobile Devices”) by and through the Apple® App Store, the Google Play® store and other applicable venues, where and to the extent available (collectively, “Download Venues”); (d) access certain text, images, video, audio and other content and information relating to the Freshmint™ Offerings as made available by: (i) Freshmint™ (collectively, “Freshmint™ Content”); and/or (ii) Event Hosts (“Host Content,” and together with the Freshmint™ Content, the “Content”); (e) register for an Event as an Event Guest, and submit an RSVP and other communications in connection with same (“Guest Registration Services”); (f) purchase a subscription to the Freshmint™ Event-Planning SaaS platform (the “Freshmint™ Platform”) as a prospective Event Host which enables you, for a fee, to access various Event Host-related services including: (i) creating Event-related prospectuses to be shared with potential Event collaborators; (ii) creating Event-related guest lists (“Event Guest Lists”), and distributing Event invitations and other Event-related communications to the Event Guest Lists (collectively, “Event Communication Services”); and (iii) designing and creating Event Sites; (g) access certain message boards, comment sections, messaging functionality and other interactive features associated with the Event Sites (“Interactive Services”); (h) access links to the Freshmint™ social media pages/accounts appearing on third-party social media websites (collectively, “Social Media Pages”), such as Instagram®, LinkedIn® and X® (collectively, “Social Media Websites,” and together with the Site, App (and associated Software), Event Sites, Content, Guest Registration Services, Freshmint™ Platform, Event Communication Services and Interactive Services, the “Freshmint™ Offerings”); and/or (i) otherwise affirmatively consent to this Privacy Policy and/or the Terms.
Apple®, Apple App Store®, iPhone® and iPad® are registered trademarks of Apple, Inc. (“Apple”). Instagram® is a registered trademark of Meta Platforms, Inc. (“Meta”). Android® and Google Play® are registered trademarks of Google, Inc. (“Google). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). X® is a registered trademark of X Corp. (“X”). Please be advised that Freshmint™ is not in any way affiliated with Apple, Meta , Google, LinkedIn or X, and the Freshmint™ Offerings are not endorsed, administered or sponsored by any of the foregoing entities.
IF YOU DO NOT AGREE TO TERMS OF THIS PRIVACY POLICY, IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE FRESHMINT™ OFFERINGS.
Your California Privacy Rights
Other than sharing your Event Guest Registration Data with Event Hosts for the uses described below, as applicable, Freshmint™ will never share, sell, rent, exchange or barter your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) to or with any third-party for financial gain or marketing purposes. We may also share your personal information with third parties who perform administrative functions on our behalf.
If you are a resident of the State of California and would like to learn how your personal information is shared with third parties, what categories of personal information that we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please (a) email us at: support@freshmint.ai; or (b) send us U.S. Mail at: Freshmint Inc., 1410 Northern Blvd, #1601, Manhasset, NY 11030.
Legal Basis
We collect personal information that you provide to us: (a) to fulfill your request for customer service and/or to receive additional information; (b) to process your request in connection with the Freshmint™ Offerings; and/or (c) for the purpose of handling the contractual relationship that you have with Freshmint™. We only use and store your personal information if we have a legal basis for doing so, including where you have given us your express consent, where we have a legitimate business interest, or pursuant to the contractual relationship that exists between you and Freshmint™.
Personal Information Collected
In order to open an account (“Account”) and utilize certain of the Freshmint™ Offerings (including the App), each prospective Event Host and/or Event Guest (each, a “User”) will be required to complete the registration process applicable to their intended use of the Freshmint™ Offerings.
In order to register as an Event Host, you may be required to provide some or all of the following to Freshmint™: (a) full name of Entity contact(s); (b) Entity name; (c) Entity e-mail address(es); (c) Entity mailing address; (d) Entity telephone number; (e) Entity logo; (f) credit card information; and/or (g) any other information requested on the applicable form. In addition to the foregoing, Event Hosts may upload their respective Event Guest Lists to be used by the Event Hosts in connection with the Event Communication Services.
For purposes of this Privacy Policy, item (f) in the preceding paragraph, as well as the Event Guest Lists, will be considered “Sensitive Information.” Freshmint™ does not claim any proprietary interest in any Event Guest List(s) and shall not use same for any purpose other than facilitating the delivery of the Freshmint™ Offerings to its Users.
In order to register as an Event Guest, you may be required to provide some or all of the following to Freshmint™: (i) full name; (ii) e-mail address; (iii) mailing address; (iv) telephone number; (v) information regarding the Event Guest’s current employment; and/or (vi) any other information requested by Freshmint™ on its own, or on behalf of the applicable Event Host (collectively, “Event Guest Registration Data”).
Use of Personal Information
Please be advised that, upon submission of Event Guest Registration Data by and through the Site and/or the App, we will share all such Event Guest Registration Data with your applicable Event Host(s). Your Event Host(s) may use your Event Guest Registration Data to contact you in connection with the applicable Event, as well as other Event Host-provided products and/or services that such Event Host(s) think(s) may be of interest to you.
Other than the foregoing, Freshmint™ will never share, sell, rent, exchange or barter your personal information to or with any third party for financial gain or marketing purposes. By making that personal information available to Freshmint™, you grant Freshmint™ the right, subject to applicable law, to use that personal information to contact you regarding your use of the Freshmint™ Offerings and/or other Freshmint™ products and/or services that we think may be of interest to you. If you wish to stop receiving future communications from us, please follow the instructions at the end of each such e-mail message or see the “Opt-Out/Unsubscribe” section below.
Where you submit personal information, we use the personal information that you make available to personalize your experience with the Site and to facilitate the provision of applicable Freshmint™ Offerings to you, including in connection with customer service and to otherwise respond to any inquiries made by you. You also agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the Freshmint™ Offerings.
We may also employ other companies and individuals to perform certain functions on our behalf. Examples include processing credit card and other payment transactions, sending direct and electronic mail, removing duplicate information from User lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our Users’ personal information (including Sensitive Information, where applicable) as needed to perform these functions for us, but we do not permit them to use User personal information for other purposes.
We may also use your personal information for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the Freshmint™ Offerings. We may also combine the information we have gathered about you with information from other sources.
By submitting your personal information by and through the Freshmint™ Offerings, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.
Where you provide “prior express consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”), you consent to receive telephone calls from Freshmint™ (including SMS text messages) delivered via automated technology, to the telephone number(s) that you provided. Please note that you are not required to provide consent under the TCPA in order to obtain access to the Freshmint™ Offerings, and your consent simply allows Freshmint™ to contact you via these means. Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes. Without limiting the foregoing, if you: (a) have your telephone number reassigned to another person or entity; (b) give up your telephone number so that it is no longer used by you; (c) port your telephone number to a landline or vice versa; or (d) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify Freshmint™ of the Phone Number Change via e-mail at: support@freshmint.ai, or by using one of the methods set forth in the “Contact Us” section below.
We reserve the right to release current or past personal information (including Sensitive Information): (i) in the event that we believe that the Freshmint™ Offerings are being or have been used in violation of any Site-related agreement or to commit unlawful acts; (ii) if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any personal information pursuant to a subpoena; (iii) if a majority of our assets and/or equity are sold, if we merge with a third-party or if we are acquired by a third-party (collectively, “M&A Transactions”) (including where we share your personal information in connection with the due diligence process associated with a potential M&A Transaction); or (iv) if we are the subject of bankruptcy proceedings; provided, however, that if Freshmint™ is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via e-mail and/or a prominent notice on the Site of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information.
You hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be required by applicable law, including sharing your e-mail address with third-parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time, and other e-mail marketing laws. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third-parties without permission.
Non-Personal Information Collection and Use
Mobile Device, Geolocation and App Usage Information
We may collect certain non-personally identifiable information about you and your Mobile Device when you access the App and/or visit certain App pages. This non-personally identifiable information includes, without limitation, the following information pertaining to your Mobile Device and your use of the App: (a) Mobile Device platform type; (b) Mobile Device identifier; (c) SDK version; (d) API key (identifier for the App); (e) App version; (f) the model type, manufacture and Android version of the Mobile Device; (g) your App session start/stop time and date; and (h) the actions taken while utilizing the App. We use the non-personally identifiable information identified in this paragraph to improve the design and content of the Freshmint™ Offerings and to enable us to personalize your App experience. We also may use this information in the aggregate to analyze Freshmint™ Offerings usage, alter existing Freshmint™ Offerings and/or develop new or different Freshmint™ Offerings. You understand and agree that we may send push notifications about the Freshmint™ Offerings to you by and through your Mobile Device.
IP Addresses/Browser Type
We may collect certain non-personally identifiable information about you and your desktop computer and/or Mobile Device when you visit many of the pages of the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the Freshmint™ Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the Freshmint™ Offerings.
Cookies
When a User visits the Site, we send one (1) or more cookies and/or gif files (collectively, “Cookies”) to assign an anonymous, unique identifier to the applicable User’s computer. A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience at the Site. To find out more about Cookies, please visit www.cookiecentral.com. We use Cookies to improve the quality of the Freshmint™ Offerings, including for storing User preferences and tracking Site-User trends (such as pages opened and length of stay at the Site).
Most Internet browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a Cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with your Internet browser. Even in the case where a User rejects a Cookie, she or he may still use the Freshmint™ Offerings; provided, however, that certain Freshmint™ Offerings-related functions may be impaired or rendered inoperable if the use of Cookies is disabled. We reserve the right to retain Cookie data indefinitely.
Behavioral Tracking
Freshmint™ and its third party partners may use Cookies, pixels and other tracking technology (collectively, “Tracking Technology”) in connection with the Site and the App for purposes of tracking Users’ activities (such as websites visited, advertisements selected and pages viewed) after they leave the Site/exit the App. Freshmint™ and its third party partners may use this Tracking Technology to target applicable Users with advertisements featuring Freshmint™ products and services and third-party products and/or services that Freshmint™ and/or its third party partners, as applicable, think may be of interest to applicable end-users. To opt out of this behavioral tracking, please: submit an unsubscribe request to support@freshmint.ai.
Google®
Without limiting the foregoing, we may use two (2) tools called “Google Analytics®” and “Google Ads®,” each as made available by Google on the Site/in the App. Google may collect some or all of the following information by and through the Google tracking technology: (a) city and country of the User; (b) device type (desktop, mobile, tablet, etc.); (c) browser type; (d) referring website, search engine or social media platform; (e) Site/App pages visited; (f) time spent on each page; (g) navigation path through the Site/App; (h) actions taken on the Site/in the App (clicks, downloads, form submissions, registrations, etc.); and (i) exit pages (collectively, “Google Data”). Google shares the Google Data with us.
We may combine Google Data with your personal information. Google’s ability to use and share the Google Data and other information collected about your visits to (and use of) the Site, the App and/or in connection with the Freshmint™ Offerings through the Google Analytics® and Google Ads® tools is restricted by the Google Analytics® Terms of Service, available here, and the Google Privacy Policy, available here. You may learn more about how Google collects and processes data specifically in connection with these tools here. You may prevent your data from being tracked and/or used by Google by downloading and installing the Google Opt-out Browser Add-on, available here.
Meta Event Manager® and Meta Pixel®
We may also use web tools called Meta Event Manager® and Meta Pixel® (collectively, the “Meta Tools”), each as made available by Meta. Meta may collect some or all of the following information by and through the Meta Tools’ tracking technology: (a) traffic data from Facebook® users who visit the Site/access the App; (b) demographic information of Facebook® users who visit the Site/access the App; (c) actions taken on the Site/through the App (clicks, downloads, form submissions, registrations, etc.); (d) attribution for purposes of Facebook® ad conversion; and (e) click-through rates from the Site (collectively, “Meta Data”). Meta shares the Meta Data with us.
We may combine the Meta Data with your personal information, and we and/or Meta may use that Meta Data to serve you targeted ads after you leave the Site/exit the App. Information pertaining to Meta’s use of Meta Data and Facebook’s® privacy policy can be found here.
Microsoft Clarity®
We may also use a web analysis tool called Microsoft Clarity®, as made available by Microsoft, Inc. (“Microsoft”). By and through the Microsoft Clarity® tracking technology, Microsoft may track, collect, and provide recordings to Freshmint™ of some or all of the following activities/information: (a) city and country of the User; (b) device type (desktop, Mobile Device, tablet, etc.); (c) browser type; (d) referring website, search engine or social media platform; (e) Site/App pages visited; (f) time spent on each page; (g) navigation path through the Site/App; (h) actions taken on the Site/in the App (clicks, scrolls, mouse movements, window resizing, downloads, form submissions, registrations, etc.); and (i) exit pages (collectively, “Microsoft Data”). Microsoft® shares the Microsoft Data with us.
We may combine Microsoft Data with your personal information, and we and/or Microsoft may use that Microsoft Data to serve you targeted ads after you leave the Site. You can opt out of Microsoft Clarity® tracking by following the instructions located here.
In general, Users may be able to disable some, but not all, of this tracking activity by utilizing the “Do Not Track” setting or similar options within most major Internet browsers. We do not honor, or alter our behavior, when a User has activated the “do-not-track” setting on her/his browser. In addition, Users may be able to opt-out of this form of tracking utilizing the options made available by the Network Advertising Initiative or Digital Advertising Alliance. To the greatest extent permissible under applicable law, we are not responsible for the tracking practices of third-parties in connection with the Site and/or App.
Cross Device Tracking
Freshmint™ tracks Users’ use of the Freshmint™ Offerings across multiple devices, including personal computers and Mobile Devices.
Aggregate Data
Freshmint™ reserves the right to transfer and/or sell aggregate or group data about Users of the Freshmint™ Offerings for lawful purposes. Aggregate or group data is data that describes the demographics, usage and other characteristics of Freshmint™ Offerings Users as a group, without disclosing personally identifiable information.
Subscription Payments
Freshmint™ utilizes third-party service providers (such as Stripe, Inc.) to provide credit card payment processing services in connection with the Freshmint™ Platform Subscriptions. If you choose to purchase a Freshmint™ Platform Subscription, the credit card information, debit card information and/or bank account information that you provided will be provided directly to our contracted third-party payment processing service provider(s). Freshmint™ requires that its third-party payment processing service providers have in place privacy policies and practices consistent with this Privacy Policy; provided, however, that we cannot guarantee the privacy practices of our third-party payment processing service providers.
Interactive Services, Guest Messages, Host Messages and Social Media Websites
If you engage in any interaction with Freshmint™, other Users or any third-party via the Interactive Services (including sending Host Messages or Guest Messages, as applicable) and/or by and through any Social Media Pages, you should be aware that: (a) the personal information that you submit by and through such Interactive Services, Guest Messages, Host Messages and/or Social Media Pages can be read, collected and/or used by other Users of these websites/services (depending on your privacy settings associated with your accounts with the applicable Social Media Websites), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire; (b) your IP address may be read, collected and/or used by other Users of these websites/services; and (c) where Freshmint™ responds to any interaction on such Social Media Pages, your account name/handle may be viewable by any and all members/Users of Freshmint’s™ Social Media Pages. We are not responsible for the personal information that you choose to submit via Interactive Services, Guest Messages, Host Messages and/or any Social Media Websites.
Your interactions with the Social Media Pages are governed by the privacy policies of the applicable Social Media Websites. We encourage you to review the privacy policies and settings of the Social Media Pages with which you interact to help you understand those Social Media Websites’ respective privacy practices. If you have questions about the security and privacy settings of any Social Media Pages that you use, please refer to the applicable Social Media Website’s privacy notices or policies.
Third-Party Websites
This Site and the App may contain links to third-party owned and/or operated websites including, without limitation, the Social Media Websites and the websites of Event Hosts. Freshmint™ is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Freshmint™ has no responsibility or liability relating to them.
Security
We endeavor to safeguard and protect our Users’ personal information. When Users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). Where our registration/application process prompts Users to enter Sensitive Information (such as credit card information) and when we store and transmit such Sensitive Information, that personal information is encrypted with advanced TLS (Transport Layer Security).
Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. All of our Users’ personal information is restricted in our offices, as well as the offices of our third-party service providers. Only employees or third-party agents who need User personal information to perform a specific job are granted access to User personal information. Our employees are dedicated to ensuring the security and privacy of all User personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store User personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.
Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site, the App, other Freshmint™ Offerings or otherwise via the Internet or wireless networks, is done at your own risk.
In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
Minors
Visitors under eighteen (18) years of age are not permitted to use and/or submit their personal information by and/or through the Site and/or the App. Freshmint™ does not knowingly solicit or collect information from visitors under eighteen (18) years of age. Freshmint™ encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
Opt-Out/Unsubscribe
To opt-out of receiving e-mail and other forms of communications from us, you can: (a) follow the instructions included in the applicable e-mail message or other communication; or (b) e-mail us at: support@freshmint.ai.
Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Freshmint™ Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving Freshmint™ Offerings-related and/or inquiry response-related messages from Freshmint™, you must cease requesting and/or utilizing the Freshmint™ Offerings and/or cease submitting inquiries to Freshmint™, as applicable.
Individual Rights: Deleting, Modifying and Updating Your Personal Information
At your request, we will: (a) inform you of what personal information we have on file for you, in a machine-readable format; (b) amend the personal information that we have on file for you; and/or (c) completely remove personal information that you have provided to us, or that we have collected, from our servers/databases. You may make such a request by e-mailing us at: support@freshmint.ai. We ask individual Users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests.
Please be advised that deleting your personal information may terminate your access to certain of the Freshmint™ Offerings. If you wish to continue using the full complement of Freshmint™ Offerings, you may not be able to delete all of the personal information that we have on file for you.
Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.
Transfer of Personal Information Internationally
If you are visiting the Site and/or accessing the App from a country other than the country in which our servers are located, your communications with us may result in the transfer of personal information across international boundaries. By visiting the Site, accessing the App and/or otherwise communicating electronically with us, you consent to such transfers. Even if your jurisdiction does not have the same privacy laws as the jurisdiction where our servers are located, we will treat your information as subject to the protections described in this Privacy Policy.
Changes to this Privacy Policy
Freshmint™ reserves the right to change or update this Privacy Policy at any time by posting a notice on the Site and in the App that we are changing our Privacy Policy. If the manner in which we use personal information changes, Freshmint™ will notify Users by: (a) sending the modified policy to our Users via email; and/or (b) any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your information in this different manner, and we will only use your information in this different manner where you affirmatively consent to such use.
Contact Us
If you have any questions about this Privacy Policy or our privacy practices in general, please (a) send us U.S. Mail to: Freshmint Inc., 1410 Northern Blvd, #1601, Manhasset, NY 11030; or (b) email us at: support@freshmint.ai.
