Privacy Policy
This Privacy Policy ("Privacy Policy") sets out how Eat Seasonal, Inc. (the "Company," "we," "us," or "our") uses and protects any information that you (referred to as "you" or "your") provide when accessing, browsing, joining the waitlist, creating a member account, or otherwise using the website https://www.eatseasonal.co/ (the "Website") or any of the Company's services, including its farm share membership platform, CSA enrollment and pickup coordination tools, optional add-on purchasing, and access to educational content related to food and agriculture (collectively, the "Services").
Company is committed to ensuring that your privacy is protected. Any personal identifying information (hereinafter "Personal Information" and as defined below) you provide when using the Website and/or Services will only be used in accordance with this Privacy Policy. This Privacy Policy describes the types of information Company may collect from you or that you may provide when using the Website and/or Services, as well as its practices for collecting, using, retaining, protecting, and/or disclosing that Personal Information.
Eat Seasonal, Inc. ("Company" or "Seasonal") operates as a technology and coordination platform that facilitates transactions between Members and independent partner farms ("Farms") and pickup location operators ("Pickup Partners"). Participating Farms are the seller of record for all CSA shares and agricultural products offered through the platform. Company acts solely as a technology and coordination provider and, where applicable, as a limited payment collection agent for participating Farms. Company does not grow, harvest, manufacture, process, distribute, store, or sell any agricultural products offered through the platform, and does not take title, possession, or ownership of any food products at any time. Title to agricultural products transfers directly from the Farm to the Member upon pickup of the share at the designated pickup location. This Privacy Policy applies to all Personal Information collected in connection with these activities.
PERSONAL INFORMATION
What Personal Information is Collected?
When browsing, entering, purchasing, or otherwise accessing the Website or engaging with the Company for any of its available Services (together referred to as the "Services"), you may be asked to enter or disclose various types of Personal Information, which may include, but is not limited to:
Contact Information: name, e-mail, postal address, telephone number, or any other similar information.
Account Credentials: username, password, and any other information used to create and access your member account.
Membership and CSA Share Details: your assigned farm, farm share selections, seasonal enrollment dates, pickup location preferences, weekly share status (confirmed, skipped, or donated), skip history, add-on product selections, add-on order history, and any substitution or modification requests.
Pickup and Logistics Information: your designated pickup location, preferred pickup window, and any instructions provided to facilitate coordination with Farms or Pickup Partners.
Identification and Demographics: date of birth, gender, interests, lifestyle information, photos, social media credentials, contacts, or referrals.
Transactional: payment information, billing address, and transaction history. Payment card data is processed by our third-party payment processor and is not stored directly by the Company. Payments made through the Company's platform are collected by Company as a limited payment collection agent for participating Farms.
Customer Content: photos, videos, reviews, and other information you may submit, such as comments on the Website, other online forums, and social media platforms.
Research and Feedback: reviews and comments that you send through the Website and social media platforms; by email, over the phone or by mail.
Device Information and Identifiers: IP addresses, cookie IDs, browser types and language, operating systems, platform type, and device type.
Connection and Usage: domain names, browsing activity, scrolling and keystroke activity, advertisements viewed, forms or fields you complete or partially complete, search terms, whether you open an email, content you view and duration, including educational content accessed through the platform, quality of the service, and interaction with the content, logs, and other similar information. If these events occur while you are offline, they may be logged and uploaded when you next connect.
Geolocation: city, state, and ZIP code associated with your IP address or derived through Wi-Fi triangulation. Company will ask for your permission before using your precise location from GPS-based functionality on your mobile devices.
Social Media Information: if you interact through a Third-Party Platform (as described herein) or social media website using your social media credentials, depending on your social media settings, Company may have access to your information from that social network such as your name, e-mail address, friend list, photo, age, gender, location, birthday, social networking ID, current city, your comments, and the people and other websites you follow.
Additional Information: any additional information you provide either directly through the Website or through your participation, support request, interaction through its social media accounts, or any other communication.
When is Personal Information Collected?
Generally, you are not under any statutory or contractual obligation to provide Company any Personal Information; however, certain Personal Information may be automatically collected, and some Personal Information is required in order for you to use certain features of the Website and/or engage in the Services.
Company collects information from you when you: browse or otherwise use the Website; sign up for the waitlist; create a member account; enroll in a CSA program; confirm, skip, or donate your weekly share; place an add-on order; access educational content through the platform; receive or respond to a pickup confirmation text message; contact or engage Company for the Services; fill out an online form; make a purchase; or otherwise enter any information on the Website or Company's social media platforms, which may include, but are not limited to, Instagram, Facebook, or other third-party applications (together the "Third-Party Platforms").
How do you get my Consent?
By providing any Personal Information on the Website, including signing up for the waitlist, creating a member account, enrolling in a CSA program, completing a purchase, submitting a contact form, or verifying or changing your payment information, you consent to the collection, storage, and use of that information for the purposes described in this Privacy Policy, including to provide Services to you and to improve Company's offerings and your experience.
If Company asks for your Personal Information for any other reason, it will either: (a) ask directly for your express consent; or (b) provide you with an opportunity to decline by contacting Company directly.
How do I Withdraw my Consent?
If you change your mind, you may withdraw your consent for the continued collection, use, or disclosure of your Personal Information at any time by contacting the Company directly at John@eatseasonal.co or by mail at Eat Seasonal, Inc. d/b/a Seasonal, 508 West 112th Street, 7A, New York, NY 10025.
Company reserves the right to retain any information previously collected to the extent required by law or for legitimate business purposes, including resolving disputes, enforcing agreements, complying with legal obligations, and maintaining aggregated and de-identified data for analytics. Please note that withdrawing consent may affect your ability to use certain features of the Services, including your ability to participate in a CSA program.
How is your Personal Information used?
Company may use such Personal Information in any of the following ways, including but not limited to:
To personalize your experience on the Website.
To create and manage your member account.
To enroll you in a CSA program and assign you to a participating Farm.
To process payments and prevent fraudulent transactions, including collecting payments as a limited agent on behalf of participating Farms.
To send weekly pickup confirmation text messages (SMS) and allow you to confirm, skip, or donate your weekly share through those messages.
To coordinate and communicate your pickup logistics with your assigned Farm and Pickup Partner.
To process and fulfill add-on orders.
To send you transactional communications, including order confirmations, pickup reminders, account-related updates, and seasonal program information.
To send you marketing communications, newsletters, event invitations, and promotional offers (where you have opted in or as otherwise permitted by applicable law).
To provide and implement the Services.
To maintain and improve the Website and provide a seamless experience across all devices.
To allow Company to better service you in responding to your service requests or other queries.
To quickly process your transactions.
To investigate and help prevent security issues, abuse, or violations of law or the Terms.
Displaying content you generate, such as video, audio, and comments on the Website or on Third Party Platforms.
Compliance with laws, regulations, and ethical business conduct.
How is your Personal Information Protected?
Company takes the security of your Personal Information very seriously and implements reasonable administrative, technical, and physical safeguards when you use the Website, engage Company for the Services, or otherwise provide your Personal Information. Your Personal Information is accessible only to a limited number of persons who have authority to access it, including contractors or agents that Company may employ to perform tasks, fix bugs, and/or monitor the Website on its behalf. No method of transmission over the internet or electronic storage is 100% secure, and Company cannot guarantee absolute security.
Does Company Collect Information from Minors?
The Services are available to individuals who are at least eighteen (18) years of age, or to individuals between the ages of thirteen (13) and seventeen (17) with verifiable parental or legal guardian consent. Company does not knowingly collect Personal Information from children under the age of thirteen (13). If Company learns that it has collected any such data without the supervision of a parent or legal guardian, Company will take all reasonable measures to delete such information and will not use it for any purposes. If you become aware of any Personal Information that Company has collected from a child under the age of thirteen (13) without the supervision of a parent or legal guardian, please contact Company immediately at John@eatseasonal.co.
How do I opt-out, remove, or modify any Personal Information I have provided?
You can request to have your Personal Information corrected, updated, or removed by contacting Company directly. Please note that Company may retain certain information as required by law or as necessary for legitimate business purposes, including record-keeping in connection with prior membership transactions and CSA program participation.
Acceptance of Terms
Through use of the Website, you are hereby accepting this Privacy Policy and each of the terms and conditions stipulated herein. If you are not in agreement with this Privacy Policy, you should refrain from any further use of the Website and Services. Your continued use of the Website and Services following the posting of any updates or changes to this Privacy Policy shall indicate that you agree and accept such changes.
Communications To You; SMS, Emails, & Calls
By providing your contact information and using the Services, you consent to receiving communications from Company, including but not limited to, e-mails, text messages (including weekly pickup confirmation messages), and/or calls regarding the Services, membership updates, marketing, and other relevant information. Standard message and data rates may apply to SMS communications. You may opt out of marketing SMS communications at any time by replying STOP to any text message from Company; however, Company reserves the right to continue sending transactional messages necessary for the fulfillment of your active membership, including but not limited to weekly pickup confirmation messages, which are not subject to the STOP opt-out mechanism. You may opt out of marketing e-mails by clicking the "unsubscribe" link in any such e-mail. You agree to provide true, accurate, and current Personal Information. Your engagement with the Website and Services may be shared with others in accordance with this Privacy Policy and the Company's Terms & Conditions.
Farm and Pickup Partner Disclosure
To fulfill your CSA membership and coordinate pickup logistics, Company shares relevant Personal Information, such as your name, contact information, share details, and pickup preferences, with your assigned partner Farm and the applicable Pickup Partner. These parties receive only the information necessary to fulfill your membership. Company requires these parties to maintain the confidentiality of your information and restricts their use of your information to purposes related to fulfilling your membership. They are not permitted to use your information for their own independent marketing purposes without your separate consent. Participating Farms are the seller of record for all CSA shares and agricultural products, and title to products transfers directly from the Farm to you upon pickup.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL YOU HOLD COMPANY LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, WHETHER DIRECT OR INDIRECT, CAUSED OR ALLEGED TO BE CAUSED IN CONNECTION WITH YOUR USE OF THE WEBSITE OR PARTICIPATION IN ANY SERVICES. FOR CLARITY, UNDER NO CIRCUMSTANCES WILL YOU HOLD COMPANY LIABLE FOR ANY DAMAGES WHATSOEVER CAUSED BY OR RELATED TO THE WEBSITE AND/OR YOUR PARTICIPATION IN THE SERVICES, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA.
Does the Website use 'cookies'?
Yes. Company and its service providers and other third parties use cookies and similar technologies (e.g., HTTP cookies, web beacons, embedded scripts, and software development kits) to recognize you on, off, and across your devices. Cookies are small files that Company or its service providers transfer to your computer's hard drive through your web browser (if you allow) that enable Company's or its service providers' systems to recognize your browser or device and capture and remember certain information. They are also used to help Company understand your preferences based on previous or current Website activity, which enables Company to provide you with improved Services. The Website also uses cookies to compile aggregate data about Website traffic and interaction so that Company can offer better experiences in the future.
Company and its third-party partners may use tracking technologies such as cookies, pixels, and web beacons to collect and store information about you when you use or interact with the Website and marketing communications. These third parties may automatically receive your IP address when you access the Website and may use tracking technologies to measure the effectiveness of advertisements and personalize the advertising content you see.
You can opt-out of targeted advertising by visiting the following pages:
FACEBOOK – https://www.facebook.com/settings/?tab=ads
Cookies are used to:
Understand and save your preferences for future visits.
Compile aggregate data about traffic and interactions to offer better experiences in the future. Company may also use trusted third-party service providers that track this information on its behalf.
You can choose to have your computer or device warn you each time a cookie is being sent, or you can turn off all cookies through your browser or device settings. If you disable cookies, some features on the Website may be disabled or may not function properly.
Third party and other disclosures of your Personal Information
Company engages the following third-party service providers, among others, in connection with the operation of the Website and Services:
Squarespace: website hosting and e-commerce infrastructure.
Mailchimp / Intuit: e-mail marketing and waitlist management platform.
Payment Processor(s): for the secure processing of membership fees, add-on purchases, and other transactions on behalf of participating Farms.
SMS / Messaging Platform: for the delivery of weekly pickup confirmation text messages and other platform notifications.
Each of these providers maintains its own privacy policy and data practices. Company encourages you to review the applicable privacy policies of these third-party services.
How is your Personal Information shared and disclosed?
Company may share and disclose your Personal Information for the following reasons:
Customer Instructions: You can determine your own policy for the sharing and disclosure of your Personal Information and Company does not control how you choose to share or disclose your Personal Information. Company will share and disclose your Personal Information in accordance with your instructions and in compliance with applicable law.
Compliance with Applicable Law: If Company receives a request for information, Company may disclose Personal Information if it reasonably believes disclosure is in accordance with or required by any applicable law, regulation, or legal process.
Third Party Links
The Website may contain links to third-party websites or services. These third parties have separate and independent privacy policies. Company has no responsibility or liability for the content and activities of these third parties. Nonetheless, Company seeks to protect the integrity of the Website and welcomes any feedback about these third-party links.
Behavioral Advertising
Company may use your Personal Information to provide you with targeted advertisements or marketing communications Company believes may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s educational page at: http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
Newsletter Consent
You may receive a newsletter or other marketing communications from Company if:
You access our Website and have given your consent to the processing of your Personal Information and to the sending of such communications ("Express Consent").
You are a member, subscriber, Farm partner, Pickup Partner, or other affiliate who has expressed interest in our Services ("Implied Consent"). The use of your data for this purpose is based on Company's legitimate interest in promoting its seasonal programs, events, and local food community.
You may opt out of marketing e-mail communications at any time by clicking the "unsubscribe" link in any such e-mail or by contacting Company directly. You may opt out of SMS communications by replying STOP to any text message from Company.
Retention of your Personal Information
Company will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. Company will retain and use your Personal Information to the extent necessary to comply with its legal obligations, resolve disputes, complete audits, and/or enforce its legal agreements and policies.
INTERNATIONAL TRANSFERS
Company is headquartered in the United States. Company may transfer your information to service providers and other third parties located outside of your country of residence, including in the United States. Data privacy laws vary from country to country and may not be equivalent to, or as protective as, the laws in your home country. Company takes steps to ensure that reasonable safeguards are in place to ensure an appropriate level of protection for your Personal Information, in accordance with applicable law. By providing Company with your Personal Information, you acknowledge and agree to any such transfer, storage, or use.
Some Services and Website functions can only be provided if Company has your Personal Information; therefore, deletion of your Personal Information may result in the termination of such Services or functions. Company will take reasonable steps to verify your identity before granting access to or modifying your Personal Information.
STATE SPECIFIC DATA POLICIES
Special Notice for California Residents
Company shall not market or advertise to minors products or services that minors are legally prohibited from purchasing, and shall not market or advertise based on Personal Information specific to any minor, nor shall it knowingly use, disclose, compile, or allow a third party to do so.
Your California Privacy Rights. California residents are entitled once a year, free of charge, to request and obtain information regarding Company’s disclosure, if any, of certain categories of Personal Information to third parties for their direct marketing purposes in the preceding calendar year. To obtain this information, please contact Company directly.
California Consumer Privacy Act (CCPA)
The California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act ("CPRA"), provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of Personal Information, as well as the right to know, access, delete, correct, and limit the use and disclosure of sensitive Personal Information. California consumers also have the right to opt out of the sale or sharing of Personal Information and to not be discriminated against for exercising their privacy rights. The CCPA defines “Personal Information” to mean “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.”
“Do Not Sell My Personal Information” (California Residents only)
California residents may opt-out of the “sale” of their Personal Information. California law broadly defines “sale” in a way that may include allowing third parties to receive certain information such as cookies, IP address and/or browsing behavior to add to a profile about your mobile device, browser, or you.
Depending on how you use the Website, Company may share the following categories of information for such advertising which may be considered a sale or sharing (as defined by California law):
Identification and demographics; device information and identifiers, such as IP address, and unique advertising identifiers and cookies; connection and usage information, such as browsing history; geolocation information, such as city; and inference data.
If you would like to opt-out of the use of your Personal Information for such purposes (to the extent this is considered a sale or sharing), you may do so by contacting Company directly or by using the "Do Not Sell or Share My Personal Information" link on our Website.
Third Parties’ List – Shine the Light (California Residents only)
California residents can also request a list of all the third parties to which Company has disclosed certain Personal Information (as defined by California’s Shine the Light law) during the preceding year for those third parties’ direct marketing purposes. You will need to attest to the fact that you are a California resident. Company will only accept requests submitted by mail to the address provided below, and Company is not responsible for notices that are not labeled or sent properly, or that do not have complete information. Company reserves the right to verify the identity of any requester before processing any request.
Special Notice for Nevada Residents
Nevada law allows certain Nevada consumers to opt-out of the sale of Covered Information for monetary consideration to a person for that person to license or sell such information. “Covered Information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online. To exercise this right, Nevada residents may contact us at the information provided below.
Virginia Consumer Data Protection Act (Effective January 1, 2023)
Under the Virginia Consumer Data Protection Act (“VCDPA”), certain businesses must give Virginia consumers the ability to access, correct, delete, and obtain a copy of personal data that the business collects about them, or that consumers have otherwise provided. Consumers have the right to obtain a copy of data the consumer has previously provided, in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance.
Virginia consumers can opt out of the processing of personal data for purposes of targeted advertising, the sale of their personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer. To exercise these rights, Virginia residents may contact us at the information provided below.
Utah Consumer Privacy Act (Effective December 31, 2023)
The Utah Consumer Privacy Act (“UCPA”) provides Utah residents with the right to (a) confirm whether a controller is processing the consumer’s personal data and to access that personal data; (b) delete the consumer’s personal data that the consumer provided to the controller; (c) obtain a copy of the consumer’s personal data that the consumer previously provided to the controller in a portable format where technically feasible, and where reasonably practicable and at the Company's discretion as to the specific format and method of delivery; and (d) opt out of the processing of personal data for purposes of targeted advertising or the sale of personal data, subject to applicable exceptions under the UCPA. To exercise these rights, Utah residents may submit a verifiable request to us using the contact information provided below. We will respond to verified requests within the timeframes required by law and reserve the right to decline requests that do not meet applicable verification requirements or that fall within statutory exemptions.
The UCPA defines “Personal Data” as information that is linked or reasonably linkable to an identified or identifiable individual. Data that cannot be linked to a consumer and publicly available information and the processing of personal data for purely personal or household purposes are excluded from the UCPA. Data controllers must provide consumers with reasonable, accessible, and clear privacy notice. Controllers must establish and maintain reasonable administrative, technical, and physical data security practices to protect the confidentiality and integrity of personal data and reduce reasonably foreseeable risks of harm to consumers relating to the processing of personal data.
Connecticut Data Privacy Act (Effective July 1, 2023)
The Connecticut Data Privacy Act (“CTDPA”) defines “Consumer” as a Connecticut resident and excludes persons acting in a commercial or employment context. The “Sale of Personal Data” refers to the exchange of personal data for monetary or other consideration by the controller to a third party.
Personal data excludes any deidentified data or publicly available information, where publicly available information means information that is lawfully made available through government records or widely distributed media and a controller has a reasonable basis to believe a consumer has lawfully made available to the general public.
Under the CTDPA, Connecticut consumers are provided with (a) the right to access; (b) right to correct; (c) right to delete; (d) right to data portability; and (e) right to opt out of the processing of personal data for purposes of targeted advertising, the sale of personal data, or profiling in furtherance of solely automated decisions that produce legal or similarly significant effects. To exercise these rights, Connecticut residents may contact us at the information provided below.
Colorado Privacy Act (Effective July 1, 2023)
Under the Colorado Privacy Act (“CPA”), “Consumers” are defined as residents acting in their individual or household contexts and excludes individuals acting in a commercial or employment capacity, job applicants, and beneficiaries of someone acting in an employment context from its definition of “consumer.” “Personal Data” is defined to mean information that is linked or reasonably linkable to an identified or identifiable individual. The CPA does not extend to deidentified data or publicly available information.
Under the CPA, businesses must provide consumers with clear privacy notices and conduct data protection assessments for any personal data processing that presents a heightened risk of harm to consumers. Colorado consumers are afforded the right to opt out of the processing of personal data for targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer. The CPA also requires controllers to honor user-selected universal opt-out mechanisms. To exercise these rights, Colorado residents may contact us at the information provided below.
Updates and Changes to this Privacy Policy
Company is constantly aiming to improve its Website and Services, so it may update or change this Privacy Policy from time to time. Company reserves the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting to the Website, provided that Company may, at its sole discretion, designate certain changes as material and provide advance notice of up to thirty (30) days before such material changes take effect. If Company makes any material changes to this Privacy Policy, Company will notify you here and, where appropriate, by e-mail or platform notice.
If you have any questions regarding this Privacy Policy or if you want to verify, modify, receive, suspend, or delete your Personal Information, you can reach Company directly using the contact information provided below. Company will use commercially reasonable efforts to respond to your request in a timely manner, subject to applicable law and Company's operational requirements.
Eat Seasonal, Inc. d/b/a Seasonal
508 West 112th Street, 7A
New York, NY 10025
E-mail: John@eatseasonal.co