FRESH Authorized User & Terms of Use Privacy Policy
Terms and Conditions
Last Modified: FEBRUARY 2026
These terms of use (the "Terms of Use") are a binding agreement between you and FRESH 2.0, LLC, an Arizona limited liability company ("FRESH 2.0," "us," "our," or "we"), governing your access to and use of the FRESH 2.0 program (the "Services"). We acknowledge and you acknowledge that these Terms of Use are between FRESH 2.0 and you, and not with any other third party, including any mobile platform provider.
The Services include a fresh approach to mastering your finances, relationships, education, spirituality, and health in order to maximize your potential, chase your passions, and live a well-balanced life through multimodal learning and motivation methods paired with clear stepwise systems.
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU ACCESS OR START USE OF THE SERVICES. BY ACCEPTING THESE TERMS OF USE, EITHER BY CLICKING TO ACCEPT OR AGREE OR BY DOWNLOADING, INSTALLING, OR USING AND/OR CONTINUING TO USE THE SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT (A) YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE, (B) YOU ARE 18 YEARS OF AGE OR OLDER, AND (C) YOU ACCEPT AND AGREE TO THE TERMS OF THESE TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION.
1. Access and License
1.1 FRESH 2.0 grants you a non-exclusive, non-transferable, revocable worldwide right to use the Services, subject to these Terms of Use (the "License"). You grant to FRESH 2.0 the non-exclusive, worldwide right to use, copy, store, transmit, and display Your Data solely to the extent necessary to provide the Services. All rights not expressly granted to you are reserved by FRESH 2.0 and its licensors. For the purposes hereof, "Your Data" means any data or information of any kind provided or submitted by you to FRESH 2.0 or entered electronically in the course of using the Services.
1.2 You agree that you will not, and will not attempt to: (i) duplicate, copy, sell, resell, commercially exploit for any purpose, disrupt or interfere with any portion of, use of, or access to the Services; (ii) use the Services for any purpose other than your personal education; (iii) directly or indirectly provide access to the Service to any other person; or (iv) violate any applicable law or regulation.
1.3 You are responsible for your access and use of the Services. You will assure that your access and use of the Services and Your Data will comply at all times with all applicable law.
2. Intellectual Property Rights; Your Data; Copyright Infringement Notification Process
2.1 The Services are protected by intellectual property rights (the "Intellectual Property Rights"), and any unauthorized use of the Services may violate such Intellectual Property Rights, applicable laws and these Terms of Use. FRESH 2.0 and its licensors own all right, title, and interest in and to the Intellectual Property Rights. These Terms of Use do not convey or transfer any ownership rights to you. If you make a suggestion to us for any type of addition or other change to the Services (the "Feedback"), you agree that FRESH 2.0 shall own the Feedback and you are not entitled to any money, credit, or other compensation. The trademarks, logos, and service marks displayed on the Services, including, without limitation, "FRESH 2.0," are the property of FRESH 2.0 or other third parties. You are not permitted to use these marks without the prior written consent of FRESH 2.0 or such third party that may own the marks. You may not remove or obscure any copyright notice or other proprietary notices contained within the Services.
2.2 You, not FRESH 2.0, shall have sole responsibility of all Your Data, and FRESH 2.0 shall not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any of Your Data. While using the Services, you agree that you will not upload, post, email, transmit, or otherwise make available any of Your Data that: (i) is unlawful or otherwise objectionable; (ii) creates a risk of harm, loss, or damage to any person or property; (iii) seeks to harm or exploit minors in any way; (iv) violates, or encourages any conduct that violates, applicable law; or (v) infringes any third party's rights. Upon termination for breach, your right to access or use Your Data immediately ceases, and FRESH 2.0 shall have no obligation to maintain or forward any of Your Data.
2.3 You understand that the technical processing and transmission of Your Data (including the possible transmission of Your Data outside its country of origin) may be necessary to your use of the Services and content offered on or through the Services, and consent to our interception and storage of Your Data. You understand that you or FRESH 2.0 may be transmitting Your Data over the Internet, and over various networks, only part of which may be owned and operated by FRESH 2.0. You agree that FRESH 2.0 is not responsible for any portions of Your Data that are lost, altered, intercepted, or stored without authorization during the transmission of Your Data across networks not owned and operated by FRESH 2.0.
2.4 FRESH 2.0 abides by the Federal Digital Millennium Copyright Act (the "DMCA"). If you believe that any content included on the Services is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights in that work, please immediately notify FRESH 2.0 of any such infringement. Please also note that, under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. Your written notice should be sent to our designated agent as follows:
DMCA Complaints:
FRESH 2.0, LLC
4835 E. Cactus Rd., Suite 255
Scottsdale, AZ 85254
Email: info@thefreshprogram.com
All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of these Terms of Use. Before sending either a copyright infringement notification or counter-notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our rights and obligations under the DMCA and do not constitute legal advice. FRESH 2.0 will remove the infringing content, subject to the procedures outlined in the DMCA.
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements): (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material; (4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If Your Data has been taken down, you may elect to send us a counter notice. To be effective, your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements): (1) a physical or electronic signature of the subscriber; (2) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; (3) a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (4) the subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
3. Term and Termination
The term for your access to and use of the Services shall commence upon the date you accept these Terms of Use and shall continue for the time period as set forth by FRESH 2.0 (in connection with the applicable underlying subscription of your employer, etc.) (the "Term"). Once terminated, you shall cease any use of the Services. You acknowledge and agree that FRESH 2.0 will not be liable to you or any third party in connection with any termination of your access to or use of the Services pursuant to the terms hereof. Sections 2 (Intellectual Property Rights; Your Data; Copyright Infringement), 4 (Disclaimer of Warranties/Limitation of Liability), 5 (Indemnification and Release), and 6 (Miscellaneous), including Governing Law and Arbitration, and any other provisions which by their nature should survive, shall survive termination of these Terms of Use.
4. Disclaimer of Warranties/Limitation of Liability
4.1 THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. AS SUCH, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FRESH 2.0 AND ITS SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, AND LICENSORS (COLLECTIVELY, THE "FRESH 2.0 PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE FRESH 2.0 PARTIES DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR SERVERS THAT MAKE THE SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL MEET YOUR APPLICABLE REQUIREMENTS.
4.2 YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY CONTENT OR DATA THROUGH THE SERVICES. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICES OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE FRESH 2.0 PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION OR MIS-DELIVERY OF, OR FAILURE TO STORE, ANY CONTENT, DATA, OR PERSONALIZATION SETTINGS.
4.3 YOU UNDERSTAND AND AGREE THAT THE FRESH 2.0 PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF A FRESH 2.0 PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT SHALL FRESH 2.0'S TOTAL CUMULATIVE LIABILITY EXCEED THE AMOUNT PAID BY (AND NOT OTHERWISE REFUNDED TO) YOU TO FRESH 2.0 FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES.
4.4 NO MEDICAL ADVICE. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE SERVICES RENDERED UNDER THE AGREEMENT AND THE STATEMENTS MADE BY FRESH 2.0 DO NOT CONSTITUTE MEDICAL ADVICE. YOU UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO DISCUSS ANY LIFESTYLE, NUTRITION, DIET, SUPPLEMENT AND MEDICATION USAGE WITH YOUR MEDICAL PROVIDER AND THAT YOU WILL DO SO BEFORE FOLLOWING ANY WELLNESS ADVICE RECEIVED FROM FRESH 2.0 OR ITS PERSONNEL. YOU ACKNOWLEDGE THAT NO FRESH 2.0 PERSONNEL ARE SERVING AS YOUR PERSONAL PHYSICIAN AND THAT THE ADVICE, COACHING, AND WELLNESS INFORMATION PROVIDED TO YOU IS FOR INFORMATION PURPOSES ONLY. YOU ACKNOWLEDGE THAT BIOMETRIC WELLNESS, NUTRITION COACHING, DIETARY CHANGES, EXERCISE CHANGES, AND LIFESTYLE CHANGES MAY CONTAIN CERTAIN RISKS. YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU MAY BE PROVIDED WITH AN OPPORTUNITY TO CONNECT WITH ONE OF OUR 3RD PARTY HEALTH ASSESSMENT VENDORS (AS DEFINED IN OUR PRIVACY POLICY) FOR PURPOSES OF CONDUCTING HEALTH ASSESSMENTS. YOU ACKNOWLEDGE THAT YOUR PARTICIPATION IN ANY OF THESE HEALTH ASSESSMENT VENDOR PROGRAMS IS VOLUNTARY AND IS GOVERNED BY THE HEALTH ASSESSMENT VENDOR’S TERMS OF USE AND PRIVACY POLICIES. YOU ACKNOWLEDGE AND UNDERSTAND THAT FRESH 2.0 MAKES NO ENDORSEMENTS, GUARANTEES, OR EVALUATIONS OF THE HEALTH ASSESSMENT VENDOR’S PROGRAMS. YOU AGREE TO EVALUATE THESE RISKS WITH YOUR PHYSICIAN BEFORE MAKING ANY CHANGE TO YOUR PERSONAL HABITS. YOU FURTHER AGREE TO RELEASE AND HOLD HARMLESS FRESH 2.0 FROM ANY AND ALL CLAIMS ARISING FROM YOUR RELIANCE ON INFORMATION PROVIDED THROUGH THE SERVICES WITHOUT CONSULTING YOUR PHYSICIAN.
5. Indemnification and Release
5.1 You agree to indemnify, defend, and hold harmless the FRESH 2.0 Parties for, from, and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or relating to any violation of these Terms of Use by you or any other actions connected with your use of the Services. Your indemnification obligations include, without limitation, claims arising out of any of Your Data, as well as any claims arising out of acts or omissions by any other person or entity who gains access to the Services through your registration information, either with your permission or as a result of your failure to use reasonable security measures.
5.2 Other than as set forth herein, FRESH 2.0 is not directly involved in the actual transaction between you and your health and wellness benefits provider. As we are not involved in the actual direct transaction between you and such benefits provider, in the event that you have a dispute with such benefits provider, you release the FRESH 2.0 Parties from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive any and all rights and benefits conferred by the provisions of Section 1542 of the Civil Code of the State of California, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
6. Miscellaneous
Modification of the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when posted, or up to thirty (30) days after publication where required by law, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of changes to these Terms of Use means that you accept and agree to such changes. It is your responsibility to check these Terms of Use periodically for changes, as these changes are binding on you.
Injunctive Relief
Your breach of these Terms of Use may result in immediate and irreparable harm to us, for which there may be no adequate remedy at law, and, therefore, you agree that we are entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation, and disclosure of information obtained through the Services, which is in addition to any other remedies available at law or in equity.
Governing Law
These Terms of Use shall be governed by the laws of the State of Arizona and controlling U.S. federal law. The Uniform Computer Information Transactions Act, the United Nations Convention on the International Sale of Goods, and choice of law rules of any jurisdiction will not apply to these Terms of Use. Any legal action or proceeding relating to these Terms of Use shall be instituted in a state or federal court in Maricopa County, Arizona, and each party hereby submits to the exclusive personal jurisdiction of such courts and waives any defense relating to venue or forum non conveniens.
Force Majeure
FRESH 2.0 shall not be liable for any failure or delay in performing its obligations under these Terms of Use where such failure or delay results from any cause beyond FRESH 2.0's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, war, terrorism, riots, civil unrest, pandemic, epidemic, government orders, strikes, or labor disputes.
Arbitration
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR THE BREACH THEREOF, SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. THE ARBITRATION SHALL BE CONDUCTED IN MARICOPA COUNTY, ARIZONA, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. EACH PARTY SHALL BEAR ITS OWN COSTS AND ATTORNEYS' FEES, EXCEPT THAT THE ARBITRATOR MAY AWARD ATTORNEYS' FEES TO THE PREVAILING PARTY IF PERMITTED BY APPLICABLE LAW.
No Waiver; Severability
A waiver of any breach of any provision of these Terms of Use is not a waiver of any repetition of such breach and will not in any manner affect any other terms or conditions of these Terms of Use. We do not waive any rights by the failure to enforce any provision of these Terms of Use in every instance in which it might apply. In the event that any provision of these Terms of Use is held to be unenforceable, it will not affect the validity or enforceability of the remaining provisions, and will be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision.
Assignability
We may assign our rights and delegate our duties under these Terms of Use, either in whole or in part, at any time without notice. You may not assign, sublicense, or otherwise transfer your rights or obligations, in whole or in part, under these Terms of Use to anyone else without our prior written consent.
Relationship
This Agreement does not establish any relationship of partnership, joint venture, employment, franchise, or agency between you and us.
Entire Agreement
These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and FRESH 2.0 regarding the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
Privacy Policy
Last Modified: FEBRUARY 2026
FRESH 2.0, LLC, an Arizona limited liability company ("FRESH 2.0," "us," "our," or "we") respect your privacy and are committed to protecting it through our compliance with this Privacy Policy ("Policy").
This Policy describes the types of information we may collect from you or that you may provide when you use the FRESH 2.0 program, website, and related services (the “Service”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This Policy applies to information we collect through the Service or in email, text, and other electronic messages between you and the Service. This Policy does not apply to information collected by us offline or through any other means, including on any other website operated by FRESH 2.0 or any third party, including through any application or content that may link to or be accessible from or through the Service.
Please read this Policy carefully to understand our policies and practices regarding your information and how we treat it. If you do not agree with our policies and practices, your choice is not to use the Service. By accessing or using the Service, you agree to this Policy. This Policy may change from time to time (see Section 9 below (Changes to Our Policy)). Your continued use of the Service after we make changes is deemed to be acceptance of those changes, so please check this Policy periodically for updates.
1. Types of Information Collected
We collect several types of information from and about users of the Service, including information: (i) in the aggregate that has been deidentified or anonymized; and (ii) about your internet connection, the equipment you use to access the Service, and usage details. We collect this information directly from you when you provide it to us or automatically as you navigate through the Service.
The information we collect on or through the Service may include information you provide by filling in forms on our website, records and copies of your correspondence if you contact us, details of the transaction you carry out through the Service, and your search queries through the Service. Information collected automatically may include usage details, internet protocol (IP) addresses, and information collected through cookies, web beacons, and other tracking technologies.
FRESH 2.0, in connection with the Service, collects a name and email address only when you voluntarily submit them through a form on the Service, and uses them to respond to your request. FRESH 2.0 will never request sensitive information such as a social security number, driver’s license number, or a personal identification number from a bank or credit card.
2. Children
In accordance with the Children's Online Privacy Protection Act of 1998 (COPPA), FRESH 2.0 is committed to the privacy of all children. Our Service is not intended for children under 13 years of age. No one under age 13 may provide any information to this Service. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Service. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at info@thefreshprogram.com.
3. Information Collected Automatically
As you navigate through and interact with the Service, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including details of your visits to the Service and information about your computer and internet connection. The information we collect automatically is only statistical data and does not include personal information. It helps us to improve the Service and to deliver a better and more personalized service, including by enabling us to: (i) estimate our audience size and usage patterns; (ii) store information about your preferences; (iii) assist in evaluating and improving the Service; and (iv) promote our services by using the resultant data on an aggregate and/or deidentified or anonymous basis.
The technologies we use for automatic information collection may include cookies, web beacons, and log files.
Cookies
A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of the Service. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Service.
The Service uses tracking software to monitor its visitors provided by Google Analytics which uses cookies to track visitor usage. The software will save a cookie to your computer’s hard drive in order to track and monitor your engagement and usage of the Service, but will not store, save or collect personal information. You can read about how Google Analytics works at: https://policies.google.com/technologies/partner-sites.
Web Beacons
Pages of the Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit FRESH 2.0, for example, to count users who have visited those pages or opened an email and for other related website statistics. We may utilize Meta’s Pixel technology to accomplish these data goals. Meta’s processing of data is outlined at https://www.facebook.com/privacy/policy/.
Wearables
We may provide you with third-party wearable tech to provide biometric data tracking and health monitoring that supplement our Services. For example, we have partnered with Oura Health to provide certain wearable technologies. Oura Health is a third-party provider as outlined in Section 10 of this policy. Details about Oura Health’s privacy policy can be found at: https://ouraring.com/privacy-policy. You may choose to opt-in to share wearable data with us. If you would like to opt-out of sharing wearable data with us, please contact us at info@thefreshprogram.com.
Log Files
Like many sites, this Service makes use of log files. These files merely log visitors to the site – usually a standard procedure for hosting companies and a part of hosting service analytics. The information inside the log files includes IP addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track users’ movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.
Do Not Track Signals
Do Not Track (DNT) signals are signals sent through a browser informing us that you do not want to be tracked. We do not assign any meaning to DNT signals as there is no consistent industry standard for compliance.
4. Use and Disclosure of Information
We use information that we collect about you or that you provide to us: (i) to present our Service and its contents to you; (ii) to provide you with information, products, or services that you request from us; (iii) to fulfill any other purpose for which you provide it; (iv) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us; (v) in any other way we may describe when you provide the information; and (vi) for any other purposes with your consent.
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
5. California Privacy Rights
Under California Civil Code Section 1798.83, California residents may request certain information regarding our disclosure of personal information to third parties for direct marketing purposes. California residents also have the right to know what personal information we collect, the right to delete personal information, and the right to opt-out of the sale of personal information. FRESH 2.0 does not sell personal information. To make such a request, please send us an email at info@thefreshprogram.com or write us at: FRESH 2.0, LLC, 4835 E. Cactus Rd., Suite 255, Scottsdale, AZ 85254
6. Consumer Health Data
You may have certain rights under Washington’s My Health My Data Act, Nevada Consumer Health Data Privacy Law, Connecticut Data Privacy Act, and other consumer facing health data laws. Although it’s not our intent to collect substantial consumer health data, we may encounter such data as a result of your activities such as your participation in our programs. You may choose to opt-in to share Health Assessment Vendor (as defined in Section 10) or other 3rd party data with us. In the event that you previously consented to participate and would like to now opt out, please contact us at info@thefreshprogram.com.
7. Data Retention
We retain Your Data only for as long as necessary to provide the Services and fulfill the purposes outlined in this Policy, unless a longer retention period is required or permitted by law. When Your Data is no longer needed, we will securely delete or anonymize it.
8. Data Security
The safety and security of your information also depends on you. Where we have given you (or where you have chosen to) access certain parts of the Service, you are responsible for keeping the information you enter confidential.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect Your Data (as defined in our Terms of Use), we cannot guarantee the security of Your Data transmitted to the Service. Any transmission of Your Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained through the Service.
9. Changes to Our Policy
It is our policy to post any changes we make to our Policy on this page. If we make material changes to how we treat Your Data, we will notify you through a notice through the Service home page. The date the Policy was last revised is at the top of the page. You are responsible for periodically visiting the Service and this privacy policy to check for any changes.
10. Third-Party Links/Providers
The Service may contain links or integrations to third-party owned and/or operated applications, devices, or websites. We are not responsible for the privacy practices or the content of these entities. These third-party entities have separate privacy and data collection practices and therefore, we have no responsibility or liability relating to them.
We may integrate 3rd party service providers ("Health Assessment Vendors") to enhance your experience under the FRESH 2.0 program. These Health Assessment Vendors will offer you various testing options such as a full body Dexa Scan, VO2 Max Fitness Test, and Resting Metabolic Rate assessments. Although we may partner with the Health Assessment Vendors to provide you their services at no additional cost, the services are provided directly by the Health Assessment Vendors and are subject to their own terms and conditions and privacy policies. FRESH 2.0 makes no warranties regarding the Health Assessment Vendors’ services and is not liable for any claims, damages, or issues arising from your use of Health Assessment Vendor services. We recommend reviewing their terms of use and privacy policy to best understand their commitments. All results received from these providers should be reviewed by you and your physician to determine their applicability to your individual health profile. We may ask you to provide your results of the assessments for us to best assess your profile. None of our recommendations constitute medical advice or should take the place of your physician’s oversight. Function Health’s Privacy Policy is available at https://www.functionhealth.com/legal/privacy-policy.
11. Contact Us
If you have any questions or comments about this Policy, please email us at info@thefreshprogram.com.