PRIVACY POLICY

Introduction

Kenny Fresh Farms, operating under the registered trade name Kenny Fresh Microgreens ("we," "us," "our"), is a general partnership delivering fresh-cut microgreens in Brantford and Paris, Ontario, with plans to expand to Cambridge, Kitchener, Guelph, Waterloo, Hamilton, and London. We are committed to protecting your privacy and handling your personal information responsibly.

This Privacy Policy explains what information we collect, why we collect it, how we use it, and your rights regarding your information. By placing an order or using our website, you agree to this Privacy Policy.

Our Business Information

1. Information We Collect

1.1 Information You Provide to Us

When you place an order or subscribe to our services, we collect only the information necessary to fulfill your order and communicate with you:

• Your name
• Email address
• Mobile phone number (for delivery coordination)
• Delivery address
• Product selections and order details
• Payment information (processed securely through our payment processor)
• Subscription preferences (delivery frequency: weekly, bi-weekly, or monthly/every 4 weeks)
• Subscription status and history
• Payment method details for recurring billing (securely stored by our payment processor)

1.2 Information Collected Automatically

When you visit our website, we may automatically collect limited technical information:

• IP address
• Browser type and version
• Pages you visit on our site
• Date and time of your visit

2. How We Use Your Information

We use your information solely for the following purposes:

2.1 Order Fulfillment

• Processing and fulfilling your orders
• Coordinating delivery logistics
• Managing inventory based on your preferences

2.2 Customer Communication

• Sending order confirmations
• Providing delivery reminders and delivery details
• Notifying you of product availability
• Responding to your questions and support requests
• Sending subscription renewal reminders
• Notifying you of payment confirmations or payment failures
• Providing subscription management communications (pause, resume, cancellation confirmations)
• Sending educational content about your order and product usage tips
• Sending automated educational emails following your first purchase to help you use your products effectively

2.3 Business Operations

• Maintaining accurate business records
• Analyzing order patterns to improve our service
• Complying with legal and tax obligations

2.4 Subscription Processing

For customers who subscribe to recurring deliveries, we use your information to:

• Manage your subscription billing cycles (weekly, bi-weekly, or monthly/every 4 weeks)
• Process automatic subscription renewals
• Handle payment method updates and authorizations
• Manage subscription modifications (pause, resume, frequency changes)
• Process subscription cancellations
• Apply subscription discounts (20% off regular pricing)
• Calculate delivery charges based on post-discount totals
• Send renewal reminders and payment notifications

3. How We Share Your Information

3.1 Essential Service Providers

We share information only with service providers necessary to operate our business:

• Payment Processing: We use a secure payment processor to handle transactions. They receive only the information necessary to process your payment. For subscription customers, your payment method authorization is securely stored by our payment processor in compliance with PCI-DSS (Payment Card Industry Data Security Standard) requirements. We never store complete credit card numbers on our systems.
• SMS Communication Platform: We use GoHighLevel (LeadConnector) to send order confirmations and delivery reminders via text message. They process messages on our behalf under contract and do not use your information for their own purposes.
• Website Hosting: Our website hosting provider maintains the technical infrastructure for our site.

All service providers are contractually required to protect your information and use it only for the specific services they provide to us. We conduct due diligence on all third-party providers to ensure they maintain appropriate security measures.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Information sharing to subcontractors in support services, such as customer service, is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

3.2 Legal Requirements

We may disclose your information if required by law, court order, or government regulation, or to protect our legal rights and the safety of our customers.

3.3 Marketing and Analytics

We may use your information for our own marketing and analytics purposes, including:

• Retargeting and remarketing campaigns to show you relevant ads
• Social media advertising (Facebook, Instagram, etc.) to reach customers and potential customers
• Analytics and tracking tools to understand how customers use our website
• Email marketing to customers and subscribers (with ability to opt-out)
• Customer behavior analysis to improve our products and services

What We Do NOT Do:

• We do NOT sell your personal information to third-party data brokers
• We do NOT share your information for unrelated third-party marketing purposes
• We do NOT allow third parties to use your data for their own benefit

Additionally, SMS text messaging originator opt-in data, consent records, and mobile phone information collected for delivery coordination and order updates are never used for marketing, analytics, retargeting, or any purpose other than transactional order communications as described in Section 4 of this Privacy Policy.

You can opt out of marketing communications at any time by clicking unsubscribe in emails or replying STOP to text messages. You can also manage advertising preferences through your browser settings and ad platform controls (Facebook, Google, etc.).

3.4 Business Transfers and Succession

In the event of a merger, acquisition, reorganization, sale of assets, bankruptcy, or other business transition, we may transfer or share your personal information as part of that transaction. This includes:

• Sale or merger of Kenny Fresh Farms or Kenny Fresh Microgreens
• Sale or transfer of business assets, customer lists, or operations
• Corporate restructuring or reorganization
• Bankruptcy or insolvency proceedings
• Succession planning or transfer of business ownership

Your personal information may be disclosed to:

• Prospective buyers or merger partners during due diligence (under confidentiality agreements)
• Acquiring companies or successor entities as part of the transaction
• Legal, financial, and professional advisors facilitating the transaction

If such a transfer occurs:

• The acquiring party will be bound by the terms of this Privacy Policy (or provide you with notice of any changes)
• You will be notified via email, text message, or website notice prior to the transfer
• You will have the opportunity to opt out of the transfer (subject to legal limitations)
• Customer data will be transferred as part of business continuity to maintain service

We will take reasonable steps to ensure that any acquiring party:

• Maintains comparable privacy protections
• Uses your information only for purposes consistent with this policy
• Complies with applicable Canadian privacy laws (PIPEDA, CASL)

3.5 International Data Transfers

Some of our service providers store and process your personal information outside of Canada, primarily in the United States. This means your information may be subject to the laws of those jurisdictions.

Specifically:

• GoHighLevel (LeadConnector): Our customer relationship management and SMS platform stores data on servers located in the United States
• Payment Processor: Payment transaction data may be processed and stored in the United States
• Cloud Infrastructure: Some of our technical infrastructure may utilize US-based cloud services

What this means:

• Your data may be accessible to US law enforcement under the US CLOUD Act and other US laws
• US privacy laws differ from Canadian privacy laws (PIPEDA)
• We ensure all US-based providers maintain strong security practices and comply with applicable privacy frameworks
• Data is transferred only to service providers under contract who are required to protect your information

Your consent: By using our services, you consent to the transfer of your personal information to the United States for the purposes described in this Privacy Policy. We take reasonable steps to ensure that your information receives an adequate level of protection in the jurisdictions in which we process it.

If you have concerns about your data being stored or processed outside Canada, please contact us at [email protected] before placing an order.

4. Text Message (SMS) Communications

4.1 Types of Text Messages

We send transactional text messages to coordinate your orders and manage your subscription. These messages are sent from our registered Canadian phone number and include:

• Order confirmations within 24 hours of purchase
• Saturday delivery reminders sent Friday evening
• Delivery location and timing details
• Product availability notifications
• Responses to your customer service inquiries
• Subscription renewal reminders (for subscription customers)
• Payment confirmation and payment failure alerts (for subscription customers)
• Subscription management confirmations (pause, resume, cancellation)

4.2 Consent and Opt-Out

By providing your mobile phone number when placing an order, you consent to receive transactional text messages related to your orders. Consent to receive SMS messages is not required to make a purchase, but is necessary for effective delivery coordination and order updates.

Message frequency varies based on your order activity (typically 2-4 messages per order). Message and data rates may apply based on your mobile carrier plan. We are not responsible for charges from your mobile carrier.

You may opt out of text messages at any time by:

• Replying STOP to any text message from us
• Emailing us at [email protected]
• Calling us at 226-401-8385
• Contacting us in writing at our business address

After opting out, you will receive one final confirmation message. You may continue to receive messages strictly necessary to complete pending orders for up to 30 days after opt-out.

For help with text messages:

• Reply HELP to any message to receive support information
• Contact us directly at [email protected] or 226-401-8385

4.3 Supported Carriers

Our text messaging service is available on all major Canadian mobile carriers including Rogers, Bell, Telus, Freedom Mobile, and their respective subsidiary networks. Service availability may vary by carrier and geographic location.

4.4 CASL Compliance

Our text messaging practices comply with Canada's Anti-Spam Legislation (CASL) and regulations established by the Canadian Radio-television and Telecommunications Commission (CRTC).

Our transactional messages are exempt from CASL's consent requirement under section 6(6) as they facilitate, complete, or confirm commercial transactions you have agreed to enter. When you make a purchase from us, we establish an existing business relationship that permits us to send transactional messages for 24 months following your last order.

All text messages from Kenny Fresh Farms/Kenny Fresh Microgreens include:

• Clear identification of our business
• Our contact information
• Unsubscribe mechanism (reply STOP)

4.5 A2P 10DLC Registration

Our business and messaging campaigns are registered under the Application-to-Person (A2P) 10-Digit Long Code system as required by Canadian and U.S. telecommunications regulations. This registration ensures reliable message delivery and compliance with carrier requirements.

4.6 SMS Data Retention

We retain records of SMS communications for compliance and business purposes:

• Consent records (date, method, scope): Minimum 4 years
• Opt-out requests: Minimum 4 years
• Message delivery logs: Minimum 4 years
• Customer service message history: 2 years

These retention periods comply with telecommunications regulations and CASL requirements.

5. How We Protect Your Information

We implement reasonable technical, administrative, and physical safeguards to protect your personal information:

Technical Measures:

• Secure website connections using HTTPS/TLS encryption
• Encrypted data transmission for payment processing
• Secure storage of customer records
• Regular security updates and patches

Administrative Measures:

• Limited access to personal information (partnership owners only)
• Confidentiality agreements with service providers
• Regular review of security practices
• Employee training on privacy protection

Physical Measures:

• Secure storage of physical records at our business location
• Controlled access to business premises

While we implement reasonable security measures, no system is completely secure. We cannot guarantee absolute security of information transmitted over the Internet or stored electronically. In the event of a data breach affecting your personal information, we will notify you as required by applicable privacy laws.

6. How Long We Keep Your Information

We retain your information for different periods depending on its purpose and legal requirements:

Business Records:

• Order history and transaction records: 7 years (CRA requirement)
• Subscription history and billing records: 7 years (CRA requirement)
• Customer contact information: Duration of relationship plus 2 years
• Financial records: 7 years (tax and accounting purposes)
• Cancelled subscription data: 2 years after cancellation

Communication Records:

• SMS consent and opt-out records: Minimum 4 years (CRTC/CASL requirement)
• Message delivery logs: Minimum 4 years (telecommunications compliance)
• Customer service communications: 2 years
• Email correspondence: 2 years

Website Data:

• Website analytics: 13 months
• Cookie data: As specified in cookie policy (typically session or 13 months)

After these retention periods expire, we securely delete or anonymize your information. Information required for ongoing legal obligations (such as tax records) is retained for the legally mandated period.

7. Your Privacy Rights

Under Canadian privacy law (including PIPEDA), you have the following rights regarding your personal information:

• Right of Access: Request a copy of the personal information we hold about you
• Right to Correction: Request correction of inaccurate or incomplete information
• Right to Deletion: Request deletion of your information (subject to legal retention requirements)
• Right to Data Portability: Request your information in a structured, commonly used format
• Right to Opt-Out: Unsubscribe from SMS messages at any time
• Right to Withdraw Consent: Withdraw consent for non-essential communications
• Right to Lodge a Complaint: File a complaint with the Privacy Commissioner of Canada

To exercise these rights, contact us at [email protected] or 226-401-8385. We will respond to your request within 30 days. We may require verification of your identity before processing certain requests.

There is no cost for making a privacy request. In some cases, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive.

8. Cookies and Website Analytics

8.1 Essential Cookies

We use essential cookies necessary for our website to function properly. These cookies enable:

• Session management (maintaining your shopping cart)
• Security features (protecting against fraud and unauthorized access)
• Basic functionality (remembering your language or region preferences)

Essential cookies do not require consent under Canadian law as they are necessary for the service you have requested.

8.2 Analytics

We may use basic website analytics to understand how visitors use our site. This includes:

• Pages viewed and visit duration
• Geographic location (city/region level only)
• Device type and browser information
• Referral sources (how you found our website)

This information is aggregated and anonymized. It does not identify individual users.

8.3 Managing Cookies

You can control cookies through your browser settings. Most browsers allow you to refuse cookies or delete existing cookies. However, disabling essential cookies may affect website functionality and your ability to place orders.

9. Children's Privacy

Our services are intended for adults aged 18 and over. We do not knowingly collect personal information from anyone under 18 years of age. If you believe we have inadvertently collected information from a minor, please contact us immediately at [email protected] so we can delete it promptly.

10. Changes to This Privacy Policy

We may update this Privacy Policy occasionally to reflect changes in our practices, legal requirements, or for operational reasons. We will post the updated policy on our website with a new "Last Updated" date at the top of this document.

Material changes that significantly affect your rights or how we handle your information will be communicated to active customers via:

• Email to your registered email address
• Text message to your registered mobile number
• Prominent notice on our website

We encourage you to review this Privacy Policy periodically. Your continued use of our services after changes are posted constitutes acceptance of the updated policy.

11. Questions, Concerns, and Complaints

11.1 Contact Us

If you have questions about this Privacy Policy, wish to exercise your privacy rights, or have concerns about how we handle your information:

We will acknowledge receipt of your inquiry within 5 business days and provide a substantive response within 30 days.

11.2 File a Complaint

If you are not satisfied with our response to your privacy concern or complaint, you have the right to file a complaint with the federal privacy regulator:

You also have the right to pursue legal remedies under applicable privacy legislation if you believe your privacy rights have been violated.