1. Introduction and Who We Are

Kenny Fresh Farms, operating as Kenny Fresh Microgreens, is a Canadian general partnership located in Paris, Ontario. We are committed to protecting your privacy and handling your personal information responsibly.

This Privacy Policy explains how we collect, use, share, and protect your personal information when you:

• Visit our website (kennyfreshmicrogreens.com)
• Place orders for microgreens
• Set up a regular standing order for recurring deliveries
• Communicate with us via email, phone, or text message

By using our services, you consent to the collection and use of your information as described in this Privacy Policy.

Business Information:

• Business Name: Kenny Fresh Farms (d/b/a Kenny Fresh Microgreens)
• Business Type: General Partnership
• Partners: Dave Kenny & Jacinda Kenny
• Business Number (BN): 737726364
• Address: 440 German School Road, Paris, Ontario, N3L 3E1
• Email: [email protected]
• Phone: 226-401-8385

2. What Information We Collect and How We Use It

We collect only the information necessary to provide our services, fulfill orders, and communicate with our customers. We do not collect unnecessary information, and we do not sell or rent your personal information to third parties.

2.1 Information You Provide to Us

When you place an order or set up a regular standing order with us, we collect only the information necessary to fulfill your order and communicate with you:

• Name (first and last)
• Mobile phone number (for order confirmations and delivery coordination)
• Email address (for order confirmations, delivery details, and customer support)
• Delivery address (street address, city, postal code)
• Payment information (processed securely by our payment processor; we do not store complete credit card numbers)
• Order details (products ordered, quantities, delivery dates, special requests)

2.2 Customer Communication Preferences

When you provide your contact information, you consent to receive:

• Order confirmations
• Delivery reminders and delivery details
• Product availability notifications
• Customer service responses
• Regular standing order renewal reminders (if you have a standing order)
• Payment confirmations and payment failure alerts (for standing order customers)
• Standing order management confirmations (pause, resume, cancellation)
• Educational content about your order and product usage tips
• Automated educational emails following your first purchase to help you use your products effectively

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 regular standing order renewal reminders
• Notifying you of payment confirmations or payment failures
• Providing standing order 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 Regular Standing Order Processing

For customers who set up regular standing orders for recurring deliveries, we use your information to:

• Manage your regular standing order billing cycles (weekly, bi-weekly, or monthly)
• Process automatic renewals of your standing order
• Handle payment method updates and authorizations
• Manage standing order modifications (pause, resume, frequency changes)
• Process standing order cancellations
• Apply standing order 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 regular standing order 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.

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 regular standing order customers (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

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. If such a transfer occurs, the acquiring entity will be required to use your personal information in accordance with this Privacy Policy. We will notify you of any such transfer via email or prominent notice on our website.

3.5 Cross-Border Data Transfer

Some of our service providers operate infrastructure or store data 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 regular standing order. 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
• Regular standing order renewal reminders (for standing order customers)
• Payment confirmation and payment failure alerts (for standing order customers)
• Standing order 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.

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
• Opt-out 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)
• Regular standing order 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 standing order 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: Opt out 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.