US State Privacy Law Notice

Effective Date: June 29th, 2023

This State Law Privacy Notice is included in our Privacy Policy and applies to you only to the extent that you are a resident of California, Colorado, or Virginia.

This U.S. state law privacy notice (“State Law Privacy Notice”) relates to Hungryroot’s processing of personal information and your rights under the California Consumer Privacy Act, including as amended by the California Privacy Rights Act (the “CCPA”), the Colorado Privacy Act, and the Virginia Consumer Data Protection Act (collectively, the “State Privacy Laws”). Any capitalized terms not defined herein shall have the meanings ascribed to them in our Privacy Policy or, if not defined therein, the State Privacy Laws. Where the State Privacy Laws use terms similar to the terms used herein (e.g., “personal data” instead of “personal information”), the term used herein shall also have the meaning under those laws. To the extent of any conflict between this State Law Privacy Notice and our Privacy Policy, this State Privacy Law Notice shall control only with respect to Consumers.

For additional information (or if you are not a resident of California, Colorado, or Virginia), please visit our general Privacy Policy available here.

  1. Categories of personal information that we collect

    In the past twelve (12) months, we may have collected the following categories of personal information from you:

    Personal Identifiers:
    Such as First and last name, alias, shipping and mailing address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, or other similar identifiers.
    Personal information under CA Code §1798.80(e):
    Such as First and last name, postal address, telephone number, payment card number and information related to your account, including card brand and expiration date. Personal information does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
    Commercial Information:
    Such as Products or services purchased from us, obtained, or considered, or other purchasing or consuming histories or tendencies.
    Financial Information (Information Described In CA Code §1798.80):
    Such as Payment card number and information related to your account, including card brand and expiration date.
    Internet or Network Activity:
    Such as IP address, device ID, and device settings (language preference, time zone), login information, browser type and version, browser plug-in types and versions, operating system and platform, information about your visit on our website or App, browsing history, search history, information collected via cookie or pixel about a consumer's interaction with our Site, App, or an advertisement.
    Geolocation Data:
    Such as City, state and ZIP code associated with your IP address.
    Inferences drawn from any of the categories of personal information listed above:
    Such as Profile reflecting a consumer’s dietary preferences and propensities.
    Sensitive personal information
    Such as Account log-in and password. We may also be deemed to collect sensitive personal information when you choose to submit specific dietary preferences or dietary restriction requests. The information is used to help personalize your subscription. These requests are optional and submitted directly by you through our online quiz so that we may suggest groceries and recipes that we think you’ll love.

    The business and commercial purposes for which we have processed the categories of personal information set forth above may include (other than as it relates to sensitive personal information, as set forth below):

    • Deliver our services and carry out obligations relating to your periodic renewing subscription with us. For example, when you sign up to receive groceries through our Services, you enter into a subscription with us to make these grocery deliveries on your behalf. We must process your personal information to fulfil your orders.
    • Provide, maintain, personalize, optimize, and improve the Services, including research and analytics regarding use of the Services, to provide a more personalized experience, or to remember you when you leave and return to the Services.
    • Deliver our newsletter to you, whether or not you are a customer.
    • Respond to your inquiries or requests for customer support.
    • Effectuate billing and payment for your purchase of the Services.
    • Conduct identification and authentication checks.
    • Contact prospective customers.
    • Conduct general research and aggregate reporting.
    • Collect, process, and retain your personal information where required by law (for example, to fulfill our regulatory obligations).
    • Provide you with more relevant content in marketing, promotional, or other communications to which you may be subscribed.
    • Detect, investigate, and prevent activities that may violate our policies or be fraudulent or illegal.
    • Provide you with relevant information about our products and services, including to help you learn about other services that we offer.

    We use your “sensitive personal information” for the limited purposes specified under the CCPA in a manner that does not require a corresponding opt-out right, such as for the provision of our Services in a manner reasonably expected by an average Hungryroot customer that requests or uses our Services. Data obtained through the short code program will not be shared with any third-parties for their marketing reasons/purposes.

    For information regarding the categories of third parties with whom we may disclose the categories of personal information set forth in this section, and for which business or commercial purposes we may disclose such information, please see here.

  2. Sources of personal information
    1. Your use of our Services;
    2. Our Site or App;
    3. Marketing, affiliate, and analytics partners; and
    4. Social media platforms.

    We may also combine your personal information from the Services with the categories of sources listed above.

  3. Data Retention

    We will retain personal information for as long as necessary to deliver the requested Services to you now or in future and for the purposes specified herein, unless a longer period is required or permitted by law.

  4. Your rights under State Privacy Laws
    1. Access:
      You may request access to the personal information that we collected and maintained about you (along with information regarding its use and disclosure), upon appropriate verification. Where we fulfil such requests, the information will be provided in a portable format.
    2. Deletion:
      You have the right to request that we delete personal information collected and maintained about you, subject to certain exceptions. Once your request is verified and we have determined that we are required to delete that information in accordance with applicable law, we will delete your personal information accordingly. Your request to delete your personal information may be denied if it is necessary for us to retain your information under one or more of the exceptions listed in the State Privacy Laws. Please note that a record of your deletion request may be kept pursuant to our legal obligations.
    3. Correction:
      You may ask us to correct information that is inaccurate or incomplete, or you may update and correct certain of your personal information through your Hungryroot account.
    4. The right to opt out of “sales” and “sharing”(and the processing of personal information for targeted advertising more generally):
      The State Privacy Laws generally define the term “sale” very broadly to include transfers of personal information for valuable or monetary consideration, which includes even types of advertising. For example, our disclosure of identifiers to our analytics partners for marketing purposes qualifies as a “sale.” Per this definition, we have sold the following categories of personal information in the past twelve (12) months:
      • Identifiers.
      • Internet or other electronic network activity.
      • Geolocation data.

      The State Privacy Laws generally define the term “share” to mean the transfer of a customer’s personal information by a business to a third party for cross-context behavioral advertising, including in situations where no money is exchanged between the parties. This also includes the processing of personal information for purposes of “targeted advertising,” as defined under applicable State Privacy Laws. Per this definition, we have shared the following categories of personal information in the past twelve (12) months:

      • Identifiers.
      • Internet or other electronic network activity.
      • Geolocation data.

      We have sold or shared such categories of personal information with the following third parties through tracking technologies such as cookies and pixels: our advertising partners, advertising networks, marketing partners, and data analytics providers, including social networks.

      You have the right to opt out of the “sale” and “sharing” of your personal information, as such terms are described above, including the processing of personal information for targeted advertising more generally. If you wish to opt out of these uses of your personal information, you may either submit a request to help@hungryroot.com, or complete our online form available here or when you click on the “Do Not Sell or Share My Personal Information” link available on our homepage.

      We do not have actual knowledge of “selling” or “sharing” personal information of those under sixteen (16) years of age.

  5. Appeals and Non-Discrimination

    You have a right to not receive discriminatory treatment for exercising your rights under the State Privacy Laws. Please note that we may not be able to provide you with certain of our Services if your having exercised certain of these rights limits our ability to process your personal information in certain contexts. In the event that we decline to fulfil a request to exercise one of the rights set forth above, Colorado and Virginia residents have the right to appeal our decision under their respective State Privacy Laws.

  6. Exercising Your Access Requests

    You can make an access, deletion, or correction request by contacting us at help@hungryroot.com and including “U.S. State Privacy Law Request” in the subject line.

    You may also change or correct your personal information at any time, such as your email address, phone number or payment card information.

    Please note that only you, or a person that you authorize to act on your behalf, may make a request related to your personal information. We must take measures to verify your identity before processing your request. We will ask you to provide sufficient information for verification purposes, such as previous order history of the person to whom the request relates, or information that confirms that an authorized agent is able to act on your behalf. We will use this information only to verify your request. We will also need to verify the authority of any person acting on your behalf.

  7. Notice of Financial Incentive
    1. Refer a friend:
      We provide a financial incentive to customers who refer their friends to our Services. If you provide a friend’s email address to Hungryroot via the referral link on our website, your friend will receive an email from us to sign up for a Hungryroot subscription. You’ll get $50 towards your next delivery when they sign up, and they’ll receive $50 off their first Hungryroot delivery. The categories of personal information that are implicated are your friend’s personal identifiers (specifically, their email address). You represent that you have the consent of any individual whose personal information you share with us in connection with opting in to this financial incentive, and that we may use such personal information in accordance with our Privacy Policy. Note that you may also opt in to the incentive program by navigating to your personal referral code in your Hungryroot account settings, under the tab “Give $50.” The referral code, if used by your friends, will give them each $50 off their first Hungryroot delivery, and you’ll get $50 towards your next delivery when they sign up. To opt in to this financial incentive, check the opt-in check box available in your Hungryroot account settings under the tab “Give $50”. You may withdraw your participation at any time by ceasing to provide your friends’ email addresses to us and foregoing the incentive. If you do not wish to participate, do not submit any referral information to us.
    2. 30% off your first order and free gift for life upon account creation:

      We also provide a financial incentive to individuals who create a new Hungryroot account and place a groceries plan order. If you sign up for a Hungryroot account through this promotion, you will receive 30% off the total amount of your fist order with a plan size of USD $99 or more, and a free gift included in every delivery you receive until you cancel your Hungryroot subscription. The categories of personal information that are implicated by this financial incentive are your personal identifiers and personal information under CA Code §1798.80(e) (specifically, your first and last name, alias (as applicable), shipping and mailing address, phone number, email address, and payment card number and related information). Please see additional material aspects of the financial incentive described here. You may withdraw your participation at any time by contacting us at help@hungryroot.com and foregoing the incentive. If you do not wish to participate, you do not need to create an account with Hungryroot or you may create an account with Hungryroot without opting in to the financial incentive.

    Your participation in any of our financial incentives is voluntary and you must affirmatively opt in to each program as described above. The monetary value of each financial incentive is our good-faith, reasonable approximation of the monetary value of the information you can choose to provide to us. This amount is an estimate taking into account the anticipated revenue we expect to generate from new customers and the expenses related to our offer of each financial incentive.

  8. “Shine the Light” Law

    If you are a resident of California, you may request information regarding the disclosure of your personal information to third parties for the recipients’ own direct marketing purposes. To make such a request, please contact us in accordance with the “Contact Us” section below.

  9. Changes to this State Law Privacy Notice

    Any changes we may make to this State Law Privacy Notice will be posted on this page and, where appropriate, you may be notified by e-mail or in the App. Please check back frequently on our Site to see any updates to this State Law Privacy Notice. Your continued use of our Services following the posting of any updates will mean that you accept the changes we have made.

  10. Contact Us

    If you have any questions or would like additional information about our privacy practices, please see our Privacy Policy or contact us at help@hungryroot.com.