Who are we?

49th Fresh is an online marketplace providing the best quality seafood for purchase and delivery.  This Privacy Policy outlines how we collect, use and process personal data.  We reserve the right, at our sole discretion, to revise and update any part of the Terms of Service, Services or Privacy Policy at any time.  You acknowledge that you are responsible for periodically checking our website for revisions and that your continued use of, or access to, the Services constitutes acceptance of the revised Terms of Service, Privacy Policy and updated Services. 

What personal data is collected and how it is used by us, including relevant third party companies:

We will use the personal data you provide to us, such as name, email, address, etc., to process and fulfill your orders in connection with our Services, including, but not limited to, requests to deliver products, receive email newsletters or other online and offline promotional offers and advertisements regarding our products and Services, personalizing our Services based on your interests and credit/debit card payment processing.  If you connect your social media accounts to your Account, you are authorizing these social media companies to share your information with us.

There are third party companies with whom we or you may share your data for legitimate business reasons in order to process your orders and payments, and provide important updates about your Account to you.  In some cases, your data may be stored for as long as you maintain an Account or request products or services be delivered to you.  We may also disclose your personal data in order to comply with certain laws or pursuant to court orders.

By providing personal data to us and/or utilizing our Services, you agree to your data being managed by us in accordance with our Terms of Service and this Privacy Policy.

California Consumer Privacy Act (“CCPA”)

If CCPA applies to you, then you have the right to know what personal data is collected, and whether it has been sold to, or shared with, other businesses, and more.

If you wish to exercise your rights under the CCPA, please contact us via email at support@49thFresh.com, with the subject line “CCPA Data Request” and provide the following:

• The name, email and address associated with your Account
• If you are an authorized agent (e.g. attorney) acting on behalf of another party, include written and signed proof of such authorization.

Please note that there are applicable limitations to CCPA Data Requests:

• We are not obligated to provide this information more than twice in a 12-month period to the same person.
• If we cannot verify your identity and authority to file the request, we will not be able to process the request. Therefore it is important that you provide complete and accurate information within your request, as outlined in the bulleted list above.

The Children’s Online Privacy Protection Act (“COPPA”)

COPPA requires parental consent be given prior to personal data being collected from children younger than age 13.  We do not knowingly collect personal data from children younger than age 13, and it is a violation of our Terms for anyone under the age of 18 to attempt to use, or use our Services.  If we discover that an Account may have been created or personal data collected from a child under age 13, we will endeavor to remove that data as soon as reasonably possible.  If you suspect that a child younger than age 13 may have provided us personal data, please contact us at support@49thFresh.com with the subject line “COPPA Data Request.”

You may delete your Account by utilizing online self-service features located on our website or by contacting us at support@49thFresh.com. In some cases, we may be unable to delete your account if we are obligated to comply with certain laws, legal obligations or court orders, such as informing you of a recall related to a product you purchased.