Privacy Policy
Effective Date: July 31, 2023
Welcome to Misfits Market and our family of brands, now including Imperfect Foods! We are committed to protecting and respecting your privacy. As used in this Privacy Policy, the terms “Misfits Market,” “we” and “us” refer to the Misfits Market family of companies, including Misfits Market, Inc., Imperfect Foods, Inc. (“Imperfect Foods”), and other affiliated entities under common ownership and control.
This Privacy Policy applies when you access and use our Website (as defined below), including when you register for an account, purchase our produce, packaged goods, other food and beverage items, merchandise, and any other items we offer for sale (collectively with and all related services and promotions, “Products”), request customer support, participate in contests, sweepstakes or promotions, or submit questions or feedback. This Privacy Policy also applies to Personal Information (as defined below) that we obtain when you communicate or interact with us outside of the Website, including by email, telephone, through our social media channels, and otherwise. This Privacy Policy explains the conditions under which Misfits Market collects, uses and discloses your Personal Information, and your rights in relation to that information.
We use the word “Website” in this Privacy Policy to refer to any and all websites owned or operated by Misfits Market (including the websites currently located at www.misfitsmarket.com, www.imperfectfoods.com, https://blog.misfitsmarket.com, and https://blog.imperfectfoods.com/), as well as our mobile applications, through which access to our Products are available. References to the “Website” include any and all related features, functionality, tools, and content. Our provision of the Website and sale and delivery of Products are collectively referred to herein as the “Services.”
Please read this Privacy Policy carefully to understand how we will treat your Personal Information before you start to use our Website or Services or communicate with us outside the Website. By accessing or using the Website or the Services or communicating with us outside the Website, you are agreeing to the practices described in this Privacy Policy, which may be updated and amended from time to time (as further described in the Changes to Our Privacy Policy section below). IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE OR SERVICES OR OTHERWISE COMMUNICATE WITH US.
If you are a California resident, you can view our California privacy disclosures by visiting Section 10 (Additional Privacy Information for California Residents).
This Privacy Policy contains the following sections:
As used in this Privacy Policy, “Personal Information” means any information that relates to or can be used to identify you. We collect Personal Information from the sources described below.
Information You Provide to Us
We collect Personal Information that you provide directly to us, including when you register for an account, initiate account sign-up, add Products to your cart, purchase Products, update your email or text messaging preferences, identify your food preferences, respond to a survey or provide other feedback about the Website or Service (including via a focus group, in person interview or survey conducted via a third party), communicate with us via email, telephone, text message, or chat, or otherwise contact us with questions or comments about the Website. The types of Personal Information you may provide in connection with use of the Service include:
Please do not provide us with sensitive information such as government identifiers, medical information, or financial information (except in connection to payments) in any communications with us (including via email, text message, feedback forms, or any other communication) unless such information is specifically requested by us.
Please note that all communications with us (including via telephone, email, chat, text message, and direct messages on social media) may be recorded and/or monitored.
Information Automatically Collected from Use of the Website
We also collect certain Personal Information when you access, browse, and use our Website, including information that we automatically receive and record from your browser or mobile platform, such as:
Some of the information we collect is generated using cookies and beacons. For more details about cookies, beacons, and your choices with respect to such technologies, see Cookies and Similar Technologies below.
Information from Other Sources
We may receive Personal Information about you from other sources, such as business partners, marketers, researchers, analysts, social network services, and other parties, to help us supplement our records and better understand our users.
We may also collect Personal Information about you from other Misfits Market users. For example, a Misfits Market user can use our referral program to tell a friend about our Services, providing the friend's name and email address in the process. Misfits Market users are responsible for obtaining any necessary consent from you before submitting your Personal Information to us.
We may also combine the Personal Information we collect with publicly available information or information we receive from other sources (“Combined Information”) and may use such Combined Information in accordance with this Privacy Policy.
We may use the Personal Information we collect for business and commercial purposes, including to:
In addition, we may use your information as described in any additional notice provided at the time you provide the information, and for any other purpose for which you may provide consent.
We may also de-identify, anonymize, or aggregate your Personal Information so that it can no longer reasonably identify you or your device, or we may collect information that is already in de-identified form. Our use and disclosure of de-identified information is not subject to any restrictions under this Privacy Policy, and we may use and disclose it to others for any purpose, including, without limitation, to improve our Services and for research and marketing purposes. For example, we may disclose de-identified information to:
We may disclose your Personal Information to:
We may use cookies, beacons, and similar technologies, now or in the future, to support the functionality of our Website. This provides a better experience when you visit our Website and allows us to improve our Website. Our service providers may use cookies and beacons to collect and disclose certain Personal Information about your activities both on our Website and on other websites. In addition, third parties that are unaffiliated with us may also collect information about you, including tracking your browsing history, when you use our Website. If you wish to minimize these third-party collections, you can adjust the settings of your browsers, install plug-ins and add-ins, or use the opt out mechanisms noted below. Examples of the types of technologies we use on the Website include:
Google, Inc. (“Google”) is one example of a partner of ours that uses cookies or similar technologies to collect information about your browsing activities over time and across different websites following your visit to our Website. Google Analytics is a web analytics service provided by Google that uses first-party cookies to track users' interactions and collect other information about how you use our Website. We then use the information to compile reports, including usage trends, to help us improve our Website. You can opt out of Google Analytics without affecting how you visit our Website. For more information on how Google collects and uses this data, go to www.google.com/policies/privacy/partners/, or review the Google Analytics Terms of Service at https://www.google.com/analytics/terms/us.html. For more information about opting out of being tracked by Google Analytics across all websites you use, please visit https://tools.google.com/dlpage/gaoptout/.
If you sign up for our text messaging program, cookies may be used to personalize your experience (e.g., send you personalized text messages such as shopping cart reminders).
We offer you certain choices in connection with the Personal Information we collect from you.
If you are resident of certain states in the U.S., you may also have the following rights regarding your Personal Information (each of which are subject to various exceptions and limitations):
General Rights
You (or an Authorized Agent acting on your behalf as detailed below) may exercise these rights by clicking here. If you have additional questions or need help exercising your rights, you can contact us by clicking here.
If you are a resident of certain U.S. states and we deny your request to exercise the rights described above in whole or in part, you may have the right to appeal our decision. If you are a resident of one of these states and you wish to make such a request, please contact us by clicking here.
Right to Opt-out of Targeted Advertising and Sale/Sharing of Personal Information
As we described in the Online Advertising Partners section above, we disclose your Personal Information with certain third-party partners that provide us with online advertising and related analytics services, as well as certain direct marketing services. In certain states, these activities may be considered the “sale” of Personal Information or the “sharing” or “processing” of Personal Information for purposes of online targeted advertising. If you would like to exercise your right to opt-out of online targeted advertising, as well as the sale of your Personal Information, please submit a request here. If you have additional questions or need help exercising your rights, you can contact us by clicking here.
Some browsers offer you the ability to opt out of cookie-based and other online tracking, which may be considered the “sale” of Personal Information or the “sharing” or “processing” of Personal Information for online targeted advertising. At this time, we endeavor to respond to browser-based opt-out signals sent through the Global Privacy Control: https://globalprivacycontrol.org/. We do not respond to “do not track” or other browser-based signals.
Please note that in order to exercise the rights described in this section, you will need to verify your identity to protect your security and Personal Information. Only you or someone legally authorized to act on your behalf (an “Authorized Agent”) may submit a request. If an Authorized Agent submits a request on your behalf, we may require written proof of authorization and verification of identity directly from you.
We will retain your Personal Information for as long as we reasonably consider it necessary or appropriate to achieve the purposes described in this Privacy Policy, or for as long as we are required or permitted to retain it under applicable law (including to satisfy our legal, accounting, or reporting obligations). To determine the appropriate retention period for Personal Information, we may consider factors such as the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of the Personal Information, the purposes for which we process the Personal Information, and applicable legal requirements.
The security of your information is important to us, and we have established administrative, technical, and physical safeguards designed to protect your Personal Information against unauthorized alteration, access, loss, theft, use, or disclosure. Unfortunately, no system can guarantee complete security of your information. As a result, Misfits Market cannot ensure or warrant that your information, including your Personal Information, is secure from unauthorized third parties. Thus, your use of the Website and communication with us about them is at your own risk.
You are responsible for protecting your password and for the security of information that you transmit to us over the Internet. If you have reason to believe that your interaction with the Website is no longer secure (for example, if you believe that the security of your username or password has been compromised), you must immediately notify us of the problem by contacting us.
Our Website is directed to and is intended to be used only by persons who are 18 years of age or older. We do not knowingly collect information from individuals under 18 and do not knowingly sell or share the Personal Information of anyone under the age of 18. If you are under 18 years of age, you are not permitted to register for an account or otherwise submit any Personal Information to us, including your name, address, or email address. If we discover that we have collected any Personal Information from an individual under the age of 18, we will suspend the associated account and remove that information from our database as soon as possible. By registering for an account or submitting any Personal Information to us, you represent and warrant that you are 18 years of age or older.
Our Website may contain links to third-party websites and services. Please note that these links are provided for your convenience and information, and the websites and services are owned and controlled by third parties, operate independently from us, and have their own privacy policies or notices, which we strongly suggest you review. This Privacy Policy applies to Misfits Market and our Website only. We do not accept any responsibility or liability for the policies or practices of any third parties, and we do not endorse, screen, or approve of, the terms or policies of websites or services that we do not own or control. The inclusion of a link on the Website does not imply Misfits Market's endorsement of the linked site or service. If you choose to access any websites or services linked from our Website, please check the applicable policies before you use or submit any personal data to such website or service.
If you are a California resident, the California Consumer Privacy Act, as amended (“CCPA”), requires us to provide you with the following additional information about: (1) the purposes for which we use each category of Personal Information we collect and (2) the categories of third parties to which we (a) disclose such Personal Information for a business purpose, (b) “share” such Personal Information for “cross-context behavioral advertising,” and/or (c) “sell” such Personal Information.
While we do not “sell” your Personal Information in exchange for money, the definitions of “sell” and “share” under California law are very broad and include many common business activities involving the transfer of data, such as certain types of online advertising and related analytics activities as further described in the Online Advertising Partners section above. Therefore, some of these activities may constitute “sharing” or “selling” Personal Information under California law. The following chart details these practices.
For more information about each category, purpose of use, and third parties to which we disclose or sell/share Personal Information, please see the sections entitled What Personal Information We Collect, How We Use Your Personal Information, and How We Disclose Your Personal Information above.
Your Choices Regarding “Sharing” And “Selling
As described in more detail in the Your Rights and Choices section of our Privacy Policy, you have the right to opt out of Misfits Market's sale/sharing of your Personal Information for purposes of online advertising, analytics, and related activities by clicking here.
Other CCPA Rights
Please see the Your Rights and Choices section of our Privacy Policy for information about the additional rights you have with respect to your Personal Information under California law and how to exercise them.
Please see the Data Retention section of our Privacy Policy for more information about Misfits Market's retention of your Personal Information.
The CCPA also allows you to limit the use or disclosure of your “sensitive personal information” (as defined in the CCPA) if your sensitive personal information is used for certain purposes. Please note that we do not use or disclose sensitive personal information other than for business purposes for which you cannot opt out under the CCPA.
Notice of Financial Incentives
Additionally, Misfits Market provides its customers with a loyalty program called Misfits Perks. All customers are automatically enrolled in Misfits Perks upon joining Misfits Market, and no additional Personal Information is collected or required in exchange for joining.
Shine the Light
If you are a resident of California, you can request a notice identifying the categories of personal information, as defined by California Civil Code Section 1798.83, we disclose to our affiliates and/or third parties for their direct marketing purposes and the contact information for such affiliates and/or third parties. Please submit a request by clicking here.
Misfits Market is a U.S. company. The Website is hosted in the United States and is subject to U.S. state and federal law. The Services are not intended for European Union or United Kingdom (“EU”) residents and are not intended to subject us to the laws or jurisdiction of any state, country, or territory other than those of the United States. If you provide us with Personal Information, you understand that your information may be collected and stored in the United States and other countries that may not or do not provide the same level of protection as the EU. If you are accessing our Website from other jurisdictions, please be advised that you are transferring your Personal Information to us in the United States, and by using our Website, you consent to that transfer and use of your Personal Information in accordance with this Privacy Policy. You also agree to abide by the applicable laws of applicable states and U.S. federal law concerning your use of the Website and your agreements with us. Any persons accessing our Website from any jurisdiction with laws or regulations governing the use of the Internet, including personal data collection, use and disclosure, different from those of the jurisdictions mentioned above may only use the Website in a manner lawful in their jurisdiction. If your use of the Website would be unlawful in your jurisdiction, you may not use the Website.
We occasionally review this Privacy Policy to make sure it complies with applicable laws and conforms to changes in our business. We may need to update this Privacy Policy, and we reserve the right to do so at any time. If we do revise this Privacy Policy, we will update the “Effective Date” at the top of this page so that you can tell if it has changed since your last visit. Your continued use of our Website and/or Services constitutes your acceptance of the terms of the Privacy Policy as amended or revised by us from time to time.
If you have questions or comments relating to this Privacy Policy, or if you would like us to update information we have about you or your preferences, please contact us by clicking here, or write to us at:
Misfits Market, Inc.
c/o Imperfect Foods, Inc.
16800 SE Evelyn St., Suite 140
Clackamas, OR 97015
Attention: General Counsel
