Privacy policy

PRIVACY POLICY

Flerish Hydration, Inc.

Effective Date: 9/26/25

Last Updated: 8/21/25

 

 

  1. INTRODUCTION AND SCOPE

This Privacy Policy ("Policy") governs the collection, use, disclosure, retention, and protection of personal information by Flerish Hydration, Inc., a Wyoming corporation ("Flerish," "Company," "we," "us," or "our"), in connection with your use of our website located at drinkflerish.com, your purchase of our non-alcoholic hydration beverages ("Products"), and any related customer interactions.

This Policy applies to all personal information collected through our business operations, whether collected online, offline, or through Third Party integrations. By accessing our website, purchasing our Products, or otherwise interacting with us, you acknowledge that you have read, understood, and agree to be bound by the terms of this Policy and consent to our collection, use, and disclosure of your personal information as described herein.

If you do not agree with this Policy, you must not access our website or purchase our Products.

  1. DEFINITIONS

For purposes of this Policy:

• "Personal Information" means information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household.

• "Processing" means any operation performed on personal information, including collection, recording, organization, structuring, storage, adaptation, retrieval, consultation, use, disclosure, dissemination, restriction, erasure, or destruction.

• "Third Party" means any individual or entity other than you or Flerish, including our service providers, business partners, shipping carriers, and other parties with whom we may share your personal information.

• "Platform" includes our website, e-commerce platform, customer service, marketing communications, and all related product sales and customer interactions.

  1. INFORMATION WE COLLECT

3.1 Personal Information You Provide Directly

We collect personal information that you voluntarily provide to us, including:

• Identity Information: Full legal name 

• Contact Information: Email address, phone number, mailing address, billing address, shipping address 

• Payment Information: Credit card details, billing information, payment method preferences (processed and stored by our payment processors) 

• Order Information: Products purchased, quantities, delivery preferences, special instructions 

• Communication Information: Information contained in communications you send to us, product reviews, survey responses, feedback, and customer service interactions 

• Marketing Preferences: Communication preferences, subscription settings, promotional interests 

• Age Verification: Confirmation that you are 18 years of age or older (where required for purchase completion)

3.2 Information Collected Automatically

When you visit our website, we automatically collect certain information about your device and usage patterns:

• Technical Information: IP address, browser type and version, operating system, device identifiers, screen resolution, time zone settings 

• Website Usage Information: Pages visited, time spent on pages, click-through rates, search terms, referral sources, access times and dates, shopping cart activity, abandoned cart information 

• Location Information: General geographic location based on IP address 

• Device Information: Device type, mobile carrier, hardware model, unique device identifiers

3.3 Cookies and Tracking Technologies

We use various tracking technologies on our website, including:

• Essential Cookies: Required for basic website functionality, shopping cart operation, security, and fraud prevention 

• Performance Cookies: Analytics tools (including Google Analytics when implemented) to understand visitor behavior and improve our website 

• Functional Cookies: Remember your preferences and provide enhanced shopping features 

• Marketing Cookies: Deliver targeted advertising about our Products and measure campaign effectiveness across platforms 

• Social Media Pixels: Track interactions with our social media advertising and content (Facebook, Instagram, etc.)

We will implement a cookie consent mechanism to provide clear notice and obtain consent where required by law before using non-essential cookies. You can manage cookie preferences through your browser settings or our cookie preference center.

You can manage cookie preferences through your browser settings. However, disabling certain cookies may limit your ability to use some features of our website or complete purchases.

3.4 Information from Third Parties

We may receive personal information about you from:

• E-commerce platform providers and payment processors who assist in our operations 

• Shipping carriers who provide delivery services 

• Public databases and commercially available sources 

• Social media platforms when you interact with our content 

• Data brokers and analytics providers (subject to their privacy policies) 

• Other customers who provide your information in connection with referral programs or gift purchases 

• Influencers, affiliates, and marketing partners in connection with promotional campaigns 

• Social media platforms when you engage with our advertising or promotional content

  1. HOW WE USE YOUR INFORMATION

4.1 Primary Business Purposes

We process your personal information for the following purposes:

• Order Processing: Fulfilling product orders, processing payments, arranging shipments, managing inventory 

• Customer Service: Providing customer support, processing returns and exchanges, handling product inquiries 

• Communication: Responding to inquiries, providing order updates, sending transactional communications related to purchases 

• Product Development: Analyzing purchase patterns, conducting market research, developing new products and flavors 

• Website Improvement: Analyzing usage patterns, optimizing the shopping experience, enhancing website functionality 

• Legal Compliance: Complying with applicable laws, regulations, court orders, and government requests

4.2 Marketing and Commercial Communications

With your explicit consent, we may use your information for:

• Email marketing campaigns and newsletters about our Products (CAN-SPAM Act compliant) 

• Personalized product recommendations based on purchase history 

• Promotional offers and discount notifications 

• Market research and customer satisfaction surveys regarding our Products 

• Social media advertising and retargeting campaigns 

• Influencer and affiliate marketing program communications

All marketing communications include clear identification of the sender, accurate subject lines, and easy opt-out mechanisms as required by federal law.

You may withdraw consent at any time through unsubscribe mechanisms or by contacting us directly.

4.3 Business Operations

We may process your information for legitimate business interests, including:

• Fraud prevention and payment security monitoring 

• Data analytics and business intelligence related to product sales 

• Corporate transactions (mergers, acquisitions, divestitures) 

• Internal auditing and compliance monitoring

  1. LEGAL BASIS FOR PROCESSING

Our processing of your personal information is based on one or more of the following legal grounds:

• Contract Performance: Processing necessary to fulfill our contractual obligations to deliver Products and provide customer service 

• Consent: Where you have provided specific, informed consent for marketing communications 

• Legitimate Interests: For our legitimate business interests in operating our product business, balanced against your privacy rights 

• Legal Obligation: Where processing is required by applicable law (tax records, consumer protection laws) 

• Vital Interests: Where processing is necessary to protect life or physical safety (product recalls, safety issues)

  1. GEOGRAPHIC SCOPE AND INTERNATIONAL CONSIDERATIONS

6.1 Current Operations

Our Products are currently sold and shipped only to customers within the United States. Your personal information is stored and processed within the United States on secure servers.

6.2 International Website Visitors

While our website is accessible globally, we currently sell and ship Products only to customers within the United States. If you access our website from outside the United States:

• We may collect certain information about your visit (as described in Section 3.2) 

• You cannot complete purchases or receive our Products 

• Different privacy laws may apply to your information based on your location

For visitors from outside the United States who do not purchase our Products, we provide basic privacy protections including transparency about information collection, ability to contact us with privacy questions, reasonable security measures, and limited retention of website visit information.

6.3 Future Expansion

Should we expand Product sales internationally, we will implement appropriate safeguards for international data transfers, enter into Standard Contractual Clauses or rely on adequacy decisions, comply with applicable international privacy laws, and update this Policy accordingly.

  1. HOW WE SHARE YOUR INFORMATION

7.1 Service Providers and Business Partners

We may share your personal information with trusted third parties who provide services essential to our product business:

• E-commerce Platform: Shopify (website hosting, order management, payment processing) 

• Payment Processing: Stripe, Shopify Payments (payment processing and fraud prevention) 

• Shipping and Logistics: FedEx, UPS, USPS, and other carriers (product delivery and tracking) 

• Email Marketing: Mailchimp, Klaviyo (email campaigns, customer engagement, analytics) 

• Analytics: Google Analytics and other analytics providers (website performance analysis) 

• Customer Service: Third-party customer support platforms and tools 

• Professional Services: Legal counsel, accountants, consultants (subject to professional confidentiality) 

• Advertising Partners: Social media platforms, advertising networks for marketing campaigns 

• Affiliate/Influencer Networks: Platforms managing promotional partnerships

All service providers are contractually bound to protect your information and may only use it to provide services to us. We conduct due diligence on all service providers and require appropriate data protection agreements.

7.2 Legal and Regulatory Disclosures

We may disclose your personal information when required by law or when we believe disclosure is necessary to:

• Comply with legal process, court orders, or government requests 

• Enforce our terms of sale or other agreements 

• Protect our rights, property, safety, or that of our customers or the public 

• Investigate fraud, security breaches, or other illegal activities 

• Respond to product liability claims or safety concerns 

• Comply with food and beverage industry regulations

7.3 Business Transfers

In connection with any merger, acquisition, asset sale, reorganization, or similar corporate transaction involving our product business, your personal information may be transferred to the acquiring entity. We will provide notice of such transfer and any resulting changes to this Policy.

7.4 Aggregated and De-identified Information

We may share aggregated, de-identified, or anonymized information that cannot reasonably identify you for business purposes, including market research, product development analytics, and business intelligence.

7.5 No Sale of Personal Information

We do not sell, rent, or lease your personal information to third parties for monetary consideration. Any sharing is limited to the purposes described in this Policy related to our product business operations.

  1. DATA SECURITY AND PROTECTION

8.1 Security Measures

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

• Technical Safeguards: Encryption in transit and at rest, secure protocols (HTTPS/TLS), access controls, regular security updates 

• Administrative Safeguards: Employee training, background checks, data access policies, incident response procedures 

• Physical Safeguards: Secure facilities, restricted access, environmental controls 

• Payment Security: Our payment processors maintain PCI DSS compliance for payment processing and use tokenization of payment data

8.2 Data Breach Response

In the event of a data breach that affects your personal information, we will:

• Contain and assess the breach within 24 hours of discovery 

• Notify affected customers within 72 hours where required by law 

• Notify relevant regulatory authorities as required 

• Provide detailed information about the breach and remediation steps 

• Offer appropriate remedies, including credit monitoring services if applicable

8.3 Limitations

While we implement industry-standard security measures, no method of transmission or storage is completely secure. We cannot guarantee absolute security of your personal information.

  1. DATA RETENTION AND DELETION

9.1 Retention Principles

We retain personal information only as long as necessary to fulfill the purposes outlined in this Policy, comply with legal obligations, resolve disputes, and enforce agreements.

9.2 Specific Retention Periods

• Order and Transaction Data: 7 years (tax and regulatory compliance) 

• Product Purchase History: 5 years (warranty, recalls, customer service) 

• Customer Service Records: 3 years from last interaction 

• Marketing Communications: Until you unsubscribe or request deletion 

• Communication Information: 3 years from last communication 

• Website Analytics: 26 months (Google Analytics default) 

• Technical and Device Information: 12 months from collection 

• Abandoned Cart Data: 30 days for recovery email purposes 

• Payment Information: Retained by payment processors per their policies 

• Product Safety Records: As required by FDA and other applicable federal regulations

9.3 Secure Deletion

When personal information is no longer needed, we securely delete or anonymize it using industry-standard methods to prevent unauthorized access or reconstruction.

  1. YOUR PRIVACY RIGHTS

10.1 General Rights

Depending on your jurisdiction, you may have the following rights regarding your personal information:

• Access: Request information about personal data we hold about you 

• Rectification: Request correction of inaccurate or incomplete personal information 

• Erasure: Request deletion of your personal information (subject to legal retention requirements) 

• Portability: Request a copy of your personal information in a structured, machine-readable format 

• Restriction: Request limitation of processing under certain circumstances 

• Objection: Object to processing based on legitimate interests or for marketing purposes

10.2 California Consumer Privacy Rights (CCPA/CPRA)

California residents have additional rights under the California Consumer Privacy Act and California Privacy Rights Act:

• Right to Know: Request detailed information about personal information collected, used, disclosed, or sold in the preceding 12 months 

• Right to Delete: Request deletion of personal information (subject to exceptions) 

• Right to Correct: Request correction of inaccurate personal information 

• Right to Opt-Out: Opt out of the sale or sharing of personal information (we do not currently sell personal information) 

• Right to Limit: Limit the use and disclosure of sensitive personal information 

• Right to Non-Discrimination: Equal service and pricing regardless of privacy rights exercise

10.3 Other State Privacy Rights

We comply with privacy laws in Virginia, Colorado, Connecticut, and other states that have enacted comprehensive privacy legislation.

10.4 Exercising Your Rights

To exercise your privacy rights:

• Email: privacy@drinkflerish.com 

• Mail:30 N Gould Street Suite N, Sheridan WY 82801

We will respond to verified requests within 30 days, or up to 45 days for complex requests. We may request additional information to verify your identity before processing requests, including government-issued identification or confirmation of recent purchase activity.

  1. CHILDREN'S PRIVACY

11.1 Age Restrictions

Our website and Products are intended for individuals 18 years of age or older. We do not knowingly collect personal information from individuals under 18, nor do we market our Products to minors. Age verification may be required during the purchase process to confirm eligibility.

11.2 Inadvertent Collection

If we discover that we have collected personal information from an individual under 18, we will:

• Delete the information immediately 

• Prevent completion of any pending transactions 

• Notify parents or guardians if required by law 

• Implement additional safeguards to prevent future inadvertent collection

  1. AUTOMATED DECISION-MAKING AND PROFILING

We may use automated processing, including profiling, for:

• Fraud prevention and payment security screening 

• Personalized product recommendations based on purchase history 

• Marketing campaign optimization and audience segmentation 

• Customer service routing and response prioritization 

• Abandoned cart recovery and re-engagement campaigns 

• Website optimization and user experience enhancement

We do not use artificial intelligence or machine learning for automated decision-making that would significantly affect you without human oversight. You have the right to request human review of any automated decisions.

  1. THIRD-PARTY WEBSITES AND INTEGRATIONS

Our website may contain links to Third Party websites or integrate with Third Party services (such as social media platforms or review sites). This Policy does not apply to such Third Parties. We recommend reviewing the privacy policies of any Third Party services you access.

  1. PRODUCT-SPECIFIC PRIVACY CONSIDERATIONS

14.1 Product Safety and Recalls

In the event of product safety issues or recalls, we may use your contact and purchase information to:

• Notify you of safety concerns or product recalls 

• Provide instructions for product returns or disposal 

• Comply with regulatory reporting requirements 

• Coordinate with health authorities if necessary

14.2 Nutritional Claims and FDA Compliance

We may collect and use information related to:

• Customer inquiries about nutritional content, ingredients, or health claims 

• Feedback about product effects or experiences (for regulatory compliance) 

• Adverse event reporting as required by FDA regulations 

• Product quality complaints and resolution tracking

Such information is handled with heightened security and retention controls and may be shared with regulatory authorities as required by law.

14.3 Biometric and Sensitive Data

We do not collect biometric identifiers (such as fingerprints, facial recognition data, or voice prints) or other sensitive personal information such as precise geolocation data, financial account information beyond payment processing, or health information.

Our marketing practices comply with applicable federal regulations:

• CAN-SPAM Act: All commercial emails include clear sender identification, truthful subject lines, and one-click unsubscribe options 

• FTC Guidelines: Any sponsored content, influencer partnerships, or affiliate relationships are clearly disclosed 

• Social Media Advertising: We comply with platform-specific advertising policies and provide required disclosures 

• Age-Gating: We implement age verification measures to ensure marketing reaches only individuals 18 years or older

14.5 Social Media Integration

Should we implement social media login capabilities or enhanced social media features in the future, we will collect only the minimum necessary information from your social media accounts (such as name and email address) and will provide clear notice about what information is accessed and how it will be used.

  1. SUBSCRIPTION AND AUTO-DELIVERY SERVICES

Should we offer subscription or auto-delivery services in the future, additional privacy considerations will apply:

  • Subscription preferences and delivery schedules

  • Payment method storage for recurring transactions

  • Usage patterns and consumption analytics

  • Subscription modification and cancellation tracking

We will update this Policy and provide specific notice before implementing such services.

  1. UPDATES TO THIS POLICY

16.1 Modification Rights

We reserve the right to modify this Policy at any time to reflect changes in our business practices, technology, legal requirements, or other factors.

16.2 Notice of Changes

For material changes, we will:

  • Update the "Last Updated" date

  • Provide prominent notice on our website

  • Send email notification to customers who have made purchases

  • Allow a reasonable period for review before changes take effect

16.3 Continued Use

Your continued use of our website or purchase of our Products after changes take effect constitutes acceptance of the revised Policy.

16.4 Force Majeure and Business Continuity

In the event of natural disasters, emergencies, cyber-attacks, or other circumstances beyond our reasonable control, we may need to implement alternative data processing procedures to maintain business operations and protect customer data. We will restore normal privacy practices as soon as reasonably possible and notify affected individuals if any significant changes to data handling occur.

  1. EMPLOYEE AND CONTRACTOR PRIVACY

This Policy primarily addresses customer and website visitor information. We maintain separate privacy practices for employee and contractor personal information in accordance with applicable employment and labor laws. Employees and contractors should refer to our internal privacy policies and employment documentation for information about workplace privacy practices.

  1. DISPUTE RESOLUTION AND GOVERNING LAW

18.1 Governing Law

This Policy is governed by the laws of the State of Wyoming, without regard to conflict of law principles.

18.2 Dispute Resolution

Any dispute arising from or relating to this Policy shall be resolved through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association, conducted in Wyoming.

18.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.

18.4 Limitation of Liability

To the maximum extent permitted by law, our liability for privacy-related claims is limited to direct damages not exceeding $100 or the amount you paid for our Products in the 12 months preceding the claim.

  1. CONTACT INFORMATION

19.1 Privacy Officer

For privacy-related inquiries, contact our designated Privacy Officer:

Flerish Hydration, Inc. 

Privacy Officer Email: privacy@drinkflerish.com 

Address: 30 N Gould Street, Suite N, Sheridan, WY, 82801

19.2 General Inquiries

For general questions about our Products or website:

Email: info@drinkflerish.com

19.3 Legal and Regulatory Inquiries

For legal and regulatory compliance questions:

Email: legal@drinkflerish.com

 

 

This Privacy Policy is effective as of the date listed above and supersedes all prior versions. By using our website or purchasing our Products, you acknowledge that you have read, understood, and agree to be bound by this Policy.

Last Reviewed: 9/26/25 

Document Version: 2.0