Privacy Policy

Last Updated: June 3, 2022

American Food & Vending Corporation (“AFV,” “Company,” “our,” “we,” or “us”) respects your privacy and is committed to protecting it as described in this Privacy Policy (the “Policy”). We take your privacy very seriously and want you to feel secure when visiting any of our websites or utilizing an application via our platforms at AFV, American Dining Creations, FRESH REWARDS® and FRESHREWARDS® Loyalty Program, and REFRESHSM Express (collectively, the “Services”). Specifically, our Services include the following websites: www.afvusa.com; www.adc-us.com; fresh-rewards.com; chowit.us and americraftcoffee.com (collectively, the “Websites”). The Services include the following application: the FRESH REWARDS® and FRESHREWARDS® mobile application (the “Application”) and our physical kiosk locations (“Kiosks”).

In order to provide you with relevant information, respond to your requests, and increase the benefits you receive from the Services, we sometimes request that you provide us with information about yourself. This Policy describes who we are and our practices for collecting, using, maintaining, protecting, and disclosing your personal data. It also describes your rights in relation to your personal data.

Please read this Policy carefully to understand our policies and practices regarding your information and how we use and treat it. By accessing and interacting with any of our Services through the Websites and/or Application or Kiosks, you agree to all of the terms in this Policy. This Policy may change from time to time. Any modifications will be effective immediately. You can determine when the Policy was last revised by referring to the “Last Updated” legend at the top of this page. Your continued use of the Services after we make such changes is deemed to be acceptance of those changes, so please regularly check the Policy for updates.

Please be aware that use of the Services is at all times subject to the AFV Terms of Use, which is available here.

  1. What Data We Collect and How We Collect It

Personal Data

We collect and may transmit personally identifiable information that you voluntarily provide to us through our Services.  Personally identifiable information that we collect and transmit may include, but will not be limited to: first and last name, company name, job title, mailing address, e-mail address, telephone number, billing information, transaction data, birth month and birth day, Biometric Data (defined below), geolocation information, purchase information, information contained in any e-mail or other communication you send to us, information you give to us in any other way (such as feedback or survey data) and any other identifier that permits us to identify or contact you (“Personal Data”).

This information may be collected through various portions of our Services. Some of the ways in which we may collect Personal Data from you include, but are not limited to, our:

  • Emails
  • Website Collection
  • The Application
  • The Kiosks
  • Information you provide when you apply for employment
  • Information you provide through interactions with our Services or with third parties we use to provide you Services

Usage Data

Data may be collected from you automatically when you access or interact with the Services. We may collect information about how you access and use the Services (“Usage Data”). Usage Data may include information such as your device’s Internet Protocol address (“IP address”), the type of browser or application you are using to access the Services, browser version, the operating system, the time and date of your visit, the pages of the Websites that you visit, the time spent on those pages, unique device identifiers, keystroke logging, and other diagnostic data.  We may also collect information regarding the device(s) you use to access or use the Services.

When you use the Services with a mobile device, we may collect certain information automatically, including, but not limited to: the type of mobile device you are using, your mobile device unique identifier, the IP address of your mobile device, your mobile device operating system, the type of mobile internet browser you are using, unique device information and other diagnostic data.

Employment Data

 

If you are an applicant, we may receive Personal Data about you that may include information you provide to us, information we generate as part of the recruiting and applications process, and information we receive about you from third parties. We use your Personal Data to recruit and evaluate potential candidates, to process and evaluate applications and make hiring decisions, to conduct background checks, to communicate with you and your references, and to comply with legal obligations. Your application and Personal Data may be collected and processed through our Websites. If we hire you, we may transfer Personal Data we collect in connection with the application and hiring process into our human resources systems, use it to manage the new-hire process, to incorporate it into your employee file, and to create your own administrative profile, if applicable, for hiring purposes.

We process Personal Data from you during the application process for the following purposes:

  • To identify potential candidates, process and evaluate applications, and make hiring decisions: We may collect and use your information, including Personal Data, to process your application, assess your capabilities and qualifications for a role, and make hiring decisions.
  • To conduct background checks: We may collect and use information, including Personal Data, while conducting reference checks and, if we offer you a position, while conducting background checks.
  • Compliance with applicable laws: We may collect and use your information, including Personal Data, to comply with our legal obligations under applicable law, and respond to legal requirements (statutes, regulations or court orders) and administrative or judicial processes, including a subpoena or search warrant.

Pre-Employment Background Check Information: In some situations, pre-employment background checks that collect information about an individual’s criminal history may be performed.  We will collect and maintain this information in compliance with applicable laws.

Tracking and Cookies Data

We use cookies or other tracking technologies to collect Usage Data and track how you use the Services. We may use cookies for statistical reporting for the Services and for other purposes relating to making our Services available to you. Cookies are small files that are placed on your computer, mobile device or any other devices by a website, containing the details of your browsing history on that website among its many uses.  We use cookies and similar tracking technologies to track activity on our Websites and Application and store certain information. Tracking technologies used may include beacons, tags, and scripts to collect and track information and to improve and analyze our Services and to provide customer service and chat functionality.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, some features of our Services may be unavailable to you.

We use the following cookies for the purposes set forth below:

  • Session Cookies: in order to operate our Services.
  • Preference Cookies: to remember your preferences and various settings
  • Security Cookies: for security purposes

Third Party Cookies

Our Websites or Application may be served by third-parties, including content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Websites. The information they collect may be associated with your Personal Data or they may collect information, including Personal Data, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

Some third parties we use on our Websites may include our website provider, Google Analytics and MarketingCloudFX.

  • Google Analytics is a web analytics website offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Services. This data is shared with other Google websites. Google may use the collected data to contextualize and personalize the ads of its own advertising network. Google Analytics collects and reports back to us certain analytics information that contains Personal Data. You can opt-out of making your activity on the Websites available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visit activity.
  • MarketingCloudFX is a web analytics website that is used to evaluate contact form quality on our Websites. Anything listed in the contact form, including Personal Data, is recorded as first party data through this analytics provider.

For more information on the privacy practices of Google and MarketingCloudFX, please visit each companies’ web page terms.

Biometric Data

We collect biometric data, which for purposes of this Policy may include individuals’ physiological characteristics that can be used, singly or in combination with each other or other Personal Data, to establish an individuals’ identity. AFV may collect finger minutia data at its physical locations, including its Kiosks (“Biometric Data”).  Biometric Data is voluntarily provided by customers at Kiosks where AFV accepts the biometric form of payment for products using our biometric recognition system. AFV uses this data to complete transactions for the customer at these physical locations. This Biometric Data is associated with the customer’s account with AFV.

Under no circumstance does AFV sell, lease, trade or otherwise profit from a customer’s voluntary submission of Biometric Data. Further, AFV will not disclose your Biometric Data unless allowed under applicable law.

  • Biometric Collection
    • Biometric Data is collected from customers using AFV’s biometric recognition system at its physical locations, such as the AFV Kiosks.
  • Biometric Transmission and Storage
    • Following collection at the Kiosk, the resulting Biometric Data is transmitted to AFV’s data center.
    • AFV requires that reasonable care be used for transmission of Biometric Data, including fingerprint data being hashed while at rest and in transit and not being shared with third party vendors. Fingerprint data is stored as an alphanumeric representation (i.e., tokenization) of the finger minutia data and not as an image of the fingerprint.
    • AFV provides secure transmission and storage for Biometric Data, using reasonable standards of care within AFV’s industry, and which are the same as the manner in which other confidential and sensitive information is transmitted and stored.
  • Biometric Destruction
    • You can elect to have your Biometric Data deleted at a Kiosk or cash register at any time or by contacting privacy@afvusa.com.
    • Your Biometric Data will be retained until you elect to remove your Biometric Data or until you have not made a purchase, with or without the use of the Biometric Data, in the previous twelve (12) months, whichever occurs first.
  1. What We Do With Your Personal Data

We may use your Personal Data for the following purposes:

  • To provide and maintain our Services, including to monitor the usage of our Websites, Application, and Kiosks.
  • For the performance of our Services to you, such as to process the payment of a product that you have purchased from us.
  • For performance of the Application and Kiosks.
  • To contact you by phone, email, text message, or other equivalent means of electronic communication regarding product updates.
  • To complete transactions with customers.
  • To provide you with news, special offers, and general information about us and our products unless you have opted not to receive such information. For example, with your permission we may send you emails about our store, new products, and other updates.
  • To manage your requests, such as to attend to and manage requests you direct to us.
  • To provide customer support.
  • To detect, prevent, and address technical issues.
  • To gather analysis and valuable information so that we can improve the Services we provide to you.
  • To process employment applications.
  1. Why We Collect Your Personal Data

Your Personal Data is collected for our business interests or those of our service providers as outlined below:

  • To allow the performance of Services we provide throughout our platforms.
  • To make sure we can keep in touch with you to provide these Services.
  • To allow us to be efficient so that we can deliver the best Services possible.
  • To prevent and detect criminal and/or fraudulent activity that would be damaging to you and/or us.
  • To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
  • To promote our business to new and existing customers.
  • For employment purposes.

We (and our service providers) may share your Personal Data with the following types of third parties:

  • With website providers: We may share your Personal Data with website providers to monitor and analyze the use of our Websites.
  • With service providers: We may share your Personal Data with service providers to help us deliver our Services to you.
  • For business transfers: We may share or transfer your Personal Data in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business by another company.
  • With affiliates: We may share your Personal Data with our affiliates.
  • With business partners: We may share your Personal Data with our business partners to offer you certain products, websites, or promotions.
  • With third party vendors: We may share your Personal Data with third party vendors to provide behavioral remarketing or advertising services.

Promotional Communications

We may use your Personal Data to connect you with newsletters, marketing or promotional materials and other information that may be of interest to you.  You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

  1. Disclosure of Your Personal Data

Law Enforcement

We may disclose your Personal Data if we are required by law to do so or in response to legitimate requests of public authorities (e.g., a court or government agency).

Disclosure Through Business Transfers

We may buy, merge, or partner with another company or business and in doing so acquire or transfer Personal Data.  Personal Data collected through the Websites, Application, or Kiosks may be among the transferred business assets.  In the event of an acquisition or merger, your Personal Data may be transferred so that we may continue to sell products to you.  In the course of such transaction your Personal Data would likely be considered a business asset, and, notwithstanding limitations imposed by applicable data privacy legislation, you hereby agree to such transfer.

Other Reasons for Disclosure

We may disclose your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend the rights of AFV, including to enforce or apply our Terms of Use.
  • Prevent or investigate possible wrongdoing in connection with the Services
  • Protect the personal safety of users of the Services or the public
  • Protect against legal liability
  1. Third-Party Services

In general, the third-party providers used by us will only collect, use and disclose your Personal Data to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies with respect to the information we are required to provide to them for your purchase-related transactions.  For these providers, we recommend that you read their privacy policies to learn about the manner in which your Personal Data will be handled by these providers.

In particular, certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, your Personal Data may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

Once you leave our Websites or Application and are redirected to a third-party website or application, including through the use of links as described below, you are no longer governed by this Policy or our Terms of Use. AFV is not responsible for, and expressly disclaims all liability of any kind whatsoever arising out of, in connection with, related to and/or resulting from any products, services, or information offered or provided by third-party service providers, or any of the activities of third-party service providers. AFV makes no warranty, express or implied, or guarantee regarding any third-party service providers, or any products, services or information offered or provided by third-party service providers, or any activities of third-party service providers.

  1. Links

The Services we provide may include links to third-party websites, plug-ins and applications.  Clicking on those links or enabling those connections may allow third parties to collect or share data about you.  AFV is not responsible for these third-party websites, plug-ins, applications, or their respective privacy statements, and AFV expressly disclaims all liability of any kind whatsoever arising out of, in connection with, related to and/or resulting from any products, services, or information offered, provided, or collected by third-party websites, or any activities of third-party websites. AFV is not responsible for your use of these third-party websites, plug-ins, or applications. AFV makes no warranty, express or implied, or any guarantee regarding any third-party websites, plug-ins, applications, or their respective privacy statements, or any products, activities, services or information offered, provided, or collected by third-party websites, plug-ins, or applications.  When you leave the Websites or Application, we encourage you to review the privacy policies of such third parties by visiting the links included within those separate websites, since their policies may differ from this Policy, and they may use information in ways other than those described in this Policy.

  1. Security

The security of your Personal Data is important to us but remember that no method of transmission over the Internet is 100% secure. To protect your Personal Data, we take commercially reasonable precautions and follow industry practices designed to protect your Personal Data from inappropriate loss, misuse, access, disclosure, alteration or destruction.  Even so, technical mistakes are possible. No company, including us, can fully eliminate security risks associated with the transmission of Personal Data over the Internet.

We restrict access to your Personal Data to our employees, service providers and third parties who need to know the information in order to process it on our behalf.  However, neither people nor security systems can be guaranteed, including encryption systems.  In addition, people can commit intentional crimes, make mistakes, or fail to follow policies.  Therefore, while we use commercially reasonable efforts to protect your Personal Data, we cannot guarantee its absolute security. If an applicable law imposes any non-disclaimable duty to protect your Personal Data, you agree that intentional misconduct will be the standard used to measure our compliance with this duty.

Passwords for FRESH REWARDS® and FRESHREWARDS® accounts are stored encrypted by AFV’s loyalty provider. Our loyalty provider also stores historical items, such as purchase details (for example, that a soda was purchased) for customers who are members of our FRESH REWARDS® and FRESHREWARDS® Loyalty Program.

Protecting your account login credentials (i.e., your username and password) from unauthorized access is your responsibility. Do not share your login credentials with any third party. We recommend that you log out after accessing your account, change your password on a periodic basis, and limit access to your computer or device and its browser.  While we use commercially reasonable security measures designed to prevent unauthorized persons from accessing our files or tampering with the Websites, we cannot guarantee that these efforts will always be successful. We do not represent, warrant, or guarantee that our safeguards will protect the privacy of your Personal Data disclosed on the Websites. Your Personal Data may be accessed and viewed by other Internet users without your knowledge or permission while in transit to or from us. We cannot and do not ensure, represent, warrant, or guarantee the security of any information you transmit, or we collect, through the Websites.

If you provide us with your credit card information, the information is stored by AFV’s credit card gateway provider using encryption technology. AFV does not store cardholder data in any of its systems. Customers can securely remove their credit card from the vault using the Application or web portal at any time.

Personal Data is protected by using industry standard administrative, technical and physical safeguards which are implemented, maintained, and monitored by AFV.

  1. Age of Consent

The Websites and Application are not intended for use by those under the age of 18, nor are they targeted to those under the age of 18. If you use the Websites and Application, you hereby represent and warrant that you are at least 18 years of age. No one under the age of 18 may provide any information to or on our Websites and Application.

We do not knowingly collect Personal Data from those under the age of 18 on our Websites or Application, nor do we knowingly sell or otherwise disclose the Personal Data of those under the age of 18. If you are under the age of 18, do not (i) use or provide any information on AFV’s Websites and Application or through any of its features, (ii) use any of the interactive or fillable features of the Websites or Application, or (iii) provide any information about yourself to us, including your name, address, telephone address, e-mail address or any other information that could be used to identify you. In compliance with the Children’s Online Privacy Protection Act, any information we receive on our Websites and Application from users we believe to be under the age of 18 will be purged from our database.

However, in the case that AFV has received a signed Biometric Parental Consent Form from the parent or legal guardian of a child to be registered in AFV’s Biometric Cashless Payment System via Kiosks, such data shall be obtained, processed, stored, and deleted pursuant to the terms of this Policy. Parental consent of such data collection may be withdrawn at any time, in which case the child’s data will be securely deleted by AFV.  Once a child reaches the age of 18, consent to the policy will be reaffirmed by the individual before further Biometric Data is used or collected.

  1. Contact Us

If you have questions regarding your Personal Data, please contact our Privacy Compliance Officer at privacy@afvusa.com or by mail at:

American Food & Vending Corporation
Attn: Privacy Compliance Officer
124 Metropolitan Park Drive

Syracuse, NY 13088