1. Overview
Frutiva LLC ("Frutiva," "we," "us," or "our") is a beverage mixer manufacturer headquartered in Austin, Texas. We operate the website located at frutiva.com and related digital properties (collectively, the "Site") to serve licensed beverage operators, hospitality professionals, and wholesale buyers across the United States.
This Privacy Policy explains what personal data we collect, why we collect it, how we use and protect it, and the choices available to you. By accessing or using our Site or purchasing our products, you agree to the practices described in this document.
This Policy is incorporated by reference into our Terms of Service and applies to all visitors, customers, and registered business accounts.
2. Information We Collect
2.1 Information You Provide Directly
We collect information you voluntarily submit when you:
- Complete our contact or wholesale inquiry form (name, business name, job title, email, phone number, city/state, message);
- Create a business account on the Site;
- Place a product order or request a quote;
- Subscribe to our email or SMS communications;
- Correspond with our sales or support team by email, phone, or any chat feature.
2.2 Information Collected Automatically
When you visit the Site, we automatically collect certain technical data through cookies, server logs, and similar technologies, including:
- IP address, browser type and version, operating system;
- Pages visited, time spent on each page, referral URL;
- Device identifiers and screen resolution;
- General geolocation data (city/region level).
2.3 Information from Third Parties
We may receive your business contact information from authorized data providers, industry directories, or trade show registries for the purpose of B2B outreach to qualified beverage operators.
3. How We Use Your Information
Frutiva uses collected information for the following purposes:
- Fulfilling orders and service requests — processing inquiries, quotes, and product shipments;
- B2B account management — creating and maintaining wholesale accounts and pricing tiers;
- Communication — responding to your inquiries and sending operational notifications by email, phone, or SMS where you have provided consent;
- Marketing — sending promotional communications about new products, seasonal launches, and trade promotions (you may opt out at any time);
- Site improvement — analyzing usage patterns to improve content, navigation, and user experience;
- Legal compliance — meeting our obligations under applicable federal, state, and local law, including the Texas Business & Commerce Code;
- Fraud prevention and security — detecting and preventing unauthorized access, fraudulent orders, or abuse of our Site.
4. Sharing & Disclosure
Frutiva does not sell, rent, or trade your personal information to third parties for their independent marketing purposes. We may share data in the following limited circumstances:
- Service providers: We share data with vetted vendors who perform services on our behalf (e.g., email marketing platforms, payment processors, CRM software, shipping carriers). These parties are contractually prohibited from using your data for their own purposes.
- Business transfers: In the event of a merger, acquisition, or sale of all or substantially all of our assets, your data may be transferred as part of that transaction, subject to confidentiality obligations.
- Legal obligations: We may disclose information if required by law, subpoena, court order, or other governmental authority, or if we believe disclosure is necessary to protect the safety of our users or the public.
- With your consent: We may share data for other purposes with your explicit consent.
5. Cookies & Tracking Technologies
We use first-party and third-party cookies and similar technologies to operate and improve the Site. These include:
- Essential cookies: Required for core Site functionality (e.g., session management, shopping cart);
- Analytics cookies: Tools such as Google Analytics 4 collect aggregated usage data to help us understand visitor behavior. Google's data use policies are available at policies.google.com;
- Marketing/advertising cookies: May be set by our partners to deliver relevant advertising on other platforms (e.g., Meta Pixel, Google Ads);
- Functional cookies: Remember your preferences (e.g., language, remembered forms).
You may disable non-essential cookies through your browser settings or a cookie consent management tool. Disabling essential cookies may impair Site functionality.
6. Data Retention
We retain your personal information for as long as necessary to fulfill the purposes described in this Policy, unless a longer retention period is required or permitted by law. Specifically:
- Customer account records are retained for the duration of your account and for up to seven (7) years after account closure for tax and legal compliance;
- Order and transaction records are retained for a minimum of seven (7) years per applicable Texas accounting and tax requirements;
- Marketing opt-in records are retained for as long as your consent is active plus three (3) years thereafter as proof of consent;
- Analytics data is retained in aggregated, anonymized form indefinitely.
When data is no longer needed, we securely delete or anonymize it.
7. Your Rights & Choices
7.1 General Rights
Regardless of your location, you have the right to:
- Request access to the personal information we hold about you;
- Request correction of inaccurate or outdated information;
- Request deletion of your personal information, subject to legal retention obligations;
- Opt out of marketing communications at any time by emailing legal@frutiva.com, clicking "unsubscribe" in any marketing email, or texting STOP to opt out of SMS messages.
7.2 California & Texas Residents
California residents may have additional rights under the California Consumer Privacy Act (CCPA/CPRA), including the right to know, delete, and opt out of the "sale" of personal information. Texas residents may have rights under the Texas Data Privacy and Security Act (TDPSA), which became effective July 1, 2024. To exercise any of these rights, contact us using the details in Section 12.
We will respond to verifiable consumer rights requests within 30 calendar days. We will not discriminate against you for exercising your privacy rights.
8. Security
Frutiva employs industry-standard administrative, physical, and technical safeguards to protect your personal information from unauthorized access, use, or disclosure. These include TLS/SSL encryption for data in transit, access controls and authentication for data at rest, and periodic security reviews of our third-party service providers.
Despite these measures, no transmission over the internet or electronic storage system is entirely secure. We cannot guarantee absolute security and encourage you to take precautions to protect your credentials and account information.
9. Children's Privacy
Our Site is intended exclusively for use by adults aged 21 years and older and licensed beverage industry professionals. We do not knowingly collect personal information from anyone under the age of 21. If we become aware that we have inadvertently collected data from a minor, we will delete such information promptly. If you believe a minor has submitted information to us, please contact legal@frutiva.com.
10. Third-Party Links
Our Site may contain links to third-party websites, including distributor portals, industry associations, and social media platforms. These sites operate under their own privacy policies. Frutiva is not responsible for the privacy practices or content of any third-party site. We encourage you to review the privacy policy of any site you visit.
11. Changes to This Policy
We may update this Privacy Policy from time to time to reflect changes in our practices, applicable law, or technology. When we make material changes, we will update the "Effective Date" at the top of this page and, if changes are significant, provide a more prominent notice (including, where appropriate, an email notification). Your continued use of the Site after the updated Policy is posted constitutes your acceptance of the revised terms.
12. Contact Us
If you have questions about this Privacy Policy, wish to exercise your data rights, or need to report a privacy concern, please contact us:
Frutiva LLC
Attn: Privacy Compliance
1234 Agave Blvd, Suite 200, Austin, TX 78701
Email: legal@frutiva.com