Privacy Policy

Privacy Policy

 

Last Updated: 07/01/2020

 

Fresh Market LLC and its affiliates (“El Mercado Fresco” “we,” “us,” or “our”) are providing this privacy policy (“Privacy Policy”) so that you know what Personal Information we collect through our website or other online service we may operate (the “Services”), how that information is used, to whom it is disclosed, how it is safeguarded, and the choices you may have regarding the collection and use of such information. This Privacy Policy applies to Personal Information collected via the Services. You should also refer to any separate notices we provide that apply to sweepstakes, contests or other specific services we provide, as such notices may include information on additional policy practices or other terms.

 

We are based in the United States. When we obtain Personal Information about you, we may transfer, process, and store such Personal Information in the United States. By using the Services, you consent to the transfer to, and to the processing and storage of such Personal Information in the United States, which may be outside your country of residence and may have different data protection laws than those in the country in which you reside.

 

Please review this Privacy Policy carefully and, if you have any questions about it or our practices, please contact us as set forth in the Contact Us section below. By using or accessing the Services, you consent to and accept the terms set forth in this Privacy Policy.

 

Collection of Information

 

The term “Personal Information” when used in this Privacy Policy means, in each case, information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household.

 

Personal Information You Provide

 

We, or a service provider on our behalf, collect Personal Information about you via the information you voluntarily provide us when using or accessing the Services, including when you subscribe to our mailing list or mobile messaging programs, sign up to receive special offers or coupons, submit entry forms for our sweepstakes or contests, apply for a job through our career portal and communicate with us via the Contact Us form or other interactivity features of the Services. The types of Personal Information you provide differs based on how you choose to interact with us, but may include your name, age, address, phone number, email address, date of birth, information about the local El Mercado Fresco where you prefer to shop, demographic information, work history and qualification/training information and any other information you choose to provide.

 

Automatically Collected Information

 

We, or a service provider that operates the Services or any features therein, collects, stores, and processes Personal Information that is automatically collected when you use or access the Services. We (or such service providers) automatically collect Internet protocol (IP) address information (e.g., browser type and date/time stamp) when you access the Services. It is possible that we (or such service provider) would be able to identify you by a combination of your IP address and other information. Note that we, or a third party on our behalf (e.g., Google Analytics), may use “cookies'' technology when you use or access the Services. Cookies are small text files that store information such as your preferences and account settings on your computer’s hard drive. We may also use Facebook pixel tags (tiny graphics with a unique identifier that are placed in the code of a webpage) or other similar tracking technologies from third parties, with the Services.

 

Other Information

 

We may obtain information about you from other interactions you have with us outside of the Services, such as your in-store transaction history, customer service phone calls or in-store money transfer services. We may also obtain information about you from (i) third parties collecting such information on our behalf (e.g., via customer service surveys administered by Service Management Group or third-party grocery delivery and pick-up services with which we partner), (ii) other third parties(e.g., demographic marketing information, address verification, or mailing list information) or (iii) data we obtained from prior mergers or acquisitions. We may combine such information with other Personal Information pertaining to you that we collect from the Services.

 

Information Pertaining To Children

 

The Services are not directed to, and we do not intend to, or knowingly, collect Personal Information online from, children under the age of 13. If we learn or have reason to suspect that a user of the Services is under the age of 13, we will promptly delete any Personal Information obtained from that user.

 

Use of Personal Information

 

We, or our service providers on our behalf, may usePersonal Information for a variety of legitimate business purposes including:

 

Interacting with you when you contact us, including providing customer service and responding to your requests or inquiries.

Delivering our Weekly Ad, circulars or other updates (including through our mobile messaging programs).

Inviting you to participate in our market research surveys, focus groups, sweepstakes or contests.

Administering and managing any sweepstakes or contests in which you may enter.

Providing you with special offers, coupons or promotions and special events invitations.

Offering you opportunities to become a brand ambassador for El Mercado Fresco via social media, sign up for a potential future loyalty program or visit any e-commerce website we may operate.

Operating an online grocery delivery or pick-up service.

If you submitted your Personal Information in connection with a job application, evaluating the application and related materials you submit or that we are able to obtain, including for purposes of reference checking, in connection with making an employment decision.

Managing and improving the Services’ ongoing operation, including maintaining the security of the Services.

Tracking information about usage trends and user activities online over time and conducting analytics to improve the Services’ operation and services.

Serving you with advertisements that may be relevant to you and your interests.

Creating aggregated or anonymized information for analytical and statistical purposes.

Complying with applicable law or legal process (e.g., a search warrant, subpoena, or court order).

Verifying and validating your identity or otherwise detecting, preventing, investigating, or providing notice of fraud, unlawful or criminal activity, or activities that may violate our policies.

Enforcing our agreements and protecting or defending our rights.

Disclosure of Personal Information

 

We may disclose Personal Information described above to our affiliates and certain third parties (including regulatory bodies or service providers) under one or more of the circumstances described below:

 

As Required by Law – if we are required by applicable law to disclose the information;

 

As Authorized – if you request or authorize the disclosure of the information; and

 

To Service Providers– if we use service providers, such as(i) social media platforms (e.g., Facebook, Instagram, YouTube or Twitter) integrated into the Services, (ii) the online career portal (iii) analytics providers, (iv) sweepstakes or contest management platforms (e.g., ShortStack or International Scholarship and Tuition Services), (v) market researchers, (vi) email subscription management platforms and applications (e.g., Flipp or Mail Chimp), (vii) third-party data centers and storage providers (viii) other service providers engaged to perform services on our behalf (including web hosting and mobile messaging administration ).All Personal Information you provide to such service providers is subject to the privacy policy or notice of such service providers.

 

As Part of Certain Business Transfers – We may disclose Personal Information in connection with a corporate business transaction, such as a potential or consummated merger, acquisition, or joint venture, or for the financing or sale of our assets and could be transferred to another party as one of the business assets in such a transaction. It may also be disclosed in the event of insolvency, bankruptcy, or receivership.

 

As Permitted by Law – We may also disclose Personal Information in other circumstances, including to law enforcement or other government agencies, tax authorities, applicable regulators (or in response to requests from such parties), in the context of litigation or when we otherwise believe in good faith that such disclosure is necessary or appropriate in connection with any activity that violates law.

 

Security of Personal Information

 

We restrict access to Personal Information in our possession solely to those employees or affiliates of El Mercado Fresco who need to know that information to provide services to you and may disclose Personal Information to third parties as set out above. We require that these entities otherwise keep this information confidential, handle it in accordance with applicable law and implement appropriate technical and organizational measures to protect it.We maintain physical, electronic, and procedural safeguards that comply with applicable laws and regulations to guard Personal Information. The transmission of information via the Internet is not completely secure and we cannot guarantee the absolute security of our servers or databases or those of our service providers. Your use or access of the Services And any transmission of Personal Information through the Service Is at your own risk.

 

Your Rights

 

We process all Personal Information described above to the extent required by and in accordance with applicable law (including in accordance with any applicable time limits).

 

You may have certain rights in relation to such Personal Information, depending on where you live.

 

Residents of the State of California

 

The information in this section is directed only to those users that reside in California.

 

Under the California Consumer Privacy Act (Cal. Civ. Code § 1798.100 et seq.) (“CCPA”), if you are an individual who is a resident of California and whose Personal Information we collect and process, you may have certain legal rights with respect to such Personal Information. These include:

 

You have the right to request access to any of your Personal Information that we collect dating back one year before the access request is made. Specifically, you have the right to ask that we disclose:

(i) the categories of your Personal Information we have collected;

(ii) the categories of sources from which we collect your Personal Information;

(iii) the business or commercial purpose for collecting your Personal Information;

(iv) the categories of third parties with whom we share your Personal Information;

(v) the specific pieces of your Personal Information we have collected; and

(vi) if we disclose your Personal Information for a business purpose, a list of the categories of Personal Information we have disclosed in the prior 12 months.

· The right to request that we delete your Personal Information. We will not delete Personal Information if we need it in order to fulfill our obligations to you, to protect the security or functionality of our operations, to comply with legal and regulatory obligations, or for certain other reasons.

​

We do not sell Personal Information.

 

You may submit requests for access or deletion to us via the methods set forth in the Contact Us section below. We will respond to your requests within the applicable time periods and in the manner prescribed by the CCPA.

 

Only you, or a person registered with the California Secretary of State that is authorized by you to act on your behalf, may submit a request for access to, or deletion of, Personal Information.

 

We will not deny services, charge different prices, offer a different quality of service or otherwise discriminate against an individual for exercising the rights afforded to him or her under the CCPA.

 

Some browsers may transmit “do-not-track” (“DNT”) signals to mobile applications with which the user communicates. We currently do not change our tracking practices in response to DNT settings in your browser. We may have our third-party service providers, as discussed above, collect information about your online activities over time. These third parties may not change their tracking practices in response to DNT settings in your browser.

 

Residents of the State of Nevada

 

The information in this section is directed only to those users that reside in Nevada.

 

Under Nevada Revised Statutes Chapter 603A, individuals who are residents of Nevada and whose Personal Information we collect and process may have certain legal rights with respect to such Personal Information.

 

You may submit requests to review or correct any Personal Information That we have collected through the Services via the methods set forth in the Contact Us section below. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

 

Nevada residents who wish to exercise their right to opt-out of the sale of their Personal Information under Nevada Revised Statutes Chapter 603A may submit a request to the designated addresses set forth in the Contact Us section below. We do not, however, sell any Personal Information.

 

Retention

 

We endeavor to ensure that Personal Information is kept as current as possible and that irrelevant or excessive data is deleted or made anonymous as soon as reasonably practicable. We will retain Personal Information For as long as we determine is required to satisfy the purpose for which we, or a third party on our behalf, collected it or you provided it to us, subject to your right, under certain circumstances, to have certain of such Personal Information erased (see Your Rights above), unless a longer period is required under applicable law or is needed to resolve disputes or protect our legal rights subject to any statutory limitation. We may decide to retain somePersonal Information for varying time periods in order to comply with legal and regulatory obligations and for other legitimate business reasons.

 

Updates to this Privacy Policy

 

This Privacy Policy is subject to occasional revision.If we make any material changes in the way we use Personal Information, including if we intend to use Personal Information that we collected for one purpose for any other purpose not otherwise permitted by this Privacy Policy, we will either notify you of such changes via email and post the updated Privacy Policy on this page or, where required by law, we will obtain your express consent to use Personal Information for such other purpose. Changes to this Privacy Policy will be effective immediately upon posting. Your use of the Services after the posting of such changes will bind you to the Privacy Policy as so amended.

​

Text and SMS marketing

Data

We collect personal and activity data, which may be linked.
We use technologies like cookies (small files stored on your browser), web beacons, or unique device identifiers to identify your computer or device so we can deliver a better experience. Our systems also log information like your browser, operating system and IP address.

We also may collect personally identifiable information that you provide to us, such as your name, address, phone number or email address. With your permission, we may also access other personal information on your device, such as your phone book, calendar or messages, in order to provide services to you. If authorized by you, we may also access profile and other information from services like Facebook.

Our systems may associate this personal information with your activities in the course of providing service to you (such as pages you view or things you click on or search for).

We do not knowingly contact or collect personal information from children under 13. If you believe we have inadvertently collected such information, please contact us so we can promptly obtain parental consent or remove the information.

Location

We may collect and share anonymous location data.To customize our service for you, we and our partners may collect, use, and share precise location data, including the real-time geographic location of your computer or device. This location data is collected anonymously in a form that does not personally identify you and is-used only to provide and improve our service. We may obtain your consent on your first use of the service.

Access

You can request to see or delete your personal data. You can sign into your account to see or delete any personally identifiable information we have stored, such as your name, address, email or phone number. You can also contact us by email to request to see or delete this information.

Deletion

We may keep data indefinitely.

Sharing

We may share personal data with companies we trust.

We may share personally identifiable information (such as name, address, email or phone) with trusted partners in order to provide you with relevant advertising, offers or services.

California residents are legally entitled (at no charge and no more than once annually) to request information about how we may have shared your information with others for direct marketing purposes. Contact us for this information: knightsandy05@gmail.com.

Ad Tracking

Ad companies collect anonymous data. You can opt out.
Ad companies may use and collect anonymous data about your interests to customize content and advertising here and in other sites and applications. Interest and location data may be linked to your device, but is not linked to your identity.

Contact

You can ask privacy questions.
If you have any questions or concerns about our privacy policies, please contact us: knightsandy05@gmail.com.

Vendors

Service providers access data on our behalf.
In order to serve you, we may share your personal and anonymous information with other companies, including vendors and contractors. Their use of information is limited to these purposes, and subject to agreements that require them to keep the information confidential. Our vendors provide assurance that they take reasonable steps to safeguard the data they hold on our behalf, although data security cannot be guaranteed.

Analytics companies may access anonymous data (such as your IP address or device ID) to help us understand how our services are used. They use this data solely on our behalf. They do not share it except in aggregate form; no data is shared as to any individual user. Click to see company privacy policies that govern their use of data.

Vendors access data on our behalf.
In order to serve you, we may share your personal and anonymous information with other companies, including vendors and contractors. Their use of information is limited to these purposes, and subject to agreements that require them to keep the information confidential. Our vendors provide assurance that they take reasonable steps to safeguard the data they hold on our behalf, although data security cannot be guaranteed.

Analytics providers access data on our behalf.
Analytics companies may access anonymous data (such as your IP address or device ID) to help us understand how our services are used. They use this data solely on our behalf. They do not share it except in aggregate form; no data is shared as to any individual user. Click to see company privacy policies that govern their use of data.

Special

Special situations may require disclosure of your data.
To operate the service, we also may make identifiable and anonymous information available to third parties in these limited circumstances: (1) with your express consent, (2) when we have a good faith belief it is required by law, (3) when we have a good faith belief it is necessary to protect our rights or property, or (4) to any successor or purchaser in a merger, acquisition, liquidation, dissolution or sale of assets. Your consent will not be required for disclosure in these cases, but we will attempt to notify you, to the extent permitted by law to do so.

More

Our privacy policy may change from time to time.

 

Contact Us

 

If you have any questions, comments, requests or concerns about this Privacy Policy or other privacy-related matters, you may contact us at:

 

Fresh Market LLC

5117 Independence Ave

Kansas City, MO 64124

Email: info@ElMercadoFresco.com

Toll-free Number: (816) 800-4580

 

In connection with any privacy-related requests you submit to us in exercising rights to which you are entitled under applicable law, we will undertake steps to verify your identity. We may ask you to provide information that we have on file about you or, if the request is submitted in writing or electronically, we may contact you via another method (e.g., telephone) to verify your identity. We will only use Personal Information provided in a request to verify the requestor’s identity and authority to make the request and we will maintain a record of any such requests as required by law.