FreshDirect Privacy Statement

Click on one of the links below to jump to the listed section:

• Personal Information We Obtain
• How We Collect Your Personal Information
• How We Use the Personal Information We Obtain
• How We Disclose or Share Your Personal Information
• Interest-Based Advertising
• Your Choices
• Data Retention
• How We Protect Personal Information
• Cross-Border Data Transfers
• Children's Privacy
• Links to Third-Party Services and Features
• Updates to Our Privacy Statement
• How to Contact Us
• Additional U.S. State Privacy Rights

Personal Information We Obtain

This Privacy Policy applies to the personal information that we obtain in various contexts. We use the term “personal information” – also called “personal data” or “personally identifiable information” in the laws of some jurisdictions – to refer to information that reasonably identifies, relates to, describes, or can be associated with you. Data that has been deidentified or that otherwise cannot reasonably be related back to a specific person is not considered personal information.

Depending on how you use the Services, the types of personal information we or our third-party partners may obtain about you include:

• Contact information, such as name, telephone number, postal address, and email address;
• Account information, such as login information, account preferences and other account details;
• Payment information, including name, billing and delivery address, and payment card details;
• Transaction information, such as purchase history;
• Demographic information and interests, such as household income and shopping preferences;
• Professional or employment-related information, such as your job title, employer, employment history, or resumes and CVs.
• Geolocation or other information that permits us to determine your location;
• Device and online identifiers and related information, including internet protocol (IP) address, mobile ad identifiers, data collected from cookies, beacons, and pixel tags, and similar unique identifiers;
• Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with an internet website, application, mobile app, or advertisement and;
• Any other information that you voluntarily provide us.

How We Collect Your Personal Information

Personal Information You Provide

We collect personal information that you provide to us directly. This may include, but is not limited to:

• Information you provide when you contact us via email or through other Internet-enabled communications;
• Information you provide when you create a profile or account or subscribe to one of our Services;
• Your responses to surveys that you choose to complete for us;
• Information you provide when you enter a contest or other promotion sponsored by us;
• Details relating to transactions that you carry out through our Services, including any orders that you ask us to fulfill, and any delivery, payment, or other financial information you provide to us relating to such orders;
• Information you provide when you apply for employment with us;
• Your search queries on the Services;
• Any other information that you provide us on or through the Services.

Personal Information We Collect Automatically

When you visit our Services, open or click on emails we send you, or interact with our advertisements, we or third parties we work with may automatically collect certain information using technologies such as cookies, pixel tags, and other tracking technologies described below. These technologies help us: (1) remember your information so you do not have to re-enter it; (2) track and understand how you use and interact with the Services; (3) tailor and customize the Services around your preferences; (4) measure the usability of the Services and the effectiveness of our communications; (5) authenticate your identity, protect against fraud, and provide our products and services; (6) serve advertisements and marketing that are relevant to your interests; and (7) otherwise manage and enhance our Services, and help ensure they are working properly.

Cookies

"Cookies" are pieces of information that may be placed on your computer by a website for the purpose of collecting data to facilitate and enhance your communication and interaction with that website. Such data may include, for example, the address of the websites you visited before and after you visited our Services, the type of browser you are using, your Internet Protocol (IP) address, what pages in the Services you visited and what links you clicked on, the region where your device is located, and geographic information based on your IP data.

We may store some information on your device or device hard drive as a cookie or similar type of file (such as clear gifs, web beacons, tags, and similar technologies that work on mobile devices) to collect data related to usage of the Services. We use cookies for various purposes, including to customize your visit to the Services, to conduct analytics, to ensure that the Services function properly, to facilitate targeted advertising, and for other purposes to make your visit more convenient or to enable us to enhance the Services.

Tracking Pixels

We use tracking pixels to collect information from users of our Services. A tracking pixel is a transparent graphic image (the size of a 1x1 pixel on your device screen) that is placed on a webpage of our Services and, in combination with cookies, allows us to collect information regarding your use of that webpage.

We use tracking pixels to trigger ads on participating websites, and to tell us when an advertisement we run on another website or in an email has been clicked on. This information helps us evaluate which advertisements are more appealing to users.

Clickstream Data

As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as "clickstream data," can be collected and stored by a website's server. Clickstream data can tell us the type of computer and browsing software you use and the address of the website from which you linked to the Services.

We may collect and use clickstream data as a form of aggregate information to anonymously determine how much time visitors spend on each page of our Website or App, how visitors navigate throughout the Services, and how we may tailor our web pages to better meet the needs of visitors. This information will be used to improve our Services.

Analytics

We may work with third-party vendors who use the technologies described in this section to conduct website analytics to help us track and understand how visitors use our Services and other Services.

One such provider is Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help analyze how users use the Services. The information generated by these cookies about your use (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Services, compiling reports on activity for its staff, and providing other services relating to web page activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. You may refuse the use of cookies by selecting the appropriate settings in your browser. By using the Services and accepting cookies, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Please refer to the currently available opt-outs for Google Analytics by visiting https://tools.google.com/dlpage/gaoptout/. You may obtain additional information about Google Analytics by visiting the section titled "How Google uses information from sites or apps that use our services,” located at www.google.com/policies/privacy/partners/.

Social Media Platforms and Networks

If you interact with us on social media or use features, such as plugins, widgets, or other tools made available by social media platforms or networks (such as Pinterest, Facebook, TikTok, Instagram, Twitter, and YouTube) in connection with our Services, we may collect information that you share with us on social media or that such platforms share with us. Please review the privacy policies and settings of the social media platforms and networks that you use for more information about their privacy practices.

Session Replay Software

We employ session replay software, which is a digital playback tool that records and recreates your sessions, capturing clicks, scrolls, and keystrokes. We use this information to better understand user behavior, diagnose problems, and make improvements to our Services.

By using our Services, you understand that we or our third-party vendors may collect session information through session replay software. We use third-party session replay services provided by Contentsquare. To learn more about Contentsquare and its privacy practices, please visit https://contentsquare.com/privacy-policy/.

From Other Sources

We may obtain information about you from other sources, such as data analytics providers, marketing or advertising vendors, fraud prevention vendors, vendors that provide other services on our behalf, or publicly available sources.

How We Use the Information We Obtain

We may use the personal information we obtain to:

• Provide our products and services and manage your accounts;
• Process and fulfill orders, including payment transactions;
• Manage delivery services;
• Facilitate gift card purchases;
• Process your employment application;
• Communicate with you (including to send newsletters, emails or other marketing communications), respond to inquiries and offer customer support;
• Personalize your experience with our products and services and tailor our communications to you;
• Advertise and market our products and services;
• Offer coupons, promotions, or other discounts;
• Administer participation in surveys, sweepstakes, promotions, or other programs;
• Perform analytics and market, trend, or statistical research;
• Compile, anonymize, or aggregate personal data for our business purposes;
• Operate, evaluate, and improve our business (including improving the Services; improving and developing new products and services; improving and analyzing our products and services; managing our communications; and performing accounting, auditing, and other internal functions);
• Maintain and enhance the safety and security of our products and services, prevent misuse and troubleshoot technical issues, including by detecting, preventing, and addressing technical issues and misuse of the services;
• Verify your identity and protect against theft, fraud, and other criminal activity, claims and other liabilities;
• Exercise our rights and remedies and defend against legal claims and resolve disputes;
• Comply with and enforce applicable legal requirements, relevant industry standards and FreshDirect policies, including the program's Terms & Conditions;
• Act in connection with a sale, assignment, merger, reorganization, liquidation, financing, or other corporate transaction relating to all or part of our business and;
• For any additional purposes for which we provide specific notice at the time of collection.

We reserve the right to supplement your personal information with information we gather from other sources which may include online and offline sources.

We may collect information that is not personal information (“non-personal information”), including anonymous or aggregate data, or information lawfully made available from federal, state, or local government records. Because non-personal information does not personally identify you, we may collect, use, and disclose such information for any purpose permitted by law.

In some instances, we may combine non-personal Information with personal information. If we combine any non-personal information with personal information, the combined information will be treated by us as personal information to the extent that it is capable of personally identifying you.

We reserve the right to develop and derive aggregate data (meaning information that relates to a group or category of individuals, from which individual identities have been removed) from personal information in order to enhance and maintain the Services, and such aggregate data will be treated as non-personal information.

How We Disclose or Share Your Personal Information

In addition to using your personal information ourselves for the reasons stated above (and as otherwise mentioned in this Privacy Statement), we may disclose your personal information to other affiliates and entities in the following instances:

Service Providers

We may share your personal information with third-party service providers who may use your information to provide us with services including, but not limited to: website hosting, certain data analytics services, infrastructure provision, information technology services, customer support, email delivery services, administration of promotions and rewards, payment processing, auditing, and anti-fraud monitoring.

These service providers may have access to personal information that is necessary to perform their functions, but they are only permitted to do so in connection with performing services for us. They are not authorized by us to use the information for their own benefit.

Corporate Affiliates

We may share personal information with our corporate affiliates and subsidiaries, who process personal information on our behalf, where necessary to provide a product or service that you have requested, or in other circumstances with your consent or as permitted or required by law.

Business and Advertising Partners

We may share your personal information with third parties who partner with us to promote products and services, provide marketing and advertisements, conduct data analytics, or use the data for other commercial purposes. We do not control how these third parties use and share your personal information once they receive it. You will need to contact such third parties directly for information about their privacy practices or to exercise any rights you may have (including if you would like to opt-out of marketing messages).

Legal Compliance and to Defend Our Rights

We may disclose personal information and other information as we believe necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our Terms & Conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

Business Transfers

We may share your personal information and other information with third parties in connection with a sale, merger, divestiture, restructuring, reorganization, dissolution, financing, or other corporate transaction involving FreshDirect, in which the assets transferred may include information about the users of our Services.

Non-Personal Information

We may share non-personal information with unaffiliated third parties, such as business and advertising partners, manufacturers, distributors, and retailers, to improve and enhance your experience using the Services, and for our own market research activities. We publicly commit to maintain and use the information in de-identified or aggregate form, and not to attempt to re-identify the information.

Please note that if you specifically consent to additional uses of your personal information, we may use your personal information in a manner consistent with that consent.

Interest-Based Advertising

We may ourselves, or with third-party vendors, use your information to deliver targeted advertising to you when you visit our Services or other websites. Cookies, clickstream data, and other similar technologies may be used in this process. For example, if you are searching for information on a particular product, we or our vendor may cause an advertisement to appear on other websites you view with information on that product. This form of advertising, sometimes called “targeted advertising,” “behavioral advertising,” or “cross-context behavioral advertising,” enables us and our vendors to know about your interests in connection with the delivery of a specific ad. We believe that such advertising is helpful because it allows you to see advertisements that are relevant to your interests.

If you would like to opt out of these interest-based advertisements, please follow the opt-out process described in the section titled Your Choices below.

Additionally, we may use your information to help us, or our third-party vendors, determine if you have interacted with our Services across multiple devices and to match such devices. To accomplish this, we may rely on information (including demographic, geographic and interest-based data) from third parties such as data vendors, pursuant to their own privacy policies, or we may use information we collect in conjunction with such third-party data. Based on this data, we may then display targeted advertisements across devices that we believe are associated with each other, and may further provide services to our advertisers to better enable cross-device targeting and analysis.

To opt-out of or restrict our use of certain cross-device data, please see the section titled Your Choices below.

Your Choices

Consistent with applicable law, you may exercise the choices described in this section regarding your personal information and communications from us. You may also have certain additional rights available depending on laws in your state or country of residence, as described further below in this Privacy Statement.

Opting Out of Messages or Services

We may send you marketing messages via email and SMS. If you receive a marketing message from us, you may unsubscribe from future messages in accordance with our standard unsubscribe process (such as by using the unsubscribe link included in an email or texting “STOP”), or by sending an unsubscribe request to us at service@freshdirect.com. We will process your request within a reasonable time after receipt. Please note that if you opt out in this manner, certain aspects of our Services may no longer be available to you.

Cookies and Tracking Technologies

If you would like to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies, you may not be able to access certain areas or features of our Properties or some of its functionality may be affected.

Note that cookie-based opt-outs must be performed on each device and browser that you wish to have opted out. For example, if you have opted out on your device browser, that opt-out will not be effective on your mobile device. Be advised that cookie-based opt-outs are not effective on some mobile services.

Some browsers have a Do Not Track (“DNT”) feature that lets users signal to websites that they do not want to have their online activities tracked. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers. However, if you are a resident of Connecticut, Delaware, or New Jersey, we treat certain opt-out preference signals as a means of opting out of the sale of personal information and/or of opting out of the processing of personal information for targeted advertising, as applicable. Please see the section titled Additional U.S. State Privacy Rights below for more information.

Interest-Based Advertising

You may opt out of receiving targeted ads from certain data and advertising partners that participate in certain industry self-regulatory programs. The DAA provides a website at www.aboutads.info/consumers with information about how to opt out of targeted advertising from some or all of the DAA’s participating companies. Additionally, the Network Advertising Initiative (“NAI”) offers a website at http://optout.networkadvertising.org/ where you can opt out of interest-based advertising from some or all of the NAI’s members.

Please note that by opting out, you will continue to see generic advertising that is not tailored to your specific interests and activities.

In the event that we perform cross-device matching (as described above), once you have opted out on one device (“Opted-Out Device”), we will not use any new data from the Opted-Out Device to identify you on another device for interest-based advertising purposes, and we will not use data from another device for interest-based advertising purposes on the Opted-Out Device.

For targeted advertisements delivered through mobile apps, users may opt out of certain ads or reset advertising identifiers via their device settings. To learn how to limit ad tracking or to reset the advertising identifier on your iOS and Android device, visit the following links:

• iOS - https://support.apple.com/en-us/HT202074
• Android - https://support.google.com/ads/answer/2662922?hl=en

You can also install the DAA’s AppChoices app on your device to opt out of targeted advertising by certain providers, and to select system-level advertising preferences on your device (such as “Limit Ad Tracking” on Apple devices, or “Opt-out of Interest-based ads” on Android devices).

Finally, to learn more from the NAI about how to opt out of targeted advertising on mobile devices, you can also visit the following link: https://thenai.org/opt-out/mobile-opt-out/.

How We Protect Personal Information

We maintain administrative, technical and physical safeguards designed to protect personal information against accidental, unlawful or unauthorized access, destruction, loss, alteration, disclosure or use. However, no method of safeguarding information is completely secure, and we cannot guarantee that our safeguards will be effective or sufficient.

If you have reason to believe that your interaction with us is no longer secure, please immediately notify us of the problem by using the information the section below titled How to Contact Us .

Cross-Border Data Transfers

Our services are only intended for use by residents of the United States. If you submit personal information to us, that information may be processed in a jurisdiction where privacy laws may be less stringent than those in your country of residence. By submitting your personal information to us, you agree to the transfer, storage, and processing of such information in foreign jurisdictions including, but not limited to, the United States.

Be advised that we may be required to disclose your personal information in response to lawful requests by public authorities in the United States, including to meet national security or law enforcement requirements.

Children's Privacy

The Services are designed for a general audience and are not directed to children. In connection with the Services, we do not knowingly solicit or collect personal information from children under the age of 18 without parental consent. If we learn that we have collected personal information from a child under age 18 without parental consent, we will either seek parental consent or promptly delete that information. If you believe that a child under age 18 may have provided us with personal information without parental consent, please contact us as specified in the How To Contact Us section of this Privacy Statement.

Links to Third-Party Services and Features

For your convenience and information, the Services may provide links to other online services (such as websites or social media platforms), and may include third-party features such as apps, tools, widgets, and plug-ins. These online services and third-party features may operate independently from us. The privacy practices of the relevant third parties, including details on the information they may collect about you, are subject to the privacy statements of these parties, which we strongly suggest you review. To the extent any linked online services or third-party features are not owned or controlled by FreshDirect, we are not responsible for these third parties' information practices.

The Services may also integrate with social media services. We do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our Services, we are doing so merely as an accommodation and, like you, are relying upon those third-party services to operate properly and fairly.

You should be aware that any personal information which you voluntarily include and transmit online in a publicly accessible blog, forum, social network, or otherwise may be viewed and used by others. By using such features, you assume the risk that the personal information provided by you may be viewed and used by third parties.

Updates to Our Privacy Statement

We may update this Privacy Statement from time to time to reflect changes in our personal information practices, provided that any such modifications will only be applied prospectively. We will indicate at the top of this Privacy Statement when it was most recently updated.

We encourage you to periodically review the Website and App for the latest information on our privacy practices.

Your continued use of the Services following the posting of any changes to this Privacy Statement means you accept such changes.

How to Contact Us

You can update your preferences, ask us to remove your information from our mailing lists, submit a request, or ask us questions about this Privacy Statement by emailing us at service@freshdirect.com, calling us at 1-866-511-1240, or writing to us at:

Fresh Direct, LLC
2 St. Anns Ave.
Bronx, NY 10454
Attention: Customer Service

Additional U.S. State Privacy Rights

If you are a resident of Connecticut, Delaware, New Jersey, or another U.S. state that has similar comprehensive privacy legislation (collectively, “Covered States”), you may have specific rights regarding your personal information under: the Connecticut Data Privacy Act, Delaware Personal Data Privacy Act, New Jersey Data Privacy Act, and similar laws in other U.S. states (collectively, "State Privacy Laws"). This section describes the rights that consumers of Covered States have and explains how to exercise those rights.

To be clear, these rights are granted only to the extent that you are considered a consumer of Covered State and we are acting as a “controller” under State Privacy Laws with respect to your personal information.

The categories of personal information we process, our purposes for processing your personal information, the categories of personal information that we share with third parties, and the categories of third parties with whom we share it are set forth in the terms of the Privacy Statement above.

Information We Collect; How We Collect It; How We Use It

We disclose the following categories of personal information for business or commercial purposes to the categories of recipients listed below:

• Contact information – We may disclose this information to service providers who perform business services for us subject to a written agreement; and third parties, such as advertising networks, data analytics vendors, and social media networks.
• Account information – We may disclose this information to service providers who perform business services for us subject to a written agreement; and third parties, such as advertising networks, data analytics vendors, and social media networks.
• Payment information, including name, billing and delivery address, and payment card details – We may disclose this information to service providers who perform business services for us subject to a written agreement.
• Transaction information – We may disclose this information to service providers who perform business services for us subject to a written agreement; and third parties, such as advertising networks, data analytics vendors, and social media networks.
• Demographic information and interests – We do not disclose this information.
• Professional or employment-related information – We may disclose this information to service providers who perform business services for us.
• Geolocation – We may disclose this information to service providers who perform business services for us subject to a written agreement; and third parties, such as advertising networks, data analytics vendors, and social media networks.
• Device and online identifiers and related information – We may disclose this information to service providers who perform business services for us subject to a written agreement; and third parties, such as advertising networks, data analytics vendors, and social media networks.
• Internet or other electronic network activity information – We may disclose this information to service providers who perform business services for us subject to a written agreement; and third parties, such as advertising networks, data analytics vendors, and social media networks.

We do not collect any sensitive personal information from you within the scope of State Privacy Laws.

Rights to Your Information

In addition to the rights set forth in our Privacy Statement, State Privacy Laws may, depending on your state of residence, provide you with the following rights:

• Right to know. You may have the right to know whether we process your personal information and to access such personal information. You may also have the right to request that we disclose certain information to you about our collection, use, or disclosure of your personal information. Delaware residents have the right to obtain a list of the categories of third parties to which we have disclosed personal information.

• Right to data portability. You may have the right to obtain a copy of your personal information that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another business without hindrance, where the processing is carried out by automated means.

• Right to delete. You may have the right to delete personal information that you have provided by or that we have obtained about you. Please note that we may deny such request if the requested deletion falls under an exception as set forth in the State Privacy Laws.

• Right to correct. You may have the right to correct inaccuracies in your personal information, taking into account the nature of the personal information and the purposes for which we process it.

• Right to opt out. You have the right to opt out of the processing of your personal information for purposes of: (i) targeted advertising; (ii) the sale of personal information; or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. As of the latest date of the Privacy Policy we process personal information or share it with third parties for the purposes of targeted advertising, and State Privacy Laws consider this to constitute a “sale” of personal information. However, we do not engage in profiling decisions based on your personal information that produce legal or similarly significant effects concerning you. For residents of Connecticut, Delaware, and New Jersey, we will also treat opt-out preference signals as valid opt-out requests. To our knowledge, we do not sell or share the personal information of minors under 18 years of age.

• Right to nondiscrimination. You have the right not to receive discriminatory treatment by us for the exercise of your privacy rights. Unless permitted by the State Privacy Laws, we will not:

  • Deny you goods or services;
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
  • Provide you a different level or quality of goods or services; or
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services

How to Exercise Your Rights; Verifying Your Identity

To exercise any of your privacy rights, or if you have any questions about your privacy rights, you may contact us by:

• Calling us at 1-866-511-1240
• Emailing us at service@freshdirect.com

After submitting a request, we will take steps to verify your identity in order for us to properly respond and confirm that it is not a fraudulent request. In order to verify your identity, we will ask, at a minimum, that you provide your name, email address, and relationship to us, so that we can seek to match this information with the information existing in our systems. When providing us this information, you represent and affirm that all information provided is true and accurate.

If we are unable to verify that the consumer submitting the request is the same individual about whom we have collected personal information, we may contact you for more information, or we may not be able to meet your request.

Only you may make a verifiable request related to your personal information. If you are making a request as the parent or legal guardian of a known child regarding the processing of that child’s personal information, we may ask you to submit reliable proof of your identity.

Response Time; Your Right to Appeal

We will make every effort to respond to your request within 45 days from when you contacted us. If you have a complex request, State Privacy Laws allow us up to 90 days to respond. We will contact you within 45 days from when you contacted us to inform you of the need for additional time and the reason for such extension.

We may charge you a reasonable fee to cover administrative costs if your requests are manifestly unfounded, excessive, or repetitive.

If we decline to take action on a request that you have submitted, we will inform you of our reasons for doing so, and provide instructions for how to appeal the decision. Depending on your state of residence you may have the right to appeal within a reasonable period of time after you have received our decision. If you have this appeal right, within 60 days of our receipt of your appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If we deny your appeal, we will provide you with a method for contacting your state attorney general’s office to submit a complaint.