The information we collect and how we use it;
Your rights to access or update your personally identifiable
Your right to opt-out of receiving communications from us;
Your California Privacy Rights; and
Our pledge to have reasonable security measures in place to protect against the loss, misuse or alteration of information under our control.
The Fresh Market Sites collect two kinds of information from you: (1) personally identifiable information that you submit to us or we obtain from commercially available sources, and (2) non-personally identifiable information, such as the pages you visited on our Sites and your IP address.
PERSONALLY IDENTIFIABLE INFORMATION
"Personally Identifiable Information" is information that identifies you personally, such as your name, address, telephone number, email address, or company name. The Fresh Market collects and stores the personally identifiable information that you have provided to us. We collect and use personally identifiable information about you in the following ways:
When You Sign Up To Receive Our Newsletters: You may supply The Fresh Market with your personally identifiable information when you sign up to receive our newsletters. This information may include your name, address, telephone and fax number, email address and web address. The Fresh Market may use this information to gather additional information about you from commercially available sources. By supplying us with this information, you consent to our sending you The Fresh Market information such as newsletters, product information, and advertisements that we believe may interest you.
When You Order From Our Website: In order to fill orders, The Fresh Market obtains your name, a shipping address, a billing address, and credit card information. By supplying us with this information, you consent to our sending, to any address you provide, The Fresh Market information such as newsletters, product information, and advertisements that we believe may interest you.
E-mail: If you submit feedback, questions or requests for information about The Fresh Market products and services, we may request your name, mailing address or geographic region, telephone number and e-mail address in order to respond to your inquiries. The Fresh Market may collect and store the information you choose to provide us to send you information about The Fresh Market from time to time.
Surveys and Promotions: From time to time, we may request information from you via surveys or online promotions such as contests and sweepstakes. Participation is completely voluntary; you have a choice whether or not to disclose any information. Information requested may include personal contact information such as your name, date of birth, address, phone number and e-mail address, and information on shopping habits and preferences. This information may be used to contact users with further information about The Fresh Market products and services, to notify winners and award prizes, and to monitor or improve use and satisfaction of this Site.
Commercially Available Sources: We may use information collected from you at the time of purchase to gather additional information about you from commercially available sources such as data brokers. We may also obtain lists of potential customers from such sources and send information such as newsletters, product information, and advertisements that we believe may interest such potential customers.
Non-Personally Identifiable Information: "Non-Personally Identifiable Information" can be technical information or it can be demographic information, such as your age, gender or interests. Non-personally identifiable information does NOT identify you personally. We collect and use non-personally identifiable information about you in the following ways:
Cookies: A cookie is a piece of data placed on your hard drive when you visit our Site. Cookies help us track traffic to our Site, helping us identify what parts of our Site interest visitors most. For example, when someone visits a page within the Sites, a cookie is placed on the user's machine (if the user accepts cookies) or is read if the user has visited the Sites previously. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but if you do, you may not be able to take advantage of the personalized features enjoyed by other users to our Sites. Some of the cookies we use may be flash cookies or Adobe cookies.
While they are harmless, they may contain Demographic Information (defined below) and depending on your browser these cookies may not normally be deleted when your cookies are deleted. Please check your browser to determine where these types of cookies are stored and how they may be deleted. We do not link cookie information with any personally identifiable information.
Web Beacons: Web Beacons (also known as "clear gifs," "web bugs" or "pixel tags") are tiny graphics with a unique identifier, similar in function to cookies, and are used to allow us to count users who have visited certain pages of the Sites and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, web beacons can tell the sender whether and when the email has been opened. In contrast to cookies, which are stored on a user's computer hard drive, web beacons are embedded invisibly on web pages
Referrers, IP Addresses and Environmental Variables: The Fresh Market may also collect information through “referrers,” IP addresses and various environmental variables. A “referrer” is information the web browser passes along to The Fresh Market web server that references the URL from which you came. An “IP Address” is a number used by computers on a network to identify your computer so that data can be transmitted to you. An “environmental variable” may include, among other things, the domain from which you access the Internet, the time you accessed our Site, the type of web browser and operating system or platform used, the Internet address or the website you left to visit our Site, the pages you visit while at our Site and the Internet address of the website you then visit. The Fresh Market may collect IP Address information in order to administer our Site and to gather broad
Demographic Information: "Demographic Information" may be your age, zip code and interests, which you voluntarily provide to us on the Sites. We use this information to provide you with personalized services and to analyze trends to ensure the information provided by the Sites meets your needs. For example, we offer newsletters and updates to individuals who register with our Sites and we may use your zip code to ensure that the information we provide to you is tailored to your region. Please note that we also consider aggregated information, which is not personally identifiable, to be non-personally identifiable information. The above list provides an example of the non-personally identifiable information that is collected via the Sites.
We collect the above non-personally identifiable information from all visitors to our Sites. If you do not want The Fresh Market to have access to this information, please do not visit our Sites.
Information Sharing: We do not share your personally or non-personally identifiable information with third parties, except as provided below.
The Fresh Market reserves the right to disclose your personally and non-personally identifiable information if The Fresh Market reasonably believes it is required to do so by law; to protect itself or to protect the rights of another user; to reduce risk of credit or other kind of fraud; or to comply with a court order.
The Fresh Market may also share your personally and non-personally identifiable information with third parties that help manage our Site, newsletters, databases, and our order fulfillment and shipping. The Fresh Market’s newsletter providers may have separate privacy policies, which we encourage our users to read. The Fresh Market may also share your personal information with commercial services that perform customer research for The Fresh Market and other companies.
The Fresh Market provides you with the following choices regarding the use of your information:
You may choose to not provide us with any contact information. However, if you do so, we will be unable to process your orders, respond to your inquiries, or enter you into any promotions. Furthermore, your ability to navigate this Site may be impaired.
We communicate with users who subscribe to our services on a regular basis via email. For example, we may use your email address to confirm your request, to send you notice of payments, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional.
However, we provide you the opportunity to exercise an opt-out choice if you do not want to receive other types of communication from us, such as emails or updates from us regarding new services and products offered on this Site. If you would like to opt-out of these types of communications and would like us to remove your name from our on-line mailing list, please send an e-mail to CustomerServiceForms@thefreshmarket.net. Please include your name and e-mail address in the body of the e-mail and reference “Remove me from mailing list” on the subject line. We will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed. You also may opt-out of receiving such emails by clicking on the "unsubscribe" link within the text of the email.
If you would like to change or modify information you have previously provided us, please send an e-mail to CustomerServiceForms@thefreshmarket.net.
The Fresh Market is not targeted to children under the age of 13, and we do not knowingly collect personally identifiable information from any child under the age of 13 without parental consent. When we do receive such information, we delete it as soon as we discover it and we do not thereafter use it or share it with third parties.
No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to The Fresh Market is done at your own risk. However, we make every effort to have reasonable security procedures in place to protect the loss, misuse or alteration of information under our control.
If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using these Sites or providing personally identifiable information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of these Sites. We may post a notice on our Sites if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
If you have any questions about the security of our Site, please contact CustomerServiceForms@thefreshmarket.net.
Beginning on January 1, 2005, California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding The Fresh Market's disclosure of personally identifiable information to third parties for their direct marketing purposes. To make such a request, please contact us: CustomerServiceForms@thefreshmarket.net.
Effective Date: December 4, 2008
Last Updated: October 24, 2012