Privacy Policy

PRIVACY POLICY

Last Updated: October 10, 2017

The Fresh Market knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our Privacy Policy. By visiting www.thefreshmarket.com or its associated subdomains (the “Site”), you agree to the practices described in this Privacy Policy. If you do not agree to the practices described in this Privacy Policy, you may not access or use the Site. Please review this Privacy Policy and our Terms of Use Agreement prior to accessing or using the Site.

In particular, this Privacy Policy contains information about The Fresh Market, Inc.’s (collectively with our subsidiaries and affiliates, “The Fresh Market,” “we,” “us” or “our”) commitment to your privacy, including:

The information we collect and how we use and disclose it;

Your rights to access or update your personal information;

Your California Privacy Rights; and

Our reasonable security measures.

Our site may include links to other websites. This Privacy Policy does not apply to the websites of other companies, individuals or organizations which may be linked to or from our Site. You should consult those other websites’ privacy policies.

INFORMATION COLLECTION

The Fresh Market collects and stores information that you have provided to us through the Site. We collect such information about you in the following ways:

When You Sign Up To Receive Email: You may supply The Fresh Market with your information when you sign up through the Site to receive emails from us. This information may include your name, address, telephone and fax number, email address and web address.

When You Order From Our Site: You may supply The Fresh Market with your name, a shipping address, a billing address, and payment card information when you place orders on the Site.

Customer Feedback: If you submit feedback, questions or requests for information about The Fresh Market products and services through the Site, we may request your name, mailing address or geographic region, telephone number and email address.

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 email address, and information on shopping habits and preferences.

Automatically-Collected Information: We collect information about your use of the Site, including the equipment and software you use to access the Site, information about your internet connection, your IP address, non-personal information (such as demographic information) and other information collected through cookies, web beacons, referrers, or similar tracking technologies.

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, which also help 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 full advantage of the Site if you do so. Some of the cookies we use may be flash cookies or Adobe cookies.

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. 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.

Information From Third Parties: We may also collect any of the above information from third parties, including from our service providers who help us administer some or all of the Site. We may also obtain lists of potential customers from such sources.

INFORMATION USE AND DISCLOSURE

When you supply information to us through the Site, we may use it for any of the following purposes:

• The express purpose for which it was collected; • To send you information and/or offers, newsletters, product information, advertisements, or other information about our work or other topics which we believe may be of interest to you, or to invite you to participate in surveys; • To present the Site and its contents to you; • To improve the Site or any of our services; • To obtain demographic information about our users; • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us; • To notify you about changes to our Site or any of our services; or • For any other purpose with your consent.

The Fresh Market may disclose your information in the following ways:

• To third party service providers who support our activities, perform customer research, help us administer the Site, newsletters or databases, or to fulfill and ship your orders. For purposes of managing our email communications, we currently provide the information you supply to us when signing up through the Site to receive emails from us to Index, a third party. Index may use that information for other purposes as described in its privacy policy. We may also provide information to social media providers, such as Facebook, to allow delivery of messages about The Fresh Market to you via those platforms. • To gather additional information about our users through commercially-available sources such as data brokers; • To our subsidiaries and affiliates; • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users is among the assets transferred; • To carry out authentication with third party websites; • To fulfill the purpose for which you provide it; • For any other purpose disclosed by us when you provide the information; • With your consent; • If The Fresh Market reasonably believes it is required to do so by law; • If we believe disclosure is necessary or appropriate to protect the rights, property or safety of The Fresh Market, our customers or others; • To enforce or apply our Terms of Use and other agreements; • To reduce risk of credit or other kind of fraud; or • To comply with a court order, law, or legal process, including to respond to any government or regulatory request.

CHOICE

The Fresh Market provides you with the following choices regarding the use of your information:

We will provide you with reasonable access to your personal information, and will take reasonable steps to correct or amend personal information that you demonstrate to be incorrect or incomplete. If you would like to change or modify personal information you have previously provided us, please send an email to CustomerServiceForms@thefreshmarket.net. 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.

Do-Not-Track Signals: Your browser may allow you to send “do-not-track” signals to websites you visit. The Site does not respond to do-not-track signals.

If you have any questions about this Privacy Policy or the practices of our Site, please contact us at CustomerServiceForms@thefreshmarket.net.

NOTIFICATION OF CHANGES

If we decide to change our Privacy Policy, we will post those changes here and will update the “Last Updated” date at the top of this Privacy Policy. If at any point we decide to use Personal Information in a manner materially different from that stated at the time it was collected, we will notify you by way of email or by updating this page. You are responsible for periodically visiting the Site and this Privacy Policy to check for any changes.

SPECIAL POLICY WITH REGARD TO INFORMATION FROM CHILDREN UNDER THIRTEEN

The Site is not targeted to children under the age of 13, and we do not knowingly collect Personal Information from any child under the age of 13 without parental consent. When we do receive such Personal Information, we will delete it. If you are under 13, do not access, use, or provide any information on the Site or on or through any of its features. If you believe we might have any information from or about a child under 13, please contact CustomerServiceForms@thefreshmarket.net.

SECURITY

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 endeavor to have reasonable security procedures to protect the loss, misuse or alteration of information under our control.

If you have any questions about the security of our Site, please contact CustomerServiceForms@thefreshmarket.net.

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding The Fresh Market's disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please contact us: CustomerServiceForms@thefreshmarket.net.

COMMENTS OR QUESTIONS?

If you have questions or comments about our Privacy Policy, please contact us at CustomerServiceForms@thefreshmarket.net.