Privacy Policy (Updated Oct 2012)

Fresh & Easy Online Privacy Policy

This Privacy Policy governs the websites (each a "Site" and collectively "Sites") owned by Fresh & Easy Neighborhood Market Inc. ("Fresh & Easy") where this Privacy Policy is posted. Fresh & Easy is committed to protecting your privacy when you visit our Sites. This Privacy Policy informs you about the information we collect on our Sites and how we use, share, and protect it. YOUR USE OF THIS SITE SIGNIFIES YOUR ASSENT TO OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO OUR PRIVACY POLICY, PLEASE DO NOT USE THIS SITE.

Your use of this Site is also subject to our website Terms and Conditions. This Privacy Policy is incorporated into, and made a part of, the Terms and Conditions.

SUMMARY

We provide the following summary with links to specific sections of our Privacy Policy for your convenience. For more detailed information, click on the links below and you will be directed to the relevant section of the Privacy Policy.

Information Collected Automatically

  • This Site logs IP addresses in order to improve security, analyze trends and administer the Site. Our web servers automatically recognize a visitor's domain name, browser type, the web page from which a visitor enters our Site, which pages a visitor visits on our Site, access times, and how much time a visitor spends on each page. We only use this information in aggregate form, and do not link it to you personally.

Use of Cookies and Other Technologies

  • We and our analytics service providers may use session and persistent "cookies," web beacons, and other technologies to collect, store and track information for analytical purposes, improve our products and services, improve our marketing and promotional activities, tailor and personalize content, and better understand your preferences and interests.
  • You can set your computer to warn you each time a cookie is being sent or turn off cookies through your browser. Check your browser's Help menu to find out how. If you reject cookies, you may still use our Site, but your ability to use some features may be limited.

Information Voluntarily Provided by Users

  • This Site collects personally identifiable information voluntarily provided by you, which may include your first name, last name, mailing address, e-mail address, telephone (or mobile) number, fax number, and credit card information. Certain features may also require that you provide a user name and password, and we may also request demographic information, such as your age, gender, or interests, to help serve you better.
  • If you register to join our Rewards Program, we may collect your name, Zip Code, and email address, and you may be required to create a password. You may have the option of providing addition information, such as your full address, number of household members, date of birth, and dietary preferences. After you activate your program membership, we will automatically collect and maintain information about points you earn and redeem, purchase information and redemption history.
  • When you shop online, the Site collects information associated with the transaction, such as your name, mailing address, shipping address, products ordered, and credit card information. In addition, customers may have the option of registering certain information for future orders.

Use of Your Information

  • We use your information to: provide and personalize our products and services; communicate with you about products and services; administer our Rewards Program and promotions; fulfill orders; send you news, information, and offers; process job applications and surveys; respond to your inquiries and requests; and communicate with you for administrative or operational purposes.
  • We may combine the information we collect from you and/or supplement it with information that we obtain from public databases or third parties.

Disclosure of Your Information to Third Parties

  • If you participate in interactive features on this Site that permit you to submit or post user-generated content, any personally identifiable information provided by you may be visible to others. If you voluntarily post contact information, you may receive unsolicited communications from third parties.
  • We do not share or sell personally identifiable information with or to third parties for their marketing purposes without your consent. We do share personally identifiable information with third parties who perform services on our behalf. We will also share your information if you request or authorize it.
  • Your information may also be disclosed in exceptional circumstances, such as a merger, sale of assets, insolvency, bankruptcy or receivership, where Fresh & Easy or an affiliate is seeking financing, investment, support or funding, where necessary to comply with laws, subpoenas, warrants, orders, or legal requests, to enforce our Terms and Conditions, and to protect the rights, property, or safety of Fresh & Easy or others.

Account Access, Choice and Opt-Out

  • Rewards Program members can access their membership account by visiting the Program page. Other customers who have established an account online can also access their account information at our website. You may also inquire about your account by calling our telephone helpline at (877) 338-6546.
  • If you wish to correct any personally identifiable information maintained by Fresh & Easy, or change your contact information, you can contact us.
  • If you no longer wish to receive commercial e-mail communications from us, you may opt-out of receiving them by following the instructions included in each e-mail we send or by contacting us.

How We Protect Your Information

  • We employ reasonable security measures to protect your personally identifiable information and prevent unauthorized access, and we use commercially reasonable efforts to ensure that our third party agents who make this Site and our services available and fulfill your orders agree to protect your information and honor your preferences about contacts you receive. No method of transmission or method of electronic storage is 100% secure, however.

Other Web Sites; Social Plugins

  • Your use of any linked site on our Sites is subject to the privacy policy imposed by the operator of the linked site.
  • Some of our Sites offer you the ability to interact with social plugins from social networks. Your use of social network plugins is subject to each network's privacy policy, and we encourage you to read their privacy policies.

Changes to Privacy Policy

  • We may change, modify, add, or remove portions of this Privacy Policy at any time. Any changes will take effect upon posting, provided that the use of information previously collected will continue to be governed by the policy in effect when the information was collected.

Special Notice to California Residents

  • California residents have the right to receive, once a year, information about third parties with whom we have shared information about you for their marketing purposes during the previous calendar year, and a description of the categories of personally identifiable information shared.

PRIVACY POLICY

Information Collected Automatically

This Site logs IP addresses (a unique number assigned to every computer on the Internet) in order to improve security, analyze trends and administer the Site. To gauge the effectiveness of our Site, we do collect some generic information about our visitors. Our web servers automatically recognize a visitor's domain name, browser type, the web page from which a visitor enters our Site, which pages a visitor visits on our Site, access times, and how much time a visitor spends on each page. We only use this information in aggregate form, and do not link it to you personally.

Use of Cookies and Other Technologies

We and our analytics service partners may use "cookies," web beacons, and other technologies to collect, store and track information for analytical purposes, to improve our products and services, to improve our marketing and promotional activities, to tailor and personalize content, and to better understand your preferences and interests.

"Cookies" are small pieces of information sent by a web server to a web browser, which enables the server to collect information from the browser. Visitors to some of our Sites are sent anonymous cookies to keep track of their browsing patterns and build up a demographic profile. Sites that offer online shopping use cookies to remember and process items in your shopping cart.

We use session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our Sites. A session ID cookie expires when you close your browser. Persistent cookies are used to customize the content of certain sections of the Site and enable us to track and target the interests of our users and to enhance the experience on our Site. In addition, any visitor who has clicked on an advertisement for this Site on another site that links to this Site will be sent a cookie that will allow us to analyze advertising effectiveness and manage our relationship with affiliate sites. Persistent cookies do not expire when you close your browser.

You can set your computer to warn you each time a cookie is being sent or turn off cookies (except flash cookies) through your browser (e.g., Internet Explorer or Google Chrome). Check your browser's Help menu to find out how. If you reject cookies, you may still use our Site, but your ability to use some features may be limited.

Some of our Web pages and e-mail updates may contain electronic images called clear gifs, web beacons, or pixel tags. On our Sites, clear gifs allow us to count visitors who have viewed our pages. In promotional e-mail messages or newsletters, they allow us to count how many subscribers have read them, which provides important statistical information about the articles, features or activities of most interest. They are not used to access personally identifiable information.

Information Voluntarily Provided by Users

This Site collects personally identifiable information voluntarily provided by you, which may include your first name, last name, mailing address, e-mail address, telephone (or mobile) number, fax number, credit card information, and other information when you use the services and features made available on the Sites.

Certain features on our Sites may require that you provide a user name and password. We may also request demographic information, such as your age, gender or interests, to help serve you better.

We collect this information when you register for contests, sweepstakes or other promotions, loyalty programs, and e-mail updates, news, offers, and information offered by us, search and/or apply for jobs online, make purchases, give us feedback, ask questions, fill out surveys, or submit content or comments to the Site.

If you register to join our Friends of Fresh & Easy Rewards Program we may collect your name, Zip Code, and email address, and you may be required to create a password. You may have the option of providing addition information, such as your full address, number of household members, date of birth for yourself or household members, dietary preferences or other information. After you activate your program membership we will automatically collect and maintain information about the points you earn and redeem. Fresh & Easy will also collect purchase information and redemption history.

When a customer puts an item in a shopping cart or places an order online, the Site collects information associated with the transaction, which may include the customer's name, mailing address, shipping address, products ordered, and credit card information. In addition, customers may have the option of registering certain information for future orders while completing their online order. As explained below, when you make purchases at the Site using a credit card, your credit card information is securely sent to and processed by a third party service provider.

Use of Your Information

We will use your information to provide and personalize our products and services, communicate with you about our products and services (including orders you have placed), respond to your inquiries and requests, send you news, information, coupons, and offers about Fresh & Easy's products and services that we think may be of interest to you, register you for sweepstakes, contests, and other promotions, process job applications, and fulfill orders for products.

We may combine the information we collect from you and/or supplement it with information that we obtain from public databases or third parties, in which case the combined information will be treated in accordance with this Privacy Policy.

We may use the information collected in connection with your Friends of Fresh & Easy Rewards Program membership to provide membership rewards to you and contact you about special programs and incentives offered to program members.

We may contact you by post, email, telephone, or other methods for these purposes. You may opt-out of receiving commercial communications from us as described below.

We like to hear your views to help us improve our service. From time to time, we may contact you to ask your opinions. If you do not want to be contacted for this purpose, please let us know.

Please note that there may be instances where it may be necessary for us to communicate with you, in any event, for administrative or operational reasons relating to our Sites or services, for example, if our service is temporarily suspended for maintenance, or in connection with an account or registration.

Disclosure of Your Information to Third Parties

User Generated Content: This site may offer visitors the option to participate in blogs or other interactive features and submit or post ratings, reviews, comments, videos, photographs, and other user-generated content ("User Material"). Such activities are subject to our Terms and Conditions and community policies. When you submit or post User Material, any personally identifiable information provided by you may be visible to other users or visitors. If you voluntarily post your e-mail address or contact information at this Site, you may receive unsolicited communications from third parties. Your participation in these features and your sharing of your personally identifiable information with us constitutes your agreement to such sharing. Fresh & Easy will not be responsible for the use or security of any personally identifiable information that you voluntarily provide.

Sharing with Third Parties: We do not share or sell personally identifiable information with or to third parties for their marketing purposes without your consent. Your information is available only to us and to carefully selected agents, vendors, and services providers who help make this Site and our products and services available to you and fulfill your requests and orders, absent exceptional circumstances. We use third party agents to process credit card payments and to transmit e-mail communications to you. We may also share your personally identifiable information with third parties if you request or authorize it or to perform other functions on our behalf, such as analyzing data, providing marketing assistance, providing customer service, and administering our Rewards Program, contests and sweepstakes. In accordance with California law, we do not sell or share a Rewards Program member's name, address, telephone number, or other personal identification information with the limited exception of providing names and addresses of cardholders to a third party for purposes of mailing supermarket club card information to cardholders on our behalf. These third parties are contractually prohibited from using the information for any other purposes.

Exceptional Circumstances: If Fresh & Easy, or any of its lines of businesses or affiliated companies, is sold or disposed of as a going concern, whether by merger, sale of assets or otherwise, the relevant databases of Fresh & Easy could, in whole or in part, be sold as part of that transaction. Therefore, information about our users, including personally identifiable information, will be disclosed as part of any merger or acquisition, creation of a separate business to provide the Sites, or sale or pledge of our company assets as well as in the event of an insolvency, bankruptcy or receivership in which personally identifiable information would be transferred as one of the business assets of the company. Information about our users, including personally identifiable information, may also need to be disclosed in connection with a commercial transaction where Fresh & Easy, or an affiliate, is seeking financing, investment, support or funding. In such transactions, personally identifiable information will be subject to the promises made in any pre-existing Privacy Policy in effect when the information was obtained. We also may have to release personally identifiable information when it is necessary to comply with laws, to comply with judicial or other government subpoenas, warrants, orders, or legal requests, to enforce our Terms and Conditions, or to protect the rights, property, or safety of Fresh & Easy or others.

Account Access, Choice and Opt-Out

Friends of Fresh & Easy Rewards Program members can access their membership account by visiting the Program page at http://friends.freshandeasy.com and providing their email address and password. Members will be able to update personal registration information, view Available Points Balance and Available Rewards Balance, check the available Promotions and Coupons on their card and redeem Points for Rewards.

Other customers who are not Rewards Program members, but who have established an account online can also access their account information at our website by visiting https://friends.freshandeasy.com/microsite/Signin.aspx.

You may also inquire about your account by calling our helpline at (877) 338-6546 between 8:00 a.m. and 9:00 p.m. Pacific Time daily (excluding national holidays).

If for any reason you are concerned that the personally identifiable information maintained by Fresh & Easy is not correct, or should you wish to have your contact information changed, please contact us. We will be happy to review, update or remove information as appropriate. If you no longer wish to receive commercial e-mail communications from us, you may opt-out by following the instructions included in each e-mail we send or by contacting us. We may still retain your information in our files however, to resolve disputes, enforce our Terms and Conditions or due to technical and legal requirements and constraints related to the security, integrity and operation of our Sites.

How We Protect Your Information

We employ reasonable security measures to protect your personally identifiable information and prevent unauthorized access. We also use commercially reasonable efforts to ensure that our third party agents who make this Site and our services available and fulfill your orders agree to protect your information and honor your preferences about contacts you receive. When you make purchases online at the Site using a credit card, your credit card information is securely sent to and processed by a third party service provider, who stores the information on its servers. We do not store your credit card information on our servers. Keep in mind however, that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially reasonable means to protect your personally identifiable information, we cannot guarantee its absolute security.

It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.

Other Web Sites; Social Plugins

This Site may contain links to other websites and services owned by third parties, outside our control, and not covered by this Privacy Policy. Fresh & Easy is not responsible for such content. If you access another site or services using the links provided, the operators of those sites and services may collect information from you that will be used by them in accordance with their own privacy policy, which may differ from ours. Your use of any linked site is subject to the privacy policy imposed by the operator of the linked site, and Fresh & Easy disclaims all liability in connection with your use of a linked site.

Some of the Sites offer you the ability to interact with social plugins from social networks, including Facebook (facebook.com), Google + (plus.google.com), Twitter (twitter.com), and Pinterest (pinterest.com). When you interact with social network plugins on our Sites, your browser establishes a direct connection to the social network site, and the third party site transfers the plugin content to your browser, which enables the site to receive and store information about your access to our Sites. Your use of social network plugins is subject to each network's privacy policy, which may be different from ours, so we encourage you to read them. We have no control over the information that is collected, stored, and used by social network plugins.

Changes to Privacy Policy

Fresh & Easy reserves the right, in its complete discretion, to change, modify, add, or remove portions of this Privacy Policy at any time. Any changes will take effect upon posting, provided that the use of any information previously collected by Fresh & Easy will continue to be governed by the policy in effect when the information was collected. By using our Site or services following the posting of changes this Privacy Policy, you are deemed to consent to our then-current Privacy Policy. We will use information previously obtained in accordance with the Privacy Policy in effect when the information was obtained from you.

Special Notice to California Residents

Under California Law, California residents have the right to receive, once a year, information about third parties with whom we have shared information about you for their marketing purposes during the previous calendar year, and a description of the categories of personally identifiable information shared. To make such a request, please send a request via e-mail and include the phrase "California Privacy Request" in the subject line, and provide us with your name, address, and e-mail address. We will respond to you within thirty days of receiving such a request.

How to Contact Us

If you have any questions about our Privacy Policy, contact us by e-mail, mail or our telephone helpline at (877) 338-6546.

Updated: October 2012

©2012 Fresh & Easy Neighborhood Market Inc. All rights reserved.