Wakefern Food Corp.

 

PRIVACY NOTICE

Last updated on December 19, 2024

 

This Privacy Notice describes the information collection, use, and sharing practices of Wakefern Food Corp. (“Wakefern”, “we”, “us”, “our”) and its member sites when you interact with our websites (the “Website”), our mobile applications (the “App”), other digital products on which this Privacy Notice appears, as well as when you interact with us in-person such as when you visit our members’ stores (the “Services”).

 

For ease of understanding all the categories of data we collect, please refer to the following definitions of categories of personal information we collect:

 

• Personal Identifiers: Information used to identify you, such as, your first and last name, telephone number, physical address, email address, date of birth, and any demographic information (if provided).

 

• Financial Information: Information related to your payment methods, such as, your credit card and debit card information and billing address.

 

• Account Information: Information related to your account, such as your last name, email address, phone number, password, purchase history, digital coupon usage, saved recipes, saved items, delivery preferences, and home store.

 

• Electronic Network Activity Information: Information related to your electronic network activity, such as your browsing history, information about how you use our Websites and Apps, information about your device, and information related to our live-chat feature, Ava.

 

• Geolocation Information: Information about your location of your device, such as information derived from your device (e.g. based on browser or device’s IP address). We may also use location-based technology in our stores to collect information about the presence of your device if your device settings allow for this.

 

• Visual Information: Information related to your visual information through the use of our closed-circuit video surveillance cameras (“CCTV”) which are installed at our stores to monitor building security and assist in crime prevention, detection, and investigation and to ensure the safety of our associates and customers.

 

• Sensitive Personal Information: Information used to identify you, but is treated with a heightened degree of sensitivity, such as gender, race or ethnic origin, physical or mental health conditions or diagnoses, religious or philosophical beliefs, personal data collected from a known child, or precise geolocation information.

 

• Health Information: Information related to your physical and mental health, such as, weight, body mass index, medical history, family medical history, physical or mental health conditions or diagnoses, current medication list, macronutrient and micronutrient information, dietary restrictions, biochemical data, and available laboratory results.

 

• Inferences:  Inferences drawn from the other information described above.

 

PERSONAL INFORMATION WE COLLECT AND WHY

 

We collect personal information, which is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, to you, when you:

 

• Become a Fresh Grocer Rewards Member. If you sign up to become a Fresh Grocer Rewards Member, you provide us, your personal identifiers. Once we receive this information, we will assign you a unique Fresh Grocer Rewards Card number which allows you to access potential discounts on products.

 

• Create an online account. If you create an online account, you provide us with your personal identifiers (including your date of birth if you choose to provide it). We will also ask you to provide a username and password and ask you to identify your “Home Store”. If you choose, you may provide your State preference. Note, if your personal identifiers match the personal identifiers associated with your Fresh Grocer Rewards Card, we will automatically link your existing Fresh Grocer Rewards Card number to your newly created online account and your previous in-store purchase history. An account is necessary to access online shopping, clip digital coupons, and perform other online tasks. We use this information to communicate with you about products, events, and promotions, send you special offers and digital coupons, process your payment, send you notices about product recalls, and manage your account. You may unsubscribe from our marketing communications at any time by clicking the “unsubscribe” link included at the bottom of each email we send to you. Our communications contain tracking technologies, to analyze whether a predefined action took place by a recipient, such as opening our communications and other engagement metrics such as timestamps, delivery status, whether an email was forwarded, clicks within an email, as well as sender and recipient addresses to better adapt and distribute our communications. When you opt in to our marketing communications, you will be automatically opted in to the use of these technologies. You can avoid downloading the pixel by rejecting the download of images in the email. 

 

• Place an order online. Your online account will be used to place a grocery order through the Website or the App, we automatically link your online account information to your Fresh Grocer Rewards Member information. If you choose, you are able to save your financial information to your account. Your account information will also be stored. We use this information to process your order and payment, as well as send you updates regarding your order.  In order to provide you with efficient in-store grocery pick-up, we automatically collect your sensitive personal information to alert our associates to your estimated time of arrival. You can manage this by updating the settings on your mobile telephone.

 

• Shop at one of our stores. Our stores are equipped with CCTV cameras that will automatically capture your visual information.  We capture this information to monitor building security and assist in crime prevention, detection, and investigation and to ensure the safety of our associates and customers.

 

• Contact us. When you contact us, either by sending us an email or calling our customer service line, you provide your personal identifiers, your account information if applicable, and any other information you wish to provide. We use this personal information to respond to your questions or inquiries, troubleshoot where necessary, and address any issues you have. If you use our online virtual agent, Ava, we will collect from you the above-referenced information. We will collect from you automatically, your internet or other electronic network activity information. We use this to ensure you are not a bot, to respond to your inquiry, and to allow you to interact with Ava. 

 

• Find a Store. If you use this feature on our Website, you provide to us, your personal identifiers. We use this to provide you with the closest store to the location you provide.

 

• Interact with us on social media. When you interact with our fan page on social networking websites, such as a Meta platform (including Facebook and Instagram) or X (formerly Twitter) (collectively “Fan Pages”), we collect basic engagement metrics and use it to tailor content and marketing and use it to improve user experience as set forth in this section. Please note that we do not control the use or storage of the information that you have posted to any social networking websites. This information is collected and processed by the social networking websites for their own purposes, including marketing. For more information on how Facebook, X, and Instagram use your personal information, please see Facebook’s Privacy Policy,  X’s Privacy Policy, and Instagram’s Privacy Policy.

 

• Fan Pages. Because our Fan Pages are publicly accessible, when you use them to interact with other users, for example by posting, leaving comments or liking or sharing posts, any personal information that you post in them can be viewed by others or used by them as they see fit. The content you post on our Fan Pages or other public areas of social networking websites can be deleted in the same way as other content that you have created.

 

• Community Management. If you reach out to our Fan Pages with a question or comment, we may collect from you, your comments and contact information in order to rectify the issue or provide guidance.

 

• Sweepstakes. When you participate in sweepstakes hosted on our Fan Pages, we collect from you your personal identifiers. We use this information to notify you for prize fulfillment.

 

• Events and Photos. At events for which you have registered, photos and video recordings may be made (possibly by a photographer commissioned by us), in which you may also be shown. If you are the central subject of a recording, the photographer will ask you before the recording/taking the photo whether you agree and consent.

 

• Aggregate data. We aggregate the data we collect for benchmarking purposes and for internal analytics. We maintain and use this data in deidentified form. We will not attempt to reidentify the data unless it is necessary to determine whether our deidentification processes satisfy applicable data protection laws.

 

• Interact with the Website. In addition to the personal information you provide directly to us, we also collect information from you automatically as you use the Website via “cookies” and similar tracking technologies (including through the use of pixel tags). This includes the following internet or other electronic network activity information.

 

We use essential, performance, marketing, and analytics cookies to collect your usage, device, and location information when you interact with the Website. We use this information to: (i) track you within the Website; (ii) enhance user experience; (iii) conduct analytics to improve the Website; (iv) prevent fraudulent use of the Website; (v) diagnose and repair Website errors, and, in cases of abuse, track and mitigate the abuse; and (vi) market to you more effectively across different web pages and social media platforms based on your browsing habits and history. Third party marketing and analytics cookies (i.e. the ones we use for targeted advertising) may be considered a sale under New Jersey law. If you are a New Jersey resident and wish to opt out of this sale of your personal information via cookies and the processing of your personal information for purposes of targeted advertising, please visit Cookie Preferences Center. 

 

In general, you can also disable cookies by setting your browser to refuse cookies or indicate when a cookie is being sent. Please note, if you opt out of these targeted advertising cookies, your opt-out will be specific to the web browser, app, or device from which you accessed the opt-out. If you use multiple devices or web browsers, you will need to opt out of each browser or device that you use.

 

Particular third-party cookies to note on our Website include: Google Analytics and Facebook Pixel. 

 

·       Google Analytics. We use Google Analytics to collect information on your use of the Website for its improvement. To collect this information, Google Analytics installs cookies on your browser or reads cookies that are already there. Google Analytics also receives information about you from applications you have downloaded that partner with Google. We do not combine the information collected through the use of Google Analytics with personal information. Google’s ability to use and share information collected by Google Analytics about your visits to our Website or to another application which partners with Google is restricted by the Google Analytics Terms of Use and Privacy Policy. To prevent your data from being used by Google Analytics, you can download the Google Analytics opt-out browser add-on, which can be accessed here. You can also follow the instructions in the “Your Information Choices” section.

 

·       Facebook Pixel. We use Facebook Pixel to customize our advertising and to serve you ads on your social media based on your browsing behavior. This allows your behavior to be tracked after you have been redirected to our Website by clicking on the Facebook ad. Facebook Pixel stores a cookie on your device to enable us to measure the effectiveness of Facebook ads for statistical and market research purposes. We do not have access to the information collected through Facebook Pixel. However, the information collected via the Facebook Pixel is also stored and processed by Facebook. Facebook may link this information to your Facebook account and also use it for its own promotional purposes in accordance with Facebook's Data Usage Policy. Facebook Pixel also allows Facebook and its partners to show you advertisements on and outside of Facebook. You can opt out of displaying Facebook ads and sharing by visiting your Facebook Ad Settings, and you can clear and control the information that third parties share with Facebook in your Off-Facebook Activity page. If you do not have a Facebook account, you can opt out of Facebook ads through the Digital Advertising Alliance. You can also follow the instructions in the “Your Information Choices” section.

 

• Interact with the App. When you interact with the App, we automatically collect your IP address, network connection type, device and operating system information and identifiers through tracking technologies and share it with our service providers to allow the App to function as intended. We do not sell personal information collected in connection with your use of the App nor do we process such information for purposes of targeted advertising. 

 

Wakefern will also use the personal information we collect as described in this section to comply with the law, to efficiently maintain our business, and for other limited circumstances as described in HOW WE SHARE YOUR PERSONAL INFORMATION.

 

HOW WE SHARE YOUR PERSONAL INFORMATION

 

A. General Sharing

 

Wakefern may share personal information in the following instances:

 

• Within Wakefern. We may share your personal information among our affiliated entities for the legitimate business purposes of efficiently and effectively providing the Services. Access to your personal information is limited to those on a need-to-know basis.

 

• With Service Providers. We may share your personal information with our service providers who help us provide you our Services. These service providers include our marketing and advertising providers, IT/webhosting providers, e-commerce providers, customer service providers, quality assurance providers, market analytical providers, delivery/shipping providers, cloud storage provider, and our payment processing providers.

 

• In the event of a corporate reorganization. In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganization, merger, acquisition, sale, joint venture, assignment, consolidation, transfer, change of control, or other disposition of all or any portion of our business, assets or stock, we would share personal information with third parties, including the buyer or target (and their agents and advisors) for the purpose of facilitating and completing the transaction. We will also share personal information with third parties if we undergo bankruptcy or liquidation, in the course of such proceedings.

 

• With Third Parties. We may need to disclose your personal information to third parties, such as legal advisors, law enforcement agencies, or governmental/regulatory bodies to protect our legal interests and other rights, protect against fraud or other illegal activities, prevent harm, for risk management purposes, and to comply with our legal obligations.

 

• For legal purposes. We share your personal information where we are legally required to do so, such as in response to court orders, law enforcement or legal process, including for national security purposes; to establish, protect, or exercise our legal rights, as required to enforce our terms of service or other contracts; to defend against legal claims or demands; to detect, investigate, prevent, or take action against illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person; or to comply with the requirements of any applicable law.

 

B. Sale of Personal Information

 

• Wakefern uses certain analytics and advertising cookies on the Website. These cookies collect your internet or other electronic network activity information and share it with the data analytics and advertising partners that provide them. Third party analytics and advertising cookies (i.e. the ones we use for targeted advertising) may be considered a sale under New Jersey law. If you are a New Jersey resident and wish to opt out of this sale of your personal information and the processing of your personal information for purposes of targeted advertising, please visit Cookie Preferences Center.

 

• Wakefern has shared your personal identifiers and account information with our advertising and marketing partners to engage in lookalike advertising and targeted advertising. This use of your personal information may be considered a sale under New Jersey law. To opt out of this sharing and the processing of your personal information for purposes of targeted advertising, please follow the instructions in the “Rights of New Jersey Residents” section below.

 

YOUR INFORMATION CHOICES

 

You have the following choices with respect to your personal information:

 

• Correct or View Your Information. You may access your account to correct or view certain personal information you have provided to us and which is associated with your account.

 

• Opt Out of Google Analytics. To prevent your data from being used by Google Analytics, you can download the Google Analytics opt-out browser, which can be accessed here.

 

• Opt Out of Facebook Pixel. You can opt out of displaying Facebook ads and this sharing by visiting your Facebook Ad Settings.

 

• Opt Out of Advertising Cookies. All session cookies are temporary and expire after you close your web browser. Persistent cookies can be removed by following your web browser’s directions. To find out how to see what cookies have been set on your computer or device, and how to reject and delete the cookies, please visit: https://www.aboutcookies.org Please note that each web browser is different. To find information relating to your browser, visit the browser developer’s website and mobile application. If you reset your web browser to refuse all cookies or to indicate when a cookie is being sent, some features of our website may not function properly. If you choose to opt out, we will place an "opt-out cookie" on your device. The "opt-out cookie" is browser specific and device specific and only lasts until cookies are cleared from your browser or device. The opt-out cookie will not work for essential cookies. If the cookie is removed or deleted, if you upgrade your browser or if you visit us from a different computer, you will need to return and update your preferences. By clicking on the “Opt-Out” links below, you will be directed to the respective third-party website where your computer will be scanned to determine who maintains cookies on you. At that time, you can either choose to opt out of all targeted advertising or you can choose to opt out of targeted advertising by selecting individual companies who maintain a cookie on your machine.

 

• Association of National Advertisers opt-out registration: https://dmachoice.thedma.org/
• Network Advertising Initiative (NAI) Opt-Out: https://www.networkadvertising.org/managing/opt_out.asp
• Digital Advertising Alliance (DAA) Opt-Out: https://optout.aboutads.info
• European Union (EU) /European Economic Area (EEA) Opt-Out: http://www.youronlinechoices.eu
• In general, you can also disable cookies by setting your browser to refuse cookies or indicate when a cookie is being sent.

 

• Opt Out of Marketing Communications. You may opt out of receiving marketing emails from us by clicking the “unsubscribe” link provided at the bottom of each email we send. Please note that we will continue to send you notifications necessary to the Services.

 

• Opt Out of Email Tracking. You can disable this tracking by blocking automatic loading of images in your email.

 

• Opt Out of SMS Messages. You may opt out of receiving marketing SMS Messages from us by responding ‘STOP’ upon receiving a SMS message. Please note, we may still continue to send you notifications necessary to the Services.

 

• Opt Out of Push Notifications. You may opt out of receiving marketing push notifications from us by updating the Settings on your mobile phone. Please note, we may still continue to send you notifications necessary to the Services.

 

• Opt Out of Direct Mailings. To opt out of our direct mailings, please email us at [email protected]. 

 

RIGHTS OF NEW JERSEY RESIDENTS

 

The New Jersey Data Privacy Act (“NJDPA”) entitles New Jersey residents to certain rights. To the extent the NJDPA applies to our processing of your personal information, you are entitled to the following rights: 

 

• Right to Access/Know. You have the right to request what personal information we have collected, used, disclosed, and sold about you, unless doing so proves impossible or would involve disproportionate effort. You may only make a request for access twice within any 12-month period. 

 

• Right to Deletion. You have the right to request the deletion of your personal information that we collect or maintain, subject to certain exceptions. For example, if we are required by law to retain the information that you are asking be deleted, we would not be able to delete the information until we are legally permitted to delete it. 

 

• Right to Correct. You have the right to correct inaccurate personal information that we collect or maintain. 

 

• Right to Opt Out. You have the right to opt out of our processing of your personal information for the following purposes: (i) targeted advertising; (ii) profiling through solely automated decision making; and (iii) the sale of your personal information to third parties. Wakefern does not have actual knowledge that it sells or processes the personal information of minors under the age of eighteen (18) for purposes of profiling or targeted advertising.

 

• Right to Data Portability. You have the right to request that we transfer your personal information to another organization or give it to you.

 

• Right to Non-Discrimination. You have the right to not receive discriminatory treatment if and when you exercise your rights under the NJDPA. 

 

• Right to Appeal. You have the right to appeal our refusal to take action on your request to exercise your rights. To request an appeal, please email us at [email protected], subject line: “Appeal My Consumer Request.” We will review the appeal and notify you of our response. If we deny your appeal, you may file a complaint with the New Jersey Attorney General here. 

 

If you are a New Jersey resident and wish to exercise your privacy rights, you may submit a request by completing our webform, emailing us at [email protected], or by calling us toll-free at 1-800-74677483. To exercise your right to opt out of targeted advertising or the sale of your personal information via third-party marketing/analytics cookies, please visit Cookie Preferences Center. To verify your identity, we will match the information submitted in connection with your request with the information we have in our records. If we are not able to verify your identity for access and deletion requests with the information provided, we may ask you for additional pieces of information. 

 

For requests submitted via telephone, you must provide us with sufficient information that allows us to reasonably verify you are the person about whom we collected the personal information and describe your request with sufficient detail to allow us to properly evaluate and respond to it.  This information includes your name, city, zip code, Fresh Grocer Rewards Card Account Number (if known), and your preferred method of contact (email or mail).  In doing so, we will take steps to verify your request by matching information provided by you with the information we have in our records. If we are not able to verify your identity for access and deletion requests with the information provided, we may ask you for additional pieces of information.

 

Only you, or a person that you authorize to act on your behalf may make a request related to your personal information. If you are an authorized agent making a request on behalf of another individual, you must provide us with signed documentation that you are authorized to act on behalf of that individual. Please email us the proper documentation to [email protected], subject line: Authorized Agent Documentation. In the email, please provide us with the necessary Authorized Agent documentation, such documentation stating you are an individual’s power of attorney and a copy of the rights request submitted. If we are unable to fulfill your consumer rights request, you have the right to appeal our decision. To exercise this right, please email [email protected] and provide the following information: a copy of your original request, a detailed explanation on why we should reconsider our decision,  documentation supporting your appeal, and, if necessary, updated contact information.

 

DO NOT TRACK

 

We do not respond to Do Not Track requests. Do Not Track is a preference you can set in your web browser to inform websites and mobile applications that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

 

INFORMATION SECURITY

 

We implement and maintain reasonable security measures, such as access controls and encryption, to protect the personal information that we collect and maintain from unauthorized access, destruction, use, modification, or disclosure. However, no security measure or modality of data transmission is 100% secure, and we are unable to guarantee the absolute security of the personal information we have collected from you.

 

CHILDREN’S PRIVACY

 

The Services are not intended for individuals under the age of eighteen (18) years old. If we learn that we have collected or received personal information from individuals under the age of thirteen (13) we will delete the personal information. If you believe we have personal information on individuals under the age of thirteen (13), please contact us at the contact information provided below. Wakefern does not have actual knowledge that it sells or processes the personal information of minors under the age of eighteen (18) for purposes of profiling or targeted advertising. 

 

CHANGES TO THIS PRIVACY NOTICE

 

We may amend this Privacy Notice in our sole discretion at any time. If we do, we will post the changes to this page, and will indicate the date the changes go into effect. We encourage you to review our Privacy Notice to stay informed. If we make changes that materially affect your privacy rights, we will notify you by prominent posting on the Website and/or via email, and obtain your consent, if required.

 

CONTACT US

 

If you have any questions or concerns regarding this Privacy Notice, please contact us at [email protected].