ASSOCIATED FOOD STORES, INC. PRIVACY POLICY

Last updated [December 16, 2020]

INTRODUCTION

This Associated Food Stores, Inc. Privacy Statement (the “Policy”) is applicable to all Associated Food Stores, Inc. and its affiliates (“AFS”) websites, including this website. Questions regarding the Policy can be directed to 1850 West 2100 South, Salt Lake City, Utah 84119 or by phone at 801-973-4400.

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This Policy explains how we collect, use, disclose, and safeguard your information when you visit our websites and our mobile applications, including any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Site”). Please read this Policy carefully. If you do not agree with the terms of this Policy, please do not access the site, app or other media form.

 

PRIVACY POLICY

AFS respects your privacy and is committed to protecting it. For purposes of these privacy considerations, “Personal Data” may include any information that can be used to identify or locate you, such as your name, address, mailing address, email address, phone number, and other information you may produce to us or provide by using our websites, servers and services.

A: Personal Data that We May Collect

  • Contact information, such as name, physical address, telephone, and email address;
  • Other individual identifiers, such as age or date of birth, gender, and other information that you voluntarily transmit when using AFS websites, programs, communication with us, or transacting business with us;
  • Payment information, such as credit/debit card type and/or number that you voluntarily transmit when you make purchases online. But please note that we do not store credit card numbers and all credit card processing is done by third parties;
  • Regulatory information in order to satisfy regulatory obligations such as tax and other reporting obligations;
  • Shopping preferences and data, such as stores visited, groceries purchased, amounts of money spent, which information you transmit to us when transacting business with us in store on online.

 

B: How We Collect Your Personal Data

We may collect information about you in a variety of ways. Our collection of most of the Personal Data addressed herein is completely transparent. This means that you will know when and how it is happening. For example, when you enroll in a specific program with AFS such as loyalty rewards you must provide certain contact information and, at a minimum, a phone number to be assigned access credentials. In this manner, we can only gather the information you voluntarily provide. If you object to, or limit our processing of certain information of this nature, you may not be able to easily and efficiently participate in the benefits offered by various AFS programs. By providing us with this information, you expressly agree to our collection, use, storage, and disclosure of it as explained in these terms.

Our collection of other types of information (typically that is technical in nature such as IP Address, web browser information, cookies, in the case of online transactions) may happen without your express knowledge through the standard operation of AFS’s internet servers or through the use of cookies, but you hereby consent to it. This means that you will not necessarily know when and how it is happening. However, we can only gather the information through your voluntary interactions with us through our website. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature.  If you object to, or limit our processing of certain information of this nature, you may not be able to easily of efficiently use all of the features provided on AFS’s Sites.

 

C: How We Use Your Personal Data

We may use and process Personal Data for any purpose that is permitted under applicable data protection laws and in accordance with these terms. “Processing” of Personal Data includes collecting, recording, organizing, structuring, storing, altering or modifying, retrieving, transmitting, disclosing or otherwise making available to third parties, deleting, and otherwise using or dealing with your Personal Data. We may process your Personal Data with or without automatic means. These purposes include:

  • Our business purposes: As examples, administering or improving our Sites and programs; improving your shopping experience; addressing customer service issues; processing payments; planning and conducting marketing activities; contacting you; responding to inquiries; conducting analytics; security monitoring; business operations and administration; and addressing tax and other regulatory requirements.
  • Marketing: Company may process information related to your purchase history and habits, and may send you marketing communications to inform you of new products, services, promotions, or other special events or offers that might be of interest to you based on your shopping preferences and order histories, and which may include information about products and services of companies that we partner with (“Special Offers”). When you use AFS’s websites, resources and programs, you consent to receiving communications about Special Offers. If you would like to stop receiving information about Special Offers from AFS, please see the “Your rights relating to your Personal Data” section of the terms below.
  • For the Protection of AFS and Others: If AFS, in good faith, determines that you have used the Sites, resources and/or programs to menace, threaten, harass, intimidate or otherwise deceptively pose as another person, or in any other way in violation of law, or if you attempt to use the Sites, resources and/or programs for any unlawful means, you have no expectation of privacy and we may use and disclose any and all information for the protection of AFS and others.
  • Pursuant to Law, Rule or Regulation: If required or permitted to do so by law or if, in good faith, AFS believes that such action is necessary to: (1) comply with laws and regulations or with legal processes; (2) protect and defend AFS’s rights and property or prevent fraud; (3) protect AFS against abuse, misuse or unauthorized use of AFS’s products or the Program; (4) protect the personal safety or property of our personnel, other Participants or the public; and/or (5) comply with tax reporting requirements, then AFS may use and disclose any and all information as needed.
  • Aggregated and de-identified data: AFS may anonymize data to create statistical data or system usage data, by removing all personal identifiers and/or aggregating your data with other’s data so that it is not identifiable as to any particular person. Such de-identified data may be retained and used by AFS to improve its products and services and for other proper purposes, provided that such retention and use is permitted by applicable laws.
  • Internal purposes: AFS may use data for auditing, data analysis, system troubleshooting, and research. In these cases, AFS bases its processing on legitimate interests in performing the activities of the organization.

We base our processing of Personal Data on the need to perform our contractual obligations under our agreements, obligations, and our legitimate activities. We also process Personal Data to comply with applicable law and to exercise our legal rights.

 

D: How We Share or Disclose Your Personal Data

We never sell or rent Personal Data to third parties. We may disclose or share your Personal Data with other parties in the following circumstances:

  • Our business purposes. Including administering programs (e.g., in order to ensure that participants receive reciprocity with Participating Stores and Stations); addressing customer service issues; planning and conducting marketing activities; responding to inquiries; conducting analytics; security monitoring; business operations and administration; and addressing tax and other regulatory requirements.
  • Third-party service providers. We use third-party service providers (or subprocessors) to process Personal Data to facilitate your use and participation of AFS Sites and programs, to consummate sales of groceries, to account for perk points, and in the operation of our business. This includes providing Personal Data to third parties for their processing in performing functions on our behalf, particularly the functions listed above in the “How we use your Personal Data” section. These functions include but are not limited to, hosting software, performing security services, analyzing data, performing surveys, administering our website, providing technical support services, communication, processing credit card payments, etc. These third party providers will be contractually and/or legally required to protect Personal Data from additional processing (including for marketing purposes) and transfer in accordance with applicable laws.
  • Compliance with law and protecting our legal rights. We may disclose your Personal Data to regulatory bodies if we have a good-faith belief that doing so is required under applicable laws or regulations. This may include submitting Personal Data required by tax or other governmental authorities, or lawfully requested by governmental agencies, including law enforcement and judicial authorities. We may also disclose your Personal Data in order to exercise or defend our legal rights; to take precautions against liability; to protect the rights, property, or safety of AFS or any individual or third party; to maintain and protect the security and integrity of our information system; to protect AFS against fraudulent, abusive, or unlawful acts; or to investigate and defend AFS against third-party claims or allegations.
  • Corporate Transactions. If a third party acquires all or substantially all of the assets of, or ownership interests in, AFS whether by merger, acquisition, reorganization or otherwise, AFS may transfer its database, including all Personal Data contained therein, to the acquiring entity.
  • Aggregated and de-identified data. We reserve the right to disclose aggregated user statistics as well as non-personally identifiable information (such as anonymous usage data), in order to describe our business operations to prospective partners, licensees, advertisers, and other third parties.

 

E: Data Security

We may store Personal Data that we have collected (through the means described above) on our premises and in our information system at our facilities, in third party data centers, in the systems of third party service providers, and in cloud storage solutions. AFS stores all information in state of the art physical storage facilities and cloud storage. In doing so, AFS uses appropriate physical, organizational and technological measures to protect the Personal Data you provide to us against loss or theft, and unauthorized access, disclosure, copying, use, or modification. This includes limiting access on a “need-to-know” basis.

No electronic data transmission can be guaranteed to be secure from access by unintended recipients and AFS will not be responsible for any breach of security unless this breach is due to its negligence. Although we are committed to employing reasonable technology in order to protect the security of your Personal Data, even with the best technology, no storage mechanism or process is 100% secure. Further, in transacting business with us through our website, you assume the risk inherent in transacting business online.

Certain programs on our Sites hold savings, coupons and other units of value.  In such instances we reserve the right to ask you for a personal ID during specific promotions in order to prevent other non-account holders from misusing your account. If you suspect that your account is being used without your permission, call AFS immediately so that we can deactivate your account. AFS will issue you a replacement account only at your request. You agree to cooperate with AFS in any fraud prevention measures that AFS.

 

F: Retention of Personal Data

AFS processes Personal Data for a reasonable period of time to fulfill the purposes mentioned above. Personal Data is then archived for sufficient time as required or necessitated by law or legal considerations. AFS reserves the right to delete a customer’s data, including Personal Data provided by that customer, from its system after 30 days from the date of termination of its agreement with the applicable customer. AFS also deletes Personal Data in response to an individual’s request, as set forth in the “Your rights relating to your Personal Data” section below.

AFS reserves the right to retain usage data relating to our products and services, as well as data that has been anonymized and/or aggregated, to the extent permitted by applicable laws. With respect to any Personal Data collected by us for marketing or for our own internal purposes, we will retain that data for a reasonable time in order to fulfill those purposes.

We regularly review our retention policy to ensure compliance with our obligations under data protection laws and other regulatory requirements. We regularly audit our databases and archived information to ensure that Personal Data is only stored and archived in alignment with our retention policy.

 

G: Pharmacy Information

This Policy does not include pharmacy records. Pharmacy information and patient data is kept separate from other personal information gathered on AFS Sites and programs. Prescription refills are directed to separate pharmacy management systems and information is not transmitted through AFS Sites.

 

 

H: Privacy and Children

AFS’s websites are not intended for or marketed to persons under the age of 18. AFS does not knowingly solicit, collect, nor post information from children under the age of 13 (“children”). In the event that AFS did collect or post information from children, it would not do so without their parent’s or guardian’s consent.  If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below.

 

I: Your Rights Relating to Your Personal Data

If you wish to opt out from any of the uses of Personal Data that are specified in this Privacy Policy, except in the case of legal proceedings or where your data is required for tax and transactional purposes, please contact us. Please note that your subsequent disclosure of Personal Data nullifies any prior opt-out request.

AFS does not discriminate against those who opt-out. However, opting out may prevent us from conveniently and efficiently administering Sites, resources and programs to you, if at all.

California Consumer Notice: If you are a California resident, you have the right to request access to information, request the deletion of information, request AFS disclose information, and request information about how AFS sells or discloses your information to third parties for a business purpose. Regarding Personal Data we disclose to third parties, you have the right to opt out of such disclosure at any time. You can exercise your right to opt out on our website.

EU Consumer Notice: AFS does not conduct business in the EU or knowingly provide its services to EU companies or residents.

Canada Consumer Notice: AFS does not conduct business in Canada or knowingly provide its services to Canadian companies or residents.

 

J: Effect of Use of Sites

By using AFS Sites, programs and/or resources, you signify your assent to this Policy. If you do not agree to this Policy, please do not use the AFS Sites. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes.

This Policy shall be construed and governed by the laws of the State of Utah, without regard to its principles of conflict of laws. You agree that any legal action or proceeding in connection with the AFS Sites, its contents, or this Policy shall be brought in the District Court of Salt Lake County, Utah, or, if the jurisdictional prerequisites exist, in the United States District Court for the District of Utah, and you expressly waive any objection to the jurisdiction or venue of such courts.

AFS reserves the right to change this Policy at any time without prior notice for any reason. We will keep you updated of any changes made to this Policy by posting a modified version on our Site and indicating the date of modification. Any changes or modifications will be effective immediately upon posting the updated Policy on the Site, and you waive the right to receive specific notice of each such change or modification. We encourage you to visit the Sites periodically to view revisions to this Policy. This Policy and the statements contained herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party or user. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Policy by your continued use of the Site after the date such revised Policy is posted.

[END OF POLICY]

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