LOYALTY PRIVACY CONSIDERATIONS
Last Update, November 2022
We respect your privacy and are committed to protecting it. The following privacy considerations apply to your participation in the Program. Red Apple Marketplace (“Store”, “We”, “Us”, “Our”) offers the loyalty program (the “Program”) as defined herein, subject to these Privacy Terms (“Terms”). Your enrollment in the Program makes you a “Participant” and your enrollment and participation in the Program is conditioned upon your acceptance of these privacy considerations. Therefore, your enrollment and participation in the Program acts as your express acknowledgment and acceptance of the Terms, and your consent to be bound by them. If you do not understand or agree to these Terms, do not enroll in the Program. Enrollment in the Program is not required to shop at store.
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 provide to us.
A. Personal Data 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 you enroll in the Program, communication with us, or transaction 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, and amounts of money spent, which information you transmit to us when transacting business with us online and in person;
- IP address, device identifiers, and identifiers associated with cookies;
B. How we collect your Personal Data
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 the Program you must provide certain contact information and, at a minimum, a phone number to be assigned as your Perk ID. 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 the Program. 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, 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 object to, or limit our processing of certain information of this nature, you may not be able to easily or efficiently use all of the features provided online.
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 the Program; 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: We 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 enroll in the Program, you consent to receiving communications about Special Offers. If you would like to stop receiving information about Special Offers from Company, please see the "Your rights relating to your Personal Data" section of the terms below.
For the Protection of Store and Others: If Store, in good faith, determines that you have used the Program 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 Program for any unlawful means, you have no expectation of privacy and we may use and disclose any and all information for the protection of Store and others.
Pursuant to Law, Rule or Regulation:If required or permitted to do so by law or if, in good faith, Store believes that such action is necessary to: (1) comply with laws and regulations or with legal processes; (2) protect and defend our rights and property or prevent fraud; (3) protect us against abuse, misuse or unauthorized use of our 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 Store may use and disclose any and all information as needed.
Aggregated and de-identified data: We 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 us to improve its products and services and for other proper purposes, provided that such retention and use is permitted by applicable laws.
Internal purposes: We may use data for auditing, data analysis, system troubleshooting, and research. In these cases, we base our processing on legitimate interests in performing the activities of the organization.
We base processing of Personal Data on 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 the Program (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 participation in the Program, to consummate sales of groceries, to account for Rewards 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 Store or any individual or third party; to maintain and protect the security and integrity of our information system; to protect us against fraudulent, abusive, or unlawful acts; or to investigate and defend Store 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, Store whether by merger, acquisition, reorganization or otherwise, we may transfer our 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 host Personal Data that we have collected (through the means described above) on our premises and in information system at our facilities, in third party data centers, in the systems of third party service providers, and in cloud storage solutions. We store all information in state of the art physical storage facilities and cloud storage. In doing so, we use 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 we 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.
Because your account holds savings, coupons and other units of value, 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 us immediately so we can deactivate your account. We will issue you a replacement account only at your request. You agree to cooperate with Store in any fraud prevention measures that we conduct or implement.
F. Retention of Personal Data
We process 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. We reserve the right to delete a customer's data, including Personal Data provided by that customer, from our system after 30 days from the date of termination of our agreement with the applicable customer. We also delete Personal Data in response to an individual's request, as set forth in the "Your rights relating to your Personal Data" section below.
We reserve 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 we collect 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. Your rights relating to your Personal Data
We do not discriminate against those who opt-out. However, opting out may prevent us from conveniently and efficiently administering the Program 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 Store disclose information, and request information about how we sell 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 : We do not conduct business in the EU or knowingly provide our services to EU companies or residents.
Canada Consumer Notice: We do not conduct business in Canada or knowingly provide our services to Canadian companies or residents.
The Program gives you the opportunity to receive information, promotional materials, offers and rewards regarding Participating Stores and Stations direct to your phone through telephone communication or SMS/MMS messaging ("Mobile Communication"), through emails, and/or through other social media communication tools. You will not receive unsolicited communications of any kind. You will only receive communications if you use and/or participate in the Program or if you have submitted an Opt-In request wherein you provided your mobile number and/or email address. Regardless of the opt-in method you utilized to use or join the Program or sign up for communications, you agree that these Terms apply.
By providing your mobile number, you consent to receive Mobile Communication from Participating Stores and Stations, you agree to receive autodialed marketing Mobile Communications with live or pre-recorded operators, and you understand that consent is not required to make any purchase from Participating Stores or Stations. You also recognize that message and data rates may apply and are your sole responsibility.
The Program involves recurring Mobile Communication and emails, which may be sent based on your interaction with Participating Stores and Stations. If you no longer desire to receive Mobile Communications, you can reply "STOP" to any SMS/MMS message, or, in the case of telephone communication, notify the caller of your desire to opt-out. You may Opt-Out at any time, without penalty or charge. If you no longer desire to receive email communication, an 'unsubscribe' option is provided in the footer of every email. You may also contact us directly to unsubscribe to marketing emails or other marketing communications, at the contact information set forth in the "CONTACT INFORMATION" section below. If you have agreed to receive marketing communications, you may always opt-out at a later date.
It is a violation of this policy to use another's mobile phone number or email address to opt-in to this Program, or any other similar program. By opting-in, you represent and warrant, under penalty of perjury, that the mobile number and email address you used to opt-in is yours. It is also a violation of this policy to opt-in any third party without their express, written consent.
ALL CONTENT, INFORMATION, MATERIALS, PRODUCTS, BENEFITS, AND OTHER SERVICES INCLUDEDON, OR MADE AVAILABLE TO YOU THROUGH THE PROGRAM ARE PROVIDED BY "AS IS" AND "AS AVAILABLE", UNLESS OTHERWISE SPECIFIED IN WRITING BY US. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PROGRAM, WEBSITE, OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS, OR OTHER BENEFITS AND SERVICES INCLUDED ON, OR MADE AVAILABLE TO YOU THROUGH THE PROGRAM AND THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING BY US. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PROGRAM, THE WEBSITE, AND ANY OF THE BENEFITS, CONTENT, INFORMATION, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON, OR MADE AVAILABLE TO YOU BY US, IS AT YOUR SOLE RISK.
WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF CONFORMANCE TO THE STANDARDS OF TRADE FOR THE PRODUCTS, BENEFITS, AND SERVICES OFFERED THROUGH THE PROGRAM AND WEBSITE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.
III. Revocation; cancellation
We reserve the right to terminate your account immediately if we believes, in good faith, that you have engaged in activities in violation or breach of these Terms. Further, we may revoke your right to use your account at any time with or without cause, and without notice. You may not use the account after it has been canceled or terminated. If your account has been suspended or canceled because of suspected misuse or fraud, we reserve the right to share your account information with appropriate authorities, including police or other law enforcement agencies.
Failure of either party to enforce any terms does not constitute a waiver of such terms or of the Agreement in any respect.
V. Governing Law and Jurisdiction
This Agreement shall be interpreted and construed pursuant to the laws of the State of Wyoming. In the event any party hereto commences an action to enforce the terms hereof, the only proper venue for such action shall be the State Courts in Oregon.
The contents and terms of this Agreement may be updated or amended from time to time, in whole or in part, without specific notice to you. The latest terms of this Agreement will be posted on Store's website. Your continued participation in the Program and/or use of the Store site constitutes your acceptance of this Agreement and all Terms and Conditions pertaining thereto posted at the time of those specific transactions. You agree to regularly check Store's website for such updates or amendments.
VII. Contact information
| Attn: Rewards Manager | 555 SW 4th Ave
| Ontario, OR 97914