Last Updated: February 6, 2023

This privacy policy (“Privacy Policy”) describes how Niemann Foods, Inc. and its affiliates and/or subsidiaries (“Company”, “NFI”, “we”, “our” or “us”) uses the Personal Information that we process in connection with your use of use of our websites, including, but not limited to, https://www.mycountymarket.com/, and any other website we operate that links to this Privacy Policy, and any of our pages or accounts on any other online platforms (including, but not limited to, social media sites such as Facebook, Instagram, TikTok, LinkedIn, and Twitter) (collectively, our “Sites”), our mobile applications, including, but not limited to, the My Country Market App, a mobile application available through the Apple App Store and the Google Play Store (collectively, our “Apps”), and all other products or services available through our Sites, Apps or otherwise (collectively, with our Sites, Apps and general business operations, our “Service”).

You can access various portions of the Service in many ways, including from a computer or mobile device, and this Privacy Policy will apply regardless of how you access them. To the extent we provide you notices through the Sites or Apps of different or additional privacy practices (e.g., when we collect Personal Information), those additional notices will apply to such data collection and use in addition to the notices provided in this Privacy Policy.

Please read this Privacy Policy carefully to better understand how we collect, use, and disclose Personal Information in connection with our Service. If you do not want us to collect, use or disclose your Personal Information in the ways described in this Privacy Policy, please do not use our Service, provide us with your Personal Information or authorize a third party to make your Personal Information available to us. By using our Service, providing us with your Personal Information or otherwise making your Personal Information available to us, you acknowledge that you understand that we may disclose your Personal Information as described in this Privacy Policy. Please note, as described in this Privacy Policy, we may receive your Personal Information from third parties that have not expressly advised you that they will disclose your Personal Information to us. If you have any questions about how we collect, use protect, disclose or otherwise process Personal Information, including whether we have received your Personal Information from a third party, please contact us by email at maxcardhotline@niemannfoods.com.

Any changes to this Privacy Policy will appear on this page, so we encourage you to review it periodically.

Additionally, if you are: (1) a European resident, please review our General Data Protection (“GDPR”) section regarding your data subject rights; or (2) a California consumer, please review our California User section of this Privacy Policy regarding your additional data privacy rights.

 

WHY WE COLLECT INFORMATION.

Our primary goals in collecting information about individuals and the use of our Service are to provide and improve our Service, to communicate with you and to enable visitors to our Sites to enjoy and easily navigate them. We collect two types of information related to individuals and their use of our Service – Personal Information and certain non-identifying information that is automatically collected as further described in the Information Collected Automatically section below. When we refer to “Personal Information” in this Privacy Policy, we are referring to information that identifies, relates to or describes a specific individual, or could otherwise be associated with or reasonably linked to a specific individual. The non-identifying information that is automatically collected, by itself, generally does not identify the specific person using the computer or mobile device that generated it. This means that these types of automatically collected information usually will not be considered Personal Information, and our use of such automatically collected information is not subject to this Privacy Policy. However, if we link any automatically collected or other non-identifying information directly with other Personal Information or other information that could identify a specific individual, we will treat the linked information as Personal Information and use the linked information in accordance with this Privacy Policy.

PERSONAL Information we collect.

Depending on the types of activities you engage in on our Sites or Apps or how you otherwise use or interact with our Service, we may collect the following categories of Personal Information about you:

• Identifiers and contact information, such as your real name or alias, physical address, email address, telephone number and similar information;
• Online identifiers you use, such as your username, social media handles and similar information;
• Account information, such as your username, password, account activity and similar information;
• Biographical and demographic information, such as your age, gender and similar information;
• Employment or organizational information, such as your employer, membership in organizations and similar information;
• Information about what you look like and similar information;
• Information about your interests, hobbies and similar information; and
• Any other information you or third parties provided to us.

PERSONAL INFORMATION COLLECTED DIRECTLY FROM YOU.

We collect information that you provide to us directly when you:

• Create an account;
• Contact us to ask a question or otherwise communicate with us;
• Respond to surveys;
• Participate in a contest, sweepstakes, or other promotional activity;
• Request customer service including dispute resolution, correspondence through any part of our Services, and any correspondence you send to us;
• Post a review or comment any part of our Service, post other user-generated content on any part of our Service;
• Apply for a job with NFI;
• Sign up to receive announcements, newsletters, affinity cards, random rewards, top shopper rewards, or other promotional materials;
• Order through], Rosie, Instacart, or Wufoo; or
• Otherwise provide us with your Personal Information.

PERSONAL INFORMATION COLLECTED FROM THIRD PARTIES

We may obtain information (which may include Personal Information) about you and/or your activities on or in connection with our Service from third parties, including, but not limited to, the Internet, offline sources, social media platforms, advertising or marketing platforms, service providers and other public or commercial sources (collectively, “Third Party Services”) and any information collected by or in connection with any of those Third Party Services. When you access our Service through certain Third Party Services, associate our Service with certain Third Party Services or share content via certain Third Party Services, you acknowledge and agree that you are authorizing us to collect, store, share and use any content and information we receive from those Third Party Services about you for the purposes described in this Privacy Policy. We may combine the content and information we receive from Third Party Services with any information that we obtain about you through or in connection with any part of our Service. In some cases, you may be able to revoke our access to content and other information we receive from certain Third Party Services, including any social networking sites you connect to through our Service, by changing the appropriate settings for your account with the applicable Third Party Service.

We may obtain Personal Information about you from other third parties through or in connection with our Service. These third parties may include our business partners, shipping providers, fulfilment providers, payment processors and other third parties that provide services directly to us in connection with the ordinary course of our business operations (collectively, “Operational Service Providers”).

We may also obtain Personal Information about you from others that refer you to us and/or from other users of our Service.

Information Collected Automatically.

Certain information on our Service is collected automatically by means of various software tools. We have a legitimate interest in using such information to assist in systems administration, information security and abuse prevention, to track user trends, and to analyze the effectiveness of our Service.

(a)   Log Files.

Log files refers to the information that is automatically sent by your web browser or device (or otherwise automatically collected) each time you view or interact with our online Service. The information inside the log files may include IP addresses, type of browser, internet service provider, date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us.

(b)   Device and Online Usage.

We may collect information about your computer, browser, mobile or other device that you use to access our Service. We may use cookies, pixels, log files and other techniques to collect such information, including IP address, time zone, device identifiers and other unique identifiers, browser type, browser language, operating system name and version, device name and model, version, referring and exit pages, dates and times of Service access, links clicked, features uses, crash reports and session identification information.

(c)    Location Information.

When you use our Service on your mobile phone or device, we may collect information on your physical location through satellite, cell phone towner, Wi-Fi signal, beacons, Bluetooth, and near field communication protocols. For example, when you opt-in to allowing us to collect this information, it may allow us to recognize the location of your mobile device.

(d)   Cookies.

We use cookies to make interactions with our Service easy and meaningful. When you visit our Service, our servers may send a cookie to your computer. We may use cookies that are session-based or persistent. Session cookies exist only during one session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer. We use cookies that enable you to navigate our Service and use its features, such as accessing secure areas of our Service. Because required cookies are essential to operate our Service, there is no option to opt out of these cookies. We use cookies to provide features and services such as:

• Remembering your preferences and allowing you to enter your information less frequently;
• Presenting information that’s targeted to your interests, which may include our content presented on another website;
• Measuring the effectiveness of our sites, services, content, and advertising; and
• Providing other services and features that are only available through the use of cookies.

The Options/Settings section of most internet browsers will tell you how to manage cookies and other technologies that may be transferred to your device, including how to disable such technologies. You can disable our cookies or all cookies through your browser settings, but please note that disabling cookies may impact some of our Service features and prevent the Service from operating properly. Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, please visit https://www.allaboutcookies.org.

We may use or engage a third party that uses Local Stored Objects (LSOs), sometimes referred to as “Flash Cookies”, and other technologies to collect and store information about your use of our Service. A flash cookie is a small data file placed on your device using Adobe Flash technology. Flash cookies are different from the cookies described above because cookie management tools provided in your browser will not remove them. To limit the websites that can store information in flash cookies on your device, you must visit the Adobe website:

http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html

 

(e)    Do Not Track Signals.

We do not currently respond or take any action with respect to web browser "do not track" signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of information about an individual consumer's online activities over time and across third-party websites or online services.

(f)    Analytics Services.

We may use certain third party analytics services to improve the functionality, features, or delivery of our Service. We may also use these analytics services to record mouse clicks, mouse movements, scrolling activity, as well as any text that you type into our Service. By using our Service, you acknowledge and agree that you are aware that our Service may record your activities on our Service and that you consent to this recording. The third party analytics services we use on our Service may include, but may not be limited to:

• Google Analytics. Google Analytics is a web analytics service provided by Google LLC or its affiliates (“Google”). Google Analytics provides website operators with insights into how their websites are used. Google Analytics places cookies on computers and mobile devices that visit websites where Google Analytics is deployed that generate information about the use of the websites. This information is collected directly, and stored, by Google. If we use Google Analytics, we will use the information provided by Google to evaluate the use of our Sites, compile reports on activity on our Sites for our use and provide other services relating to activity on, and usage of, our Sites. Google may transfer this information to third parties where required to do so by law or where such third parties process the information on Google’s behalf or for other purposes as described in Google’s privacy policy, available at https://policies.google.com/privacy. You can opt out of Google Analytics by using the opt out mechanisms available at https://tools.google.com/dlpage/gaopout.
• Google Tag Manager. Google Tag Manager (“GTM”) is a tag management service provided by Google that allows JavaScript and HTML tags to be quickly deployed and updated on websites for tracking and analytics. GTM does not collect any user-specific identifiers that could be associated with a particular individual but may collect some aggregated data about tag firing. However, GTM does cause tags to be activated, which may result in data collection under some circumstances. If you have opted out of Google Analytics, GTM takes this opt-out into account.
• Facebook Pixel. Facebook Pixel is a small piece of code provided by Facebook, Inc. (“Facebook”) that receives information about actions taken on websites to, among other things, improve the relevance of ads served on Facebook. The information collected by that code is collected directly, and stored, by Facebook. If we use Facebook Pixel, we will use the information provided by Facebook to evaluate the use of our Service, measure the effectiveness of our advertising campaigns, compile reports on activity on our Service and provide other service relating to activity on, interactions with and other engagement with our Service. For more information about Facebook’s privacy practices, please refer to https://www.facebook.com/about/privacy. You can manage your Facebook ad settings by using the mechanisms available at https://www.facebook.com/ads/preferences.

(g)   Web Beacons and Similar Tracking Technologies.

When you visit our Service, we may collect your IP address for certain purposes such as, for example, to monitor the regions from which you navigate our Service. We may also use web beacons alone or in conjunction with cookies to compile information about your usage of our Service and interaction with emails from us. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular site tied to the web beacon. We may use web beacons to operate and improve our Service.

How We Use YOUR INFORMATION.

We may use your Personal Information in connection with the following purposes associated with our Service:

• For any purpose with your consent and/or to fulfill any other purpose for which you provide your Personal Information to us;
• Provide, operate, analyze, administer, improve, and personalize the Service;
• Provide you with the Service and any information, product or order fulfillment;
• Contact you in connection with the Service, notifications, events, programs or offerings;
• Send you updates and promotional materials;
• Advertise or market product or services to you, including to deliver direct mail, email, mobile messages, social media notifications and other electronic marketing communications;
• Provide personalized or interest-based advertising to you;
• Conduct market research and analytics;
• Process and deliver contest entries and rewards;
• Bill and for fraud prevention;
• Protect our rights or our property and to ensure the technical functionality and security of the Service;
• To carry out our obligations and to enforce our rights arising from any contracts we have entered, including, but not limited to, any contracts between you and us; and
• Comply with applicable law, assist law enforcement, and to respond to regulatory or other legal inquiries.

 

How We Share or Disclose YOUR INFORMATION.

(a)   Our Third Party Service Providers.

We transfer information, to our third party service providers to perform tasks on our behalf and to assist us in providing our Services. For example, we may share your information with service providers who assist us in performing core functions (such as hosting, marketing, payment processing, technical support, data storage, and security) related to our operation of the Service and/or by making certain interactive tools available to you as a user. We also use third parties for technical and customer support, application development, tracking and reporting functions, quality assurance, and other services. In the performance of our Service, we may share information from or about you with these third parties so that we can deliver the highest quality user experience.

(b)   Advertisers.

From time-to-time, we engage advertising services to assist us in advertising our brand and Service based upon your interests and in order to display content that is relevant to you (“Interest-Based Advertising”). Those services may target advertisements on our website as well as third-party websites based on cookies or other information indicating previous interaction with our Service. These third parties may collect information from your use of our Services over time and that information may be combined with information collected about you across different websites and online services. These third party advertisers may be participants in the Network Advertising Initiative and/or the Digital Advertising Alliance, which allow users to opt-out of ad targeting from participating organizations. To learn more about interest-based advertising, or to opt-out of having your information used by certain third parties for behavioral advertising purposes, go to www.aboutads.info/choices or http://www.networkadvertising.org/choices/.

Please note that when you opt-out of receiving interest based advertising, this does not mean you will no longer see advertisements from us.

(c)    Aggregated or Deidentified Information.

To better serve our users, business partners, and to improve our Service, we may conduct research on user demographics, interests and behavior or engage in other activities based on identifiable personal information and/or information that we aggregate or de-identify.  Aggregated or de-identified information is not considered personal information and does not identify a user personally.  We may share this aggregated or de-identified information with our affiliates, agents, business partners, and/or other third parties.

(d)   Business Partners.

From time to time, we may partner with other companies to jointly offer products or services (e.g., Rosie, Instacart, Wufoo, etc.). If you purchase or specifically express interest in a jointly-offered product or service from us, we may share information collected in connection with your purchase or expression of interest with our joint promotion partner(s). We do not control our business partners’ use of the information we collect, and their use of the information will be in accordance with their own privacy policies.

(e)    Internally.

We may share your information with our affiliates.

(f)    In the Event of Merger, Sale, or Change of Control.

We may transfer or assign this Privacy Policy and any information to a third party entity that acquires or is merged with us as part of the evaluation of an entry into such transactions, or in the course of a merger, acquisition, sale, or other change of control (such as the result of a bankruptcy proceeding).

(g)   With Your Consent.

At your direction or request, or when you otherwise consent, we may share your information.

(h)   Other Disclosures.

We may disclose information about you if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our Terms of Use or other applicable agreements, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of NFI, our users, or the public.

Retention.

We reserve the right to retain any information as long as it is needed to: (i) fulfill the purposes for which we collected the information, and (ii) comply with applicable law.

Data Security.

We take the protection of your information seriously and take reasonable and appropriate physical, administrative, and technical measures to protect the information collected through our Site. While we implement commercially reasonable security measures to protect your privacy, please keep in mind that the Internet is not a 100% secure medium for communication, and we cannot guarantee that the information collected about you will always remain private when using our Site and/or Services. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.

email communicationS.

You may choose not to receive future promotional or advertising emails from us by selecting an unsubscribe link at the bottom of each email that you receive from us. Additionally, you may send a request specifying your communications preferences to maxcardhotline@niemannfoods.com. You cannot opt out of receiving transactional emails related to the performance of our services. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any “Contact” request as well as administrative, maintenance and operational emails (for example, in connection with a password reset request).

Children's Privacy.

Our Service is not intended for or directed to individuals under 16 years of age, and we do not knowingly collect any personal information from children under the age of 16. When a user discloses personal information on our Service, the user is representing to us that he or she is at least sixteen (16) years of age.

LINKS TO OTHER SITES.

Our Site may include links to other third party websites as a convenience to you. If you click on one of those links you will be taken to websites we do not control, and this Privacy Policy does not apply to those third party websites. For example, we offer grocery delivery services through Rosie and Instacart, each of which has its own Privacy Policy that also applies to such services, available, respectively, at https://www.rosieapp.com/privacy/  https://www.instacart.com/privacy. The inclusion of any link does not imply our endorsement of any other company, its site(s), or its product(s) and/or service(s). We are not responsible for the privacy practices or content of any other site.

lOCATION-bASED sERVICES.

Where you have opted in to sharing your location information, we may use various technologies to collect your information as described in this Privacy Policy to provide you with location-based services and content, including for marketing purposes. You can opt-out from further allowing us to access your location data, by adjusting the permissions in your mobile device.

SOCIAL MEDIA, ADS, and plug-ins.

We engage with guests on multiple social media platforms (e.g., Facebook, Instagram, TikTok, LinkedIn, and Twitter). On certain social media platform you have the ability to contact us, request guest service via social media, or otherwise direct us to communicate with you via social media. In addition, we may contact you via direct message or use other social media tools to interact with you. In these instances, your interactions with us are governed by this privacy policy as well as the privacy policy of the social media platform you use.

We may display targeted ads to you through social media platforms and other websites. These ads are sent to groups of people who share traits such as likely commercial interests and demographics.

 

Our online services may use social media plug-ins (e.g., the Facebook "Like" button, "Share to Twitter" button) to enable you to easily interact with certain social media websites (e.g., Facebook, Twitter, TikTok, and Instagram) and share information with others.  When you visit our online services, the operators of the available social media plugins can place a cookie on your device enabling such operators to recognize individuals who have previously visited our online services.  If you are logged into these social media websites while visiting our online services, the social media plugins allow the relevant social media websites to receive information that you have visited our online services or other information.  The social media plugins also allow the applicable social media websites to share information about your activities on our online services with other users of the social media website.  For example, Facebook Social Plugins allow Facebook to show your "Likes" and comments on our online services to your Facebook friends.  Facebook Social Plugins also allow you to see your friends' Facebook activity on our online services.  We do not control any of the content from the social media plugins.