Tony’s Finer Foods Enterprises, LLC

Privacy Policy

Last Updated: December 28, 2022

Tony’s Finer Foods Enterprises, LLC and its affiliates (“Tony’s” “we,” “us,” or “our”) respect your privacy and are committed to protecting the privacy and security of personal information.  This Privacy Policy (“Privacy Policy”) describes what Personal Information (further described below) Tony’s collects, how that information is used, to whom it is disclosed, how it is safeguarded, and the choices you may have regarding the collection and use of such information.

We collect data from users of our website https://www.tonysfreshmarket.com/ (“Website”);  from individuals who contact us online, by telephone or electronic means, or in person; from individuals who visit our facilities or operations; from individuals who attend events organized or hosted by us; from our customers or prospective customers (where these are natural persons) or their employees, agents, and representatives; and about others who express an interest in us or with whom we carry on business, including through our Website, our supermarkets and other facilities, and through our money services business; from individuals who create profiles or accounts on our Website; from customers who place online orders on our Website, including online payment processing; and from individuals who participate in any of our contests, sweepstakes, giveaways, or promotions (collectively, our Website and our foregoing activities and business operations are referred to in this Privacy Policy as our “Services” and the individuals about whom we collect data are referred to as “you” and “your”).

This Privacy Policy applies to Personal Information collected via the Services. Please note that this Privacy Policy does not apply to information collected strictly in the context of business-to-business relationships or transactions.

This notice applies to information we collect:

  • On our Website.
  • In email, text, and other electronic communications between you and us, including between you and our Website and you and our social media pages.
  • When you register or create an account or profile for online promotions or participate in rewards or loyalty programs, online programs, surveys, or other transactions or activities.
  • Through or as a result of your entry upon any of our facilities or in connection with our operations, or attendance at an event organized or hosted by us.
  • As a result of any sales, purchases, or other transactions made through us, including our Website, supermarkets, our money services business, or any of the Services, or through a third-party ordering or delivery service.
  • When you use or visit any of the Services.
  • From any paper submitted by you to us offline.
  • From any entry into any contest, sweepstakes, promotion or giveaway by us or jointly with our promotional partners, or information submitted as part of any verification of claim paperwork when redeeming a prize.  

 

This notice does not apply to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from or on our Website.

We are based in the United States.  When we obtain Personal Information about you, we may transfer, process, and store such Personal Information in the United States.   By using the Services, you consent to the transfer to, and to the processing and storage of such Personal Information in the United States, which may be outside your country of residence and may have different data protection laws than those in the country in which you reside.

Please review this Privacy Policy carefully and, if you have any questions about it or our practices, please contact us as set forth in the Contact Us section below. By using or accessing the Services, you consent to and accept the terms set forth in this Privacy Policy.  If you do not agree with our policies and practices, your choice is not to use our Website, our Services, or submit information to us.  By accessing or using our Website or our Services and/or submitting information to us, you agree with this Privacy Policy.  This Privacy Policy may change from time to time (see Changes to Our Privacy Policy).  Your continued use of our Website, the Services, and/or provision of information to us after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.

Collection of Information

Information We Collect

The term “Personal Information” when used in this Privacy Policy means, in each case, information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household, or device.  In particular, Tony’s collects from its consumers the following categories of Personal Information:

  • Personal identifiers you provide when you provide information for orders or registration via our Website, when you visit our facilities or operations, transact business with us, enter a contest or sweepstakes run by us, or otherwise use the Services, including your first and last name (or first initial with last name, or first name with last initial), alias, address, username or email address (and/or accompanying password or security question), telephone number, date of birth, social security number, driver’s license number or state identification card number, fingerprint(s), gender, account name, account number, credit card number, debit card number, security or access codes, medical information, health insurance information, online identifier, or any personal identifiers you provide to us when communicating with us.
  • Transaction information you provide when you make a purchase from us, transact business with us, or use any of the Services, such as your first and last name (or first initial with last name, or first name with last initial), alias, address, telephone number, username or email address  (and/or accompanying password or security question), and payment or financial information (including but not limited to account names, account numbers, credit card numbers, debit card numbers, and/or security or access codes).
  • Financial information you provide for payment information when you make a purchase from us, transact business with us, enter a contest or sweepstakes run by us, or use any of the Services, such as your first and last name (or first initial with last name, or first name with last initial), social security number, account name, bank account number, debit card number, credit card number, and/or security or access codes, and tax information.
  • Records of commercial information such as your current and historical point-of-sale transactions and products purchased from us.
  • Internet connectivity, usage, and activity information about your use, and the use by any person(s) you authorize, of our Website, including the content you view, browser device and type, unique device identifier and/or Internet Protocol (IP) address, and information about your interactions with our Website – including traffic patterns of the Website, rewards/loyalty accounts and viewing of offerings for sale on our Website.
  • Location information, including information about the local Tony’s supermarket where you prefer to shop and geolocation information provided through our Website’s server logs and through Google Analytics for our Website by your device interacting with our Website, or associated with your Internet Protocol (IP) address, where we are permitted by law to process this information.
  •  Observations captured on general business security video surveillance at our facilities and operations and within our properties for the security and safety of our employees, customers, operations, assets, resources, and communities.
  • Demographic information, professional or employment-related information, work history, qualification/training information, education information, and any other information you voluntarily choose to provide.

 

We also capture anonymous information which means information that does not identify a specific individual through the use of cookies and website analytics:  

  • Internet or other electronic network activity information, including, but not limited to, IP addresses, browsing history, search history, cookies, information about your interaction with our Website, and geolocation data.  

 

Personal information does NOT include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • Information otherwise excluded by Illinois and/or Federal law.

How We Collect Your Information

We, or a service provider on our behalf, collect the categories of Personal Information about you via the information you voluntarily provide us when using or accessing the Services from the following categories of sources:

  • Directly from you.  We collect information you provide to us when you inquire about our goods or services; register with us; subscribe to our mailing list or mobile messaging programs; sign up to receive special offers or coupons, submit entry forms for our sweepstakes or contests; apply for a job through our career portal; place orders; participate in rewards programs, online programs, surveys, or other transactions or activities; through the billing and contact information you provide to us; communicate or otherwise interact with us through telephone, email or other electronic communication; through the use of our Website, the Services, our social media pages, or in person.
  • Indirectly from you.  We collect information from you, your household, or devices associated with you or your household through your use and actions on our Website, persistent cookies on our Website, and third-party analytics for our Website, as well as publicly available sources of information.

 

Automatically Collected Information

We, or a service provider that operates the Services or any features therein, collects, stores, and process Personal Information that is automatically collected when you use or access the Services.  We (or such service provider) automatically collect Internet protocol (IP) address information (e.g., browser type and date/time stamp) when you access the Services.   It is possible that we (or such service provider) would be able to identify you by a combination of your IP address and other information.  

Note that we, or a third party on our behalf (e.g., Google Analytics), may use “cookies” technology when you use or access the Services. Cookies are small text files that store information such as your preferences and account settings on your computer’s hard drive. We use session cookies for a streamlined and user-friendly experience on our Website. Our Website utilizes both session ID cookies and/or persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time, unless you remove the cookie in the manner determined by your particular Internet browser. Disabling the cookie function for your Internet browser will restrict the online services you can use on our Website. Tony’s may use cookies to enable simplifying the log-in process for registered users, to help ensure the security and authenticity of registered users, to provide the mechanisms for online shopping and to enable traffic monitoring. 

We may also use Facebook pixel tags (tiny graphics with a unique identifier that are placed in the code of a webpage), clear gifts from Google Analytics or other similar tracking technologies from third parties and third party vendors, with the Services and marketing efforts.

Other Information

We may obtain information about you from other interactions you have with us outside of the Services, such as your in-store transaction history, customer service phone calls or in-store money transfer services.  We may also obtain information about you from (i) third parties collecting such information on our behalf (e.g., via customer service surveys or third-party grocery delivery and pick-up services with which we partner), (ii) other third parties (e.g., demographic marketing information, address verification, or mailing list information) or (iii) data we obtained from prior mergers or acquisitions. We may combine such information with other Personal Information pertaining to you that we collect from the Services.

Information Pertaining To Children

The Services are not directed to, and we do not intend to, or knowingly, collect Personal Information online from, children under the age of 13.  If we learn or have reason to suspect that a user of the Services is under the age of 13, we will take reasonable steps to protect the confidentiality, security, and integrity of any Personal Information obtained from children under the age of 13 and promptly delete any Personal Information obtained from that user.

Use of Personal Information

We, or our service providers on our behalf, may use Personal Information for one or more of the following business purposes:

  • To fulfill or meet the reason you provided the information.  For example, if you share your name and contact information to ask a question about our products or services, or communicate with us through email, our Website, our social media pages, or by telephone, we will use that Personal Information to respond to your requests or inquiries and communicate with you.  If you provide your Personal Information to make a purchase, we will use that information to process your payment and facilitate delivery or otherwise complete the purchase.  We may also save your information to facilitate new purchases by you or process your requests.
  • To have a means of communicating with you about transactions with us and send you information or request feedback about your purchases, the Services, and features on our Website, or changes to our policies.
  • Delivering weekly ads, coupons, promotions, circulars or other marketing updates (including any email or mobile messaging programs which may be implemented at any time).
  • Inviting you to participate in our market research surveys, focus groups, giveaways, promotions, sweepstakes or contests.
  • Providing you with special offers, coupons or promotions and special events invitations.
  • Offering you opportunities to become a brand ambassador for Tony’s via social media, sign up for a potential future loyalty program or visit any e-commerce website we may operate.
  • Operating an online grocery delivery, pick-up or catering service.
  • If you submitted your Personal Information in connection with a job application, evaluating that application and related materials you submit or that we are able to obtain, including for purposes of reference checking, in connection with making an employment decision.
  • Managing and improving the Services’ ongoing operation, including maintaining the security of the Services.
  • Tracking information about usage trends and user activities online over time and conducting analytics to improve the Services’ operation and services.
  • Serving you with advertisements that may be relevant to you and your interests.
  • Creating aggregated or anonymized information for analytical and statistical purposes.
  • Complying with applicable law or legal process (e.g., a search warrant, subpoena, or court order), subject to applicable legal requirements.
  • Verifying and validating your identity or otherwise detecting, preventing, investigating, or providing notice of fraud, unlawful or criminal activity, or activities that may violate our policies.
  • Enforcing our agreements and protecting or defending our rights pursuant to applicable law.
  • As described to you when collecting your Personal Information or as otherwise set forth in applicable Illinois and federal laws.
  • Administering and managing any sweepstakes or contests in which you may enter, including to enable you to participate in any contest, drawing, promotion, or sweepstakes by us and be eligible to claim a prize, and for us to contact you regarding your eligibility or entries.

 

Tony’s will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Disclosure of Personal Information

Tony’s does not disclose, share, or sell your Personal Information to any third parties for any monetary or commercial benefit.

You consent that we may disclose Personal Information described above to our affiliates, business partners, and certain third parties (including regulatory bodies, law  enforcement or service providers) under one or more of the circumstances described below:  We may also disclose names of prize winners in our sweepstakes or contests to the public when requested, when required by law, or for promotional or advertising purposes to the extent permitted by applicable law.  

As Required by Law – if we are required by applicable law to disclose the information;

As Authorized – if you request or authorize the disclosure of the information; and

To Service Providers– if we use service providers, such as (i) social media platforms (e.g., Facebook, Instagram, YouTube or Twitter) integrated into the Services, (ii) the online career portal operated by Talent Reef or ADP, (iii) analytics providers, (iv) sweepstakes or contest management platforms (e.g., ShortStack or International Scholarship and Tuition Services) or apps, (v) market researchers, (vi) email subscription management platforms and applications (e.g., Flipp or Mail Chimp), (vii) third-party data centers and storage providers or (viii) other service providers engaged to perform services on our behalf (including web hosting and mobile messaging administration ). All Personal Information you provide to such service providers is subject to the privacy policy or notice of such service providers. We may also share your personal information with third parties in accordance with contractual arrangements in place with them.

As Part of Certain Business Transfers – We may disclose Personal Information in connection with a corporate business transaction, such as a potential or consummated merger, acquisition, or joint venture, or for the financing or sale of our assets and could be transferred to another party as one of the business assets in such a transaction. It may also be disclosed in the event of insolvency, bankruptcy, or receivership.

As Permitted by Law – Pursuant to applicable law, we may also disclose Personal Information in other circumstances, including to law enforcement or other government agencies, tax authorities, applicable regulators (or in response to requests from such parties), in the context of litigation or when we otherwise believe in good faith that such disclosure is necessary or appropriate in connection with any activity that violates law.  If a law enforcement or government agency requests Personal Information, we will take reasonable measures to ensure the confidentiality, integrity, and security of such information during transmission and to limit any production of such information to information responsive to the law enforcement or government agency request.

Security of Personal Information

We restrict access to Personal Information in our possession solely to those employees, business partners, or affiliates of Tony’s who need to know that information to provide Services to you and may disclose Personal Information to third parties as set out above.  We require that these entities otherwise keep this information confidential, handle it in accordance with applicable law and implement appropriate and reasonable technical and organizational measures to protect it. We maintain reasonable physical, electronic, and procedural safeguards that comply with applicable laws and regulations to guard Personal Information. Additionally, when submitting order forms or completing online payments on our Website, we encrypt that information using secure socket layer technology (SSL).

The transmission of information via the Internet is not completely secure and we cannot guarantee the absolute security of our servers or databases or those of our service providers.  However, we will use reasonable security measures as to the foregoing.  Your use or access of the Services and any transmission of Personal Information through the Services is at your own risk.

Should any breach of security occur, we will follow all notification procedures as required by applicable law.

Our Website May Have Third Party Links

Our Website may have links to third-party content. We do not control that content or the third party’s privacy practices. We encourage you to read their privacy policies to understand how they use your information.

Retention

We endeavor to ensure that Personal Information is kept as current as possible and that irrelevant or excessive data is deleted and made unreadable, unusable, and undecipherable as soon as reasonably practicable. You consent to the fact that we may contract with a third party to delete (and/or make unreadable, unusable, and undecipherable) any Personal Information.  We will retain Personal Information for as long as we determine is required to satisfy the purpose for which we, or a third party on our behalf, collected it or you provided it to us, subject to your right, under certain circumstances, to have certain of such Personal Information erased, unless a longer period is required under applicable law or is needed to resolve disputes or protect our legal rights subject to any statutory limitation.  Pursuant to applicable law, we may decide to retain some Personal Information for varying time periods in order to comply with legal and regulatory obligations and for other legitimate business reasons.

Updates to this Privacy Policy

This Privacy Policy is subject to occasional revision. If we make any material changes in the way we use Personal Information, including if we intend to use Personal Information that we collected for one purpose for any other purpose not otherwise permitted by this Privacy Policy, we will either notify you of such changes via email and post the updated Privacy Policy on this page or, where required by law, we will obtain your express consent to use Personal Information for such other purpose. Changes to this Privacy Policy will be effective immediately upon posting.  Your use of the Services after the posting of such changes will bind you to the Privacy Policy as so amended.

Contact Us

If you have any questions, comments, requests or concerns about this Privacy Policy or other privacy-related matters, or wish to exercise your rights under applicable law, you may contact us at:

Tony’s Finer Foods Enterprises, LLC
2501 East Guasti Rd.
Ontario, CA 91761
Privacy Inquiries: https://www.lighthouse-services.com/tonysfreshmarket

Toll-free Number: (855) 550-0007

In connection with any privacy-related requests you submit to us in exercising rights to which you are entitled under applicable law, we will undertake steps to verify your identity. We may ask you to provide information that we have on file about you or, if the request is submitted in writing or electronically, we may contact you via another method (e.g., telephone) to verify your identity. We will only use Personal Information provided in a request to verify the requestor’s identity and authority to make the request and we will maintain a record of any such requests as required by law.