Privacy Statement

This Privacy Policy governs your use of the Fairway web sites, web pages, interactive features, applications, blogs, software, tools, mobile applications, Facebook, Twitter or other social networking Fairway sites, and their respective contents, and other online wireless offerings that post a link to this Privacy Policy, whether accessed via computer, mobile device or other technology (the “Sites”). By visiting the Sites, and/or using the services offered on or through the Sites, you agree to the terms of this Privacy Policy as they may be amended from time to time. As we update and expand our services, this Privacy Policy may change, so check back to this page from time to time. This Privacy Policy is incorporated into, and part of, the Fairway Terms and Conditions, which governs your use of the Sites in general. The Sites are intended for users who are located in the United States of America, and shall be interpreted under the laws of the United States.

Purpose

Your privacy is a serious matter to us. In order to make your visits to the Sites and use of the services available through the Sites as worthwhile as possible, we may ask you for Personal Information and we may collect certain information from your computer, mobile device or other internet compatible device each time you visit us. “Personal Information” includes, for example, your name; home and/or business address; e-mail address; telephone, wireless and/or fax number; short message service or text message address or other wireless device address; instant messaging address; credit card and other payment information; demographic information and/or other information that may identify you as an individual or allow online or offline contact with you as an individual. This privacy statement explains, in general, what Personal Information and other information is collected on the Sites, how the information is used, and with whom we may share such information. Please take a few minutes to read our Privacy Policy so that you understand how Fairway treats your information.

Right to Opt Out

You have the right to “opt-out” of certain of our uses of your Personal Information. For example, at the time you are requested to provide Personal Information on the Sites, you may have the opportunity to elect to, or not to: (1) receive correspondence from us, or (2) have your Personal Information shared with other entities for their marketing purposes. (We will not share, sell or trade your Personal Information with other entities outside of The Fairway Family for their marketing purposes without your permission. See the “Do We Share Personal Information and Web Site Usage Information with Others?” section below for more information about our data sharing practices.)

You may also opt-out of Fairway’s promotional e-mails by clicking on an opt-out link within the e-mail you receive. Please understand that if you opt-out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us. Also, a request to have us stop sharing your Personal Information with other entities for marketing purposes will only apply as of the date of your request, and we will not be responsible for any communications that you may receive from entities that received your Personal Information prior to such request. In these cases, please contact that entity directly.

What Information is collected on the Sites?

User-Provided Information

We collect Personal Information from users of the Sites, for example, through such users’ activities, transactions and completion of online forms on the Sites. Such information is collected, for example, when users register or subscribe for accounts, electronic newsletters or other features on the Sites, make online purchases, enter any sweepstakes and/or contests, complete surveys, contribute to an open forum that we may make available on or through the Sites, submit a comment or question to us using a “contact us” or similar feature on the Sites, send us an e-mail, or in any other way submit Personal Information to us via the Sites.

You may be able to send information about our products and services to your friends and family members through the Sites by clicking on an “E-mail to Friend”, social media share feature or similar button on the Sites or in an e-mail that we have sent you. In some of these cases (unless you simply forward our e-mail on your own), you may provide the name and e-mail address of your friend or family member to us. Such information will be treated in accordance with this Privacy Policy and applicable law.

You may also be able to send an online card to a friend or family member, or send them a gift or gift certificate. If so, you may be required to provide us with your friend’s or family member’s Personal Information. Such information will be treated in accordance with this Privacy Policy and applicable law.

Web Site Usage Information

Cookies

We may use “cookies” to keep, and sometimes track, information about you. Cookies are small data files that are sent to your browser or related software from a web server and stored on your computer’s hard drive. Cookies track where you travel on the Sites and what you look at and purchase. They may store the information in your shopping cart, and/or your username and/or password. A cookie may enable us to relate your use of the Sites to other information about you, including your Personal Information. All of these purposes serve to improve and personalize your experience on the Sites, to determine which areas and features of the Sites are most popular, and to make improvements and updates to enhance the experience on the Sites.

Most web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. Additionally, if you have a Flash player installed on our computer, your Flash player can be set to reject or delete Flash cookies. However, refusing a cookie may, in some cases, preclude you from using, or negatively impact the display or function of, the Sites or certain areas or features of the Sites including preventing you from purchasing products from the Sites.

Clear GIFs

We may use “clear GIFs” (aka “web beacons” or “pixel tags”) or similar technologies, in the Sites and/or in our communications with you to enable us to know whether you have visited a web page or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual’s viewing or receipt of a web page or message. A clear gif may enable us to relate your viewing or receipt of a web page or message to other information about you, including your Personal Information.

IP Address and Clickstream Data

Our server automatically collects data about your server’s Internet address when you visit us. This information, known as an Internet Protocol address, or IP Address, is a number that’s automatically assigned to your computer by your Internet service provider whenever you’re on the Internet. When you request pages from the Sites, our servers may log your IP Address and sometimes your domain name. Our server may also record the referring page that linked you to us (e.g., another web site or a search engine); the pages you visit on the Sites; the web site you visit after the Sites; the ads you see and/or click on; your product interests and purchases; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on the Sites or a referral site; and other web usage activity and data logged by our web servers. We use this information for internal system administration, to help diagnose problems with our server, and to administer the Sites. Such information may also be used to gather broad demographic information, such as country of origin and Internet Service Provider. We may also link this information with your Personal Information.

Any or all of these activities with regard to Web Site Usage Information may be performed on our behalf by our services providers.

How is the Personal Information used?

We will use the Personal Information you provide on the Sites, for example, to respond to your requests and to provide you with our product and service offerings. For example, we will process your orders, respond to your requests and inquiries and provide you with the products, services and features offered on or through the Sites. We may also use your Personal Information to help us develop and improve the Sites, tailor the Sites to your interests, and maintain our internal record keeping. We may match information collected from you through different means or at different times, including both Personal Information and Web Site Usage Information, and use such information along with information obtained from other sources, including third parties. In addition, we may send you notices (for example, in the form of e-mails, mailings, and the like), and otherwise correspond with you, about products, services, companies, coupons, promotions, contests and events, sponsored by us and others, that we think might interest you. Fairway may offer electronic newsletters and e-mails as a service to our users. You will only receive a newsletter or promotional e-mail from Fairway if you agree during registration, or during your other activities on or through the Sites, or using our newsletter sign up form, to receive these items. Unsubscribe instructions are included in each electronic newsletter and e-mail. You may opt-out of receiving such notices from us by following the instructions in the Right to Opt Out section above.

We may analyze user behavior as a measure of interest in, and use of, the Sites and e-mails, both on an individual basis and in the aggregate.

Do we share Personal Information and Web Site Usage information with others?

The Fairway Family

We, together with our affiliates, are collectively referred to in this Privacy Policy as “The Fairway Family.” Unless you instruct us otherwise as described in the Right to Opt Out section above, we may share your Personal Information and Web Site Usage Information among The Fairway Family, both for business purposes and for advertising and promotional purposes.

Co-sponsored Contests, Sweepstakes and Offerings

Some of our contests, sweepstakes and other offerings that we may make available on or through the Sites from time to time may be co-sponsored by another company. In those situations, the information we obtain from you in connection with such contest, sweepstake or offering may be shared with our co-sponsor, unless you instruct us not to by following the instructions in the Right to Opt Out section. In those situations, our co-sponsors will have the right to use your information for their own purposes, in accordance with their own policies. We are not responsible for how our co-sponsors may use your information.

Service Providers

Currently, we use a third party partner to provide our e-commerce solution, and we may use other third party partners to help operate the Sites and deliver our products and services. We may share your information with our third party e-commerce solution partner, our affiliates, service providers and other third parties that provide products or services for or through the Sites or for our business (such as web site or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, distribution companies, fulfillment companies, and other similar service providers that use such information on our behalf). We require our service providers to maintain the confidentiality of your Personal Information.

Aggregate Statistics

We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, the Sites and e-mails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user. Aggregate information is non-personally identifiable/anonymous information about you, such as age, gender, types of products purchased, pages you access most frequently or search terms you enter. Aggregate information is used in a collective manner, and no single person can be identified by that compiled information. For example, the number of people who visit the Sites who are 25 years of age is aggregate information that does not personally identify a specific user.

Legally Compelled Disclosures

We may disclose user information to government authorities, and to other third parties when compelled to do so by government authorities, at our discretion, or otherwise as required by law in our good faith belief, including but not limited to in response to court orders and subpoenas and as otherwise required in connection with a judicial or government proceeding or legal process. We also may disclose user information when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the Sites, or anyone else that could be harmed by such activities. Fairway cooperates with law enforcement inquiries and other third parties to enforce laws, intellectual property rights and other rights.

Business Transfer

In the event that Fairway, any entity of The Fairway Family, or substantially all of its assets, are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, Personal Information may be one of the transferred assets.

Third Party Ad Servers

We may use third-party advertising companies to serve ads when you visit the Sites. If so, a list of these ad-serving companies will be available here. These companies may use information (generally not including your name, address email address or telephone number) about your visits to this and other web sites in order to provide advertisements about goods and services of interest to you. These companies may employ cookies and clear gifs to measure advertising effectiveness. Any information that these third parties collect via cookies and clear gifs is generally not personally identifiable (unless, for example, you provide personally identifiable information to them through an ad or e-mail message). We encourage you to read these businesses’ privacy policies if you should have any concerns about how they will care for your Personal Information. If you would like more information about this practice and to know your choices about not having this information used by these companies, see the Network Advertising Initiative’s consumer web site at http://www.networkadvertising.org/consumer/.

Wireless Addresses

If the email address you provide to us is a wireless email address, you agree to receive messages at such address from Fairway and the rest of The Fairway Family (unless and until you have elected not to receive such messages by following the instructions in the Right to Opt Out section above). You understand that your wireless carrier’s standard rates apply to these messages, and that you may change your mind at any time by following the instructions in the Right to Opt Out section above. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.

Your Access Rights

You may review the Personal Information that is stored in your user account on the Sites by emailing your request to our customer service department at info@fairwaymarket.com. We will send you a copy of the Personal Information we have on file in your user account (if any). You may provide us new or updated information at any time. We will endeavor to respond to your request to access, update or delete your information as soon as practicable. Before we are able to provide you with any information, correct any inaccuracies or delete any information, however, we may ask you to verify your identity and to provide other details to help us to respond to your request.

Security

Protecting your information is a priority for Fairway. We will take reasonable steps to protect the security and integrity of all Personal Information provided to the Sites. For example, we use industry standard Secure Socket Layer (SSL) technology to protect the security of your sensitive online transactions. However, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. No transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Fairway to intercept or access transmissions or private communications unlawfully. While we strive to protect your personal information, Fairway cannot ensure or warrant the security of any information you transmit to us. Any such transmission is done at your own risk.

If you contact us by e-mail, you should be aware that your transmission might not be secure. A third party could view information you send by these methods in transit.

You may be able to create an account on the Sites with a username and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Sites by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify Fairway of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify Fairway when you desire to cancel your account on the Sites. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision, and you agree to indemnify and hold harmless Fairway and other members of The Fairway Family for any improper, unauthorized or illegal use of your account.

We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.

In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification.

Phishing

With identity theft a continuing problem, it has become increasingly common for unauthorized individuals to send e-mail messages to consumers, purporting to represent a legitimate company such as a bank or on-line merchant, requesting that the consumer provide personal, often sensitive information. Sometimes, the domain name of the e-mail address from which the e-mail appears to have been sent, and the domain name of the web site requesting such information, appears to be the domain name of a legitimate, trusted company. In reality, such sensitive information is received by an unauthorized individual to be used for purposes of identity theft. This illegal activity has come to be known as “phishing.”

If you receive an e-mail or other correspondence requesting that you provide any sensitive information (including your password or credit card information) via e-mail or to a web site that does not seem to be affiliated with the Sites, or that otherwise seems suspicious to you, please do not provide such information, and report such request to us by sending an email to info@fairwaymarket.com.

Children and Privacy

Fairway is concerned about the safety of children when they use the Internet. We encourage parents and guardians to spend time with their children online and to be familiar with the sites their children visit. We will never knowingly request personally identifiable information from anyone under the age of 13 without prior verifiable parental consent when legally required. If we become aware that a customer is under the age of 13 and has registered without the legally required prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files.

Consent to Processing

The Sites are hosted and operated in the United States, pursuant to United States law. By providing Personal Information to the Sites, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories.

Third Party “Linked-To” Web Sites

When you are on the Sites you may have the opportunity to visit, or link to, other sites not operated by Fairway, including other web sites operated by unaffiliated third parties. These sites may collect Personal Information about you. Fairway does not control sites that are operated by these entities and is not responsible for the information practices of these sites. This Privacy Policy does not address the information practices of those other web sites.

Changes to this Privacy Policy

Fairway reserves the right to change or update this Privacy Policy, or any other of our policies or practices, at any time, and will notify users of the Sites by posting such changed or updated Privacy Policy on this page. Any changes or updates will be effective immediately upon posting to the Sites. Under certain circumstances (for example, if we would like to use your Personal Information in a manner different from that stated in our Privacy Policy at the time of collection), we may also elect to notify you of changes or updates to our Privacy Policy by additional means, such as by sending you an e-mail.

Contact Us

If you have any questions or comments regarding our privacy practices, you may contact us at info@fairwaymarket.com

Updated:  September 2013