Effective January 1, 2020.
Your privacy is important to King Kullen Grocery Co., Inc. and our subsidiaries and affiliates (“King Kullen,” “Publisher,” “us,” “our,” or “we”). We respect your preferences concerning the treatment of any Personal Information that we may collect. This policy explains how we collect and use your Personal Information, how you can control its use, and it describes our practices regarding information collected from King Kullen sites that link or refer to this policy (such as our websites, software applications, social media pages, and HTML-formatted e-mail messages), as well as through offline sales and marketing activities (collectively, the “Content”). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
- A User’s Personal Information, as well as information relating to a User’s navigation, are collected, processed, and used; and
- The User can control how his or her information is used.
The head of the collection of Personal Information is King Kullen, 12000 Biscayne Boulevard, Suite 600, Miami, FL 33181.
Use of the Site and software applications associated with the Site (collectively, the “Services”) is pursuant to the terms and conditions of this Policy.
What Information We Collect
Through your interaction with and use of the Content, King Kullen may collect personal information, which is information that identifies an individual or relates to an identifiable individual. Personal information allows identification directly or indirectly (e.g., by cross-checking information) of the User as a physical person. Personal Information may include, but is not limited to:
- your name
- physical address
- telephone number
- e-mail address
- company affiliation
- associated interests
King Kullen may also collect other information through your interaction with and use of the Content, which does not reveal your specific identity or does not directly relate to an individual (“Other Information”). Other Information may include, but is not limited to:
- data collected through automated electronic interactions
- navigation on the Site
- browser and device information
- application usage data
- demographic information
- geographic or geo-location information
- data that the Publisher collects when a User uses the Services or the pages of social networks that are related to the Site
- and statistical and aggregated information
Public data, namely the data made public by the User on a social network account linked to their account for the Services, may also be identified.
Statistical or aggregated information does not directly identify a specific person, but it may be derived from Personal Information. We may also combine Other Information with Personal Information, in which case we will treat the combined information as Personal Information. Likewise, information regarding navigation does not reveal the identity of the User, but it allows the Publisher to learn more about the User’s behavior regarding the use of the Services (e.g., geolocation, links that the User clicked on the Site, etc.). This, too, when associated with the collection of Personal Information, is treated as Personal Information.
EU-U.S. Privacy Shield
King Kullen sometimes provides personal information to third parties to perform services on our behalf. If we transfer personal information received under the Privacy Shield to a third party, the third party’s access, use, and disclosure of the personal data must also be in compliance with our Privacy Shield obligations, and we will remain liable under the Privacy Shield for any failure to do so by the third party unless we prove we are not responsible for the event giving rise to the damage.
In compliance with the Privacy Shield Principles, King Kullen commits to resolve complaints about our collection or use of your personal information. European Union individuals with inquiries or complaints regarding our Privacy Shield policy should contact us at [email protected]. In certain circumstances, the Privacy Shield Framework provides the right to invoke binding arbitration to resolve complaints not resolved by other means.
King Kullen has further committed to cooperating with the panel established by the EU data protection authorities (DPAs) with regard to unresolved Privacy Shield complaints concerning data transferred from the EU. EU Persons may have the option to select binding arbitration under the Privacy Shield Panel for the resolution of your complaint under certain circumstances. For further information, please see the Privacy Shield website. To learn more about the Privacy Shield Framework at https://www.privacyshield.gov.
King Kullen is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). We may be required to disclose personal information that we handle under the Privacy Shield in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
How We Share and Use Your Information
King Kullen uses Personal Information to operate and improve Content, to fulfill your requests for information, to register your products, to process your job application, to provide service and support, to engage in and process transactions that you have requested, to obtain third-party services, and to comply with legal requirements and corporate transactions. Provided that you expressly agree at the time of the collection of your information, King Kullen may provide you with promotional materials, allow you to participate in contests and surveys, tailor marketing to your needs, and send newsletters, solicitations (e.g., participation in surveys), and informational messages (e.g., information on new articles and upcoming webinars). These uses may include providing you with more effective customer service; making websites or services easier to use by eliminating the need for you to repeatedly enter the same information, by performing research and analysis aimed at improving our products, services and solutions, and for displaying content and advertising that are customized to your interests and preferences.
Also, provided that you expressly agree at the time of the collection of your information, King Kullen may transfer your information to the partners of King Kullen in order to send promotional messages relating to products, services, and offers.
We also use your Personal Information to communicate with you. We may send certain mandatory service communications such as welcome letters, billing reminders, information on technical service issues, and support announcements. Some King Kullen services may send periodic letters that are considered part of the service. We may also contact you to inform you of products or services available from King Kullen.
Existing Personal Information stored in the King Kullen database may be processed on the basis of legitimate interest.
You may withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice. If you wish to withdraw your consent, please contact us in writing at:
We will inform you of the implications of withdrawing consent.
We may use, transfer, and disclose Other Information that we collect for any purpose, except where applicable law requires otherwise. If we are required to treat Other Information as Personal Information under applicable law, then we will only use it in the same way that we are permitted to use and disclose Personal Information.
How We Collect Information
King Kullen and our third party service providers may collect both Personal Information and Other Information from a variety of sources that generally fall into three categories:
- Publicly Available Data/Data from Third Parties:
- data that you may have made publicly available, such as from personal social networks
- data from partners in accordance with the contractual terms binding the publishers of those sites
- data provided by third-party sources, such as marketing opt-in lists, or data aggregators
- Direct Interactions: Data obtained from your use of and/or interaction with us through the Content and other activities, such as:
- account creation
- submission of registrations and forms
- sales inquiries and transactions
- Automated Interactions: Personal Information and data can be obtained through the use of technology, including:
- electronic communication protocols
- embedded URLs or pixels
- or widgets, buttons, and tools
Although King Kullen’s use of automated interactions may change over time as technology evolves, the following descriptions are designed to provide you with additional detail about King Kullen’s current approach to information collected from automated interactions.
Electronic Communications Protocols: King Kullen may automatically receive information from you as part of the communication connection, which often consists of network routing information, equipment information, your IP address, time, and date. King Kullen may also automatically receive and record information about your interaction with the Content, such as clickstream information or general geo-location data.
Cookies: A cookie is a small amount of data, which often includes a unique identifier that is sent to your computer or mobile phone browser from a website’s computer and is stored on your device during the use of the Services. Each website can send its own cookie to your browser if your browser’s preferences allow it, but, to protect your privacy, your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. The cookie, during its use, allows King Kullen to recognize the relevant device at each use of the Services. After the device accesses digital content via the cookies, we can collect additional anonymous information about the behavior, and ultimately, the preferences of the User of the Services, which can allow us to tailor the websites to your interests.
The implementation of cookies on your device(s) is known and accepted from the time when you browse the Site or click on “OK” if a cookie banner exists. Current versions of web browsers offer enhanced user controls regarding the placement and duration of both first- and third-party cookies. Search for “cookies” under your web browser’s Help menu for more information on the cookie management features available to you. These choices can be modified at any time.
Embedded URLs: King Kullen may use a tracking technique that employs embedded URLs to allow use of the electronic Content without cookies. Embedded URLs allow limited information to follow you as you navigate the electronic Content, but they are not associated with Personal Information and are not used beyond the session.
Embedded Pixels and Similar Technologies: On the electronic Content, King Kullen and its service providers may use embedded pixel technologies for the purposes of identifying unique user visits (as opposed to aggregate hits), and for advertising purposes. In addition, embedded pixels or other technologies may be used in e-mails and our online display advertising to provide information on when an e-mail or ad was opened, in order to track marketing campaign responsiveness. Information collected using these technologies may be associated with the recipient’s e-mail address.
Physical Location: We may collect the physical location of your device and use it to provide you with personalized location-based services or content. In some instances, you may be permitted to allow or deny such use of your device’s location, but if you choose to deny such use, we may not be able to provide you with the applicable personalized services or content.
King Kullen retains your Personal Information for as long as reasonably necessary to fulfill the purpose(s) for which it was collected, as well as to comply with applicable laws. Your consent to such purpose(s) remains valid after termination of our relationship with you. Personal User data is deleted when retention periods expire.
Nevertheless, the personal User data will be archived beyond the durations provided, for the purposes of research or for the finding and prosecution of criminal offenses, for the sole purpose of allowing, as needed, the provision of such data to the appropriate authorities. Archiving implies that the personal User data will not be searchable in line, but will be anonymized and kept on an autonomous and secure support.
Information collected through cookies are preserved for a maximum of 13 months from the first deposit in the equipment of the User’s device, following the acceptance of the User.
Notice regarding children’s privacy (Users under the age of 13)
In response to concerns about protecting children’s privacy online, Congress enacted the Children’s Online Privacy Protection Act of 1998 (“COPPA”), which sets forth rules and procedures governing the ways in which websites may collect, use and disclose any personal information for children under the age of 13. In accordance with COPPA regulations, we do not (1) request or knowingly collect personally identifiable information or contact information, online or offline, from users under 13 years of age; or (2) knowingly use or share personal information from users under 13 years of age with third parties.
It is possible that by fraud or deception we may receive information given to us or pertaining to children under 13. If we are notified of this, as soon as we verify the information, we will immediately delete the information from our servers.
Questions regarding children’s privacy should be directed to us at the contact information provided below.
We ask that you not send us, and that you do not share, any sensitive personal information, such as Social Security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership.
How You Can Contact Us or Access to Review and Correct Your Data
King Kullen makes commercially reasonable efforts to keep your files complete, up-to-date, and accurate. If you wish to contact us, access, update, or correct your Personal Information, please contact us at any time at the email address below. All natural persons have the right of access to, and the appropriate ability to update and/or correct, Personal Information, including deletion, limitation, or Personal Information portability. You can contact King Kullen: [email protected].
We do not sell your personal information. However, to opt-out of a possible future sale, please contact us by emailing [email protected].
When you contact us please provide us with your name, address, any email address you have provided to King Kullen, and a description of the circumstances under which you provided the data (e.g., to register a product, to receive a newsletter, etc.). To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections to data we maintain.
King Kullen will regularly review its compliance with this privacy statement. Please feel free to direct any questions or concerns regarding this statement or King Kullen’s treatment of Personal Information by contacting us at the link or address indicated above. When we receive written questions and concerns at this address, it is King Kullen’s policy to contact the individual user regarding his or her concerns. We will investigate and attempt to resolve concerns regarding our use and disclosure of Personal Information in accordance with the principles contained in this statement.
Any concern that cannot be resolved through our internal processes will be settled by arbitration administered by the American Arbitration Association (AAA) in accordance with its applicable commercial rules. The exclusive location for such arbitration shall be Miami, Florida. All decisions of the arbitrator(s) will be final and binding on the parties, which waive any right to further appeal the arbitration award, to the extent an appeal may be lawfully waived.
Changes to this Statement
The Policy can be modified at any time by King Kullen in order to comply with all developments – regulatory, jurisprudential, editorial, or country-specific requirements in which the Site is accessible. If we change this statement, we will post the revised statement here, along with the date of revision. If we make significant changes to the statement, we may also post a notice on our home page. Any changes will apply only from date of the revision. Amended dispute resolution provisions will not apply to any dispute of which the parties had actual notice as of the date of the amendment.
Privacy Notice for California Consumers
California Consumer Privacy Act (“CCPA”)
California consumers, as defined in the CCPA, have specific rights with regard to their personal information. This notice discusses King Kullen’s use of information gathered from California consumers and the rights that California consumers have with regard to such information
Information Collected from California Consumers:
Over the past twelve months, King Kullen may have collected the following information from California consumers:
- Identifiers, such as name, address, email address, and telephone number
- Unique and online identifiers, such as IP address, device IDs, or other similar identifiers
- Characteristics of protected classifications, such as gender, race, or date of birth
- For employment candidates, education and employment history, or other similar identifiers
- Commercial information, such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
- Internet or other electronic network activity information, such as browsing history, browser type, operating system, search history, and information regarding a consumer’s website activity, engagement with an application or advertisement
- Video footage (e.g., at an King Kullen event), audio recordings, photographs, calendar information
- Geolocation information
- Inferences drawn from such information, such as individual profiles and preferences.
King Kullen may have collected this information for the following purposes:
- Performing services on behalf of the business, such as customer service, processing or fulfilling orders, providing service and product recommendations, and processing payments
- Engaging in research and activities to maintain and develop our products and services
- Encouraging and enabling commercial transactions
- Fraud and crime prevention
- Marketing and advertising
- Internal research and analytics
King Kullen may have obtained this information from a variety of sources, including:
- Directly from consumers, including from those filling out contact forms on our website
- From browsing the King Kullen website or via linked sites, such as social media sites
- Third-party sources
- Distributors and other vendors
- Publicly available sources
King Kullen May Share Personal Information
- With partners of King Kullen in order to send promotional messages relating to products, services, and offers
Rights as a California Consumer
To take advantage of your rights as a California consumer, you can contact King Kullen by emailing [email protected].
California consumers have the right to request information regarding King Kullen’s information practices, including the categories of and the that personal information we have collected about you, the categories of sources from which we have collected the information, the business or commercial purpose for which we collected personal information, and the categories of third parties with which we may have shared the personal information.
California consumers have the right to request that King Kullen delete the personal information that we have for them. There are exceptions to this right, including, but not limited to, when the information is required for King Kullen for provide a California consumer with a requested product or service, to fulfill a contract entered into with a California consumer, or as allowed under the law.
California consumers have the right to request that King Kullen not sell their information.
King Kullen will not discriminate against California consumers that have exercised their rights under the CCPA.