365 Retail Markets, LLC (“365”, “we”, “us”, “our”, “AirVend”, “Avanti”, “Company Kitchen”, “Lightspeed”, “Parlevel”,
or “Stockwell”) is committed to protecting your privacy. We collect information through our 365, AirVend, Avanti,
Company Kitchen, Parlevel, and Stockwell websites, mobile applications, and point-of-purchase kiosks (collectively,
the “365 Platforms”). This Privacy Notice explains how 365 and any affiliate and successor entities collects, uses,
and shares your personal information collected via the 365 Platforms.
If you do not agree with this Privacy Notice, please discontinue use of 365 Platforms. This Privacy Notice only
applies to 365 Platforms. It does not apply to third party websites or services linked to 365 Platforms, or offline
activities related to 365.
By using 365 Platforms, you understand that 365 may collect, use, and further disclose your information as explained
in this Privacy Notice. You also agree to the 365 Platforms’ Terms of Service available at
https://www.365retailmarkets.com/consumer-policy.
General
We only process your personal information when we have a lawful basis to do so. For purposes of this Privacy Notice,
“personal information” is defined as information that identifies, or can be used to identify, an individual,
together with any definition for “personal information” or “personal data” provided by applicable law. We collect
personal information from individuals visiting our website, creating 365 accounts through, and making purchases on
or through 365 Platforms.
365 is the controller of personal information that you provide through 365 Platforms. Some jurisdictions require
that we determine a “lawful basis” for processing personal information. Where such requirements exist, our legal
basis for processing your personal information include your consent, fulfilment of a contractual obligation, and
where we have a legitimate interest to process your personal information, provided that our interests do not
outweigh your individual rights and freedoms. Our legitimate interests include:
Investigating, preventing, and protecting against fraud, security risks, threats to you and others, and
violations of this policy;
Verifying your identity and account;
Protecting and defending our rights and properties, including intellectual property;
Complying with laws and regulations that apply to us, as well as responding to requests from law enforcement
or government authorities or as otherwise required by law;
Improving your experiences with our products and services;
Undertaking or contemplating any merger, acquisition, reorganization, sale of assets or other business
transaction;
Understanding and improving our 365 Platforms, user experience, and customer relationships; and
Enabling our business operations.
Where we rely on your permission to process your personal information, you have the right to change, withdraw, or
withhold your consent at any time, however, such withdrawal will not impact the lawfulness of our use of your
personal information based on your consent up to that point.
Personal Information Collection
We collect personal information that you choose to share with us, as well as information provided directly by your
browser or device when you visit the 365 Platforms. The personal information we collect will vary depending on the
365 Platforms you access and how you interact with the 365 Platforms. Note that we may collect personal information
pursuant to a legal or contractual requirement, and failure to provide such information may impact our ability to
fulfill our obligations.
Corporate Websites
When you contact us via the website, we ask for your first and last name, email address, company name, phone
number, and state. We will also collect the content of your message, which will include any additional information
you choose to share with us, and ask you to specify the type of request you are submitting.
We collect this information when you initiate contact with us for the purpose of responding to your communication.
If you request a press kit, we will ask you to provide your name, email, and company. We collect this information
for the purpose of sending you monthly newsletters, which include product updates, industry news, and information
about 365 Retail Markets.
When you apply for a job with 365, we will collect your first and last name, email address, and your preference
for notification about future 365 positions. We collect this information for the purpose of creating an account
with our employment portal, which enables you to apply for jobs and receive notifications when new jobs become
available.
After creating an account, we collect your contact information (including telephone number), email and address,
and details about your work experience and education. You may also choose to complete our voluntary
self-identification form, which includes information about your ethnicity, sex, and immigration, disability, and
veteran status. We will only collect this information if you choose to complete the form. We will also collect any
information you disclose in your cover letter and resume, which will include any additional personal information
you choose to share. We collect this information for the purpose of evaluating your skills and qualifications
against the requirements of the job(s) to which you applied.
Consumer Websites
When you create an account via our consumer website we collect your first and last name, email address,
site-specific display name, GPS location, and electronic signature. We may also collect your market card ID,
gender, birthdate, job title and system language. We collect this information for the purpose of establishing your
account and enabling your purchases via kiosks, websites, or mobile apps.
We also collect a limited amount of credit card information, but we do not store full credit card information.
Instead, we may store a payment token in place of your credit card number which can be used for future
transactions. We collect this information for the purpose of funding your account, enabling a one-time purchase,
managing your purchase history, and ensuring account data integrity.
If you have created an account, we also collect information about your purchases, account funding, rewards
balance, purchase location, favorite products, customer service inquiries, products reviews, and social networking
preferences related to 365 services (e.g., pages or entities you like, recommend or follow). We collect this
information for the purpose of administering your account, recommending products, and improving your user
experience.
If you have created an account and make a purchase via a consumer website, we also collect information about your
purchases, account funding, favorite products, customer service inquiries, products reviews, and social networking
preferences related to 365 services (e.g., pages or entities you like, recommend, or follow). We collect this
information for the purpose of administering your account, recommending products, and improving your user
experience.
When existing users refer you to our consumer website or send you snack credits, we may collect your first and
last name, email address, and telephone number from the existing user in order to complete the requested
transaction.
In locations where Payroll Deduct is enabled, we may also collect a Payroll Deduct ID that is used by your
employer to decrement purchases from future paychecks.
Mobile Apps
When you create an account via our mobile apps we collect your first and last name, email address, site-specific
display name, GPS location, and electronic signature. We may also collect your market card ID, gender, birthdate,
job title and system language. We collect this information for the purpose of establishing your account and
enabling your purchases via kiosks, websites, or mobile apps.
We also collect a limited amount of credit card information, but we do not store full credit card information.
Instead, we may store a payment token in place of your credit card number which can be used for future
transactions. We collect this information for the purpose of funding your account, enabling a one-time purchases,
managing your purchase history, and ensuring account data integrity.
If you have created an account and make a purchase via a mobile app, we also collect information about your
purchases, account funding, favorite products, customer service inquiries, products reviews, and social networking
preferences related to 365 services (e.g., pages or entities you like, recommend, or follow). We collect this
information for the purpose of administering your account, recommending products, and improving your user
experience.
If you have created an account, we also collect information about your purchases, account funding, rewards
balance, purchase location, favorite products, customer service inquiries, products reviews, and social networking
preferences related to 365 services (e.g., pages or entities you like, recommend or follow). We collect this
information for the purpose of administering your account, recommending products, and improving your user
experience.
When existing users refer you to our mobile apps or send you snack credits, we may collect your first and last
name, email address, and telephone number from the existing user in order to complete the requested transaction.
In locations where Payroll Deduct is enabled, we may also collect a Payroll Deduct ID that is used by your
employer to decrement purchases from future paychecks.
Kiosks
When you create an account via the kiosk, we collect your first and last name, email address, site-specific
display name, IP address, the kiosk GPS location, and electronic signature. We may also collect your market card
ID. We collect this information for the purpose of establishing your account and enabling your purchases via the
365 kiosks, websites, and mobile app.
We also collect a limited amount of credit card information, but we do not store full credit card information. We
collect this information for the purpose of funding your account, enabling a one-time purchase, managing your
purchase history, and ensuring account data integrity.
If you have created an account and make a purchase via a kiosk, we also collect information about your purchases,
account funding, rewards balance, purchase location, favorite products, customer service inquiries, products
reviews, and social networking preferences related to 365 services (e.g., pages or entities you like, recommend,
or follow). We collect this information for the purpose of administering your account, recommending products, and
improving your user experience.
You do not need to create an account to make a purchase through a kiosk. If you make a purchase as a guest, we
collect limited information necessary to process your transactions in the moment. This includes your name and
payment card information, which is transmitted to our third-party payment processor for the sole purpose of
processing your purchase payment. Depending on the make and model of the kiosk you used to make a purchase, we
retain your first and last name, purchase location, and the last four digits of your payment card.
At kiosks with enabled 365 kiosk fingerprint readers, you have the option to scan and save your fingerprint. This
allows you to make purchases via the kiosk without having to use a payment card. When you choose to save your
fingerprint, we will scan your fingerprint to create a fingerprint template (rather than an exact copy of your
fingerprint pattern). We collect this information for the purpose of providing you with fingerprint access to the
kiosk.
Our collection and use of your fingerprint template is subject to our Biometric Data Privacy Policy, which you should read
and review before using this feature. You are required to consent to our Biometric Data Privacy Policy before
scanning or using your fingerprint.
You have the option to receive the receipt from your purchase via SMS text message. You can select this option
either as part of your user preferences when setting up your account or at the time of purchase at the kiosk. If
you elect to receive SMS text message receipts as part of your account set-up, we will collect your mobile device
number, and you consent to receive SMS text messages as described in the 365 Platforms Terms of Service available
at https://www.365retailmarkets.com/consumer-policy. Please note that standard rates for sending and receiving SMS
text messages may apply.
If you have not established SMS text message preferences as part of a user account, you may still opt to receive
SMS text message receipts at the time of purchase. If you elect to receive an SMS text message receipt, we will
collect your mobile device telephone number at the time of purchase for the sole purpose of sending you a one-time
SMS text message with the requested receipt. In such circumstances, we do not retain your mobile device telephone
number or use your mobile device telephone number for any other purpose.
You have the option to receive the receipt from your purchase via email. You can select this option either as part
of your user preferences when setting up your account or at the time of purchase at the kiosk. If you elect to
receive email receipts as part of your account set-up, we will collect your email address, and you consent to
receive an email are described in the 365 Platforms Terms of Service available at
https://www.365retailmarkets.com/consumer-policy.
If you have not established email preferences as part of a user account, you may still opt to receive email
receipts at the time of purchase. If you elect to receive an email receipt, we will collect your email address at
the time of purchase for the sole purpose of sending you a one-time email with the requested receipt. In such
circumstances, we do not retain your email address for any other purpose.
If you cancel a purchase, we retain a screenshot of any canceled items along with a photograph of the user. We
collect this information for the purpose of monitoring kiosk sites for theft and removal of unpaid products. These
photographs are stored temporarily for 90 days by 365, and the administrator of the kiosk location can view these
photographs for the purposes described in this section. Our kiosk web camera may also collect aggregate, anonymous
demographic information to market and better serve products.
At Stockwell kiosks, we may also capture videos of transactions, which may incidentally include your likeness
including your face and hands, in order to process receipts of those transactions and to train our software to
recognize products or transaction state (pulling something off a shelf or putting it back on). Recording of
transactions starts when the consumer voluntarily opens the door using the Stockwell app or credit card reader and
stops when our system has determined the doors are closed and locked and the transaction is complete.
In limited locations, we may contract with third party technology providers that place certain technologies on our
kiosks, including camera-based, anti-theft, or biometric-enabled technology. Where we contract with third party
companies that provide camera-based, anti-theft, or biometric solutions on our kiosks, please note that such third
parties and their respective practices are not subject to this Privacy Notice or our Biometric Data Privacy
Policy. If you have any questions about the practices or policies of any third-party technology contractors, you
should contact them directly or otherwise refer to their policies. In locations outside of Illinois, Washington,
Texas, Oregon, New York, or Virginia, our kiosks may contain biometric-enabled anti-theft technology that is
powered by third party provider Panoptyc. Panoptyc’s privacy policy is available here
https://panoptyc.com/policies/privacy-policy.
In locations where Payroll Deduct is enabled, we may also collect a Payroll Deduct ID that is used by your
employer to decrement purchases from future paychecks.
Personal Information Collected from Web-Based Technologies
When you interact with our web-based platforms, we automatically collect information from your browser and device.
We automatically receive and record information on our server logs from your browser, including your device type,
IP address, cookie information, your web traffic (the websites you come from and go to from a 365 website), and
your engagement with certain pages and features of 365 websites. We collect this data for the following general
purposes:
Customizing your user experience
Fulfilling your requests for products and services
Promoting and improving services
Contacting you
We also collect your IP address(es) for the purpose of analyzing website trends, administering the site, and
tracking user movement for aggregate usage analysis. This website usage information enables us to provide our
users with an ever-improving site, service, and general offering. Except where you have provided consent for us to
use your identifiable personal information, we only use anonymous, aggregate data that cannot be used to identify
you individually for our analytics research.
365 Platforms use HTTPS cookies to collect information about you and your activity on 365 websites. “Cookies” are
small files placed on your computer by your browser and are often used to make websites work, as well as provide
information to the website operator. This information will be retained only for the duration and in the manner
permitted by law and in accordance with the sections below of this Privacy Notice entitled “Your Privacy Rights”
and “Storage and Disposal of Personal Information.”
365 uses this information to remember you on 365 websites and to enhance your experience with 365 websites. For
example, if you have an account and return to a 365 website, cookies identify you and provide tailored information
specific to your account, such as account information, past purchases, favorite products, and your product
reviews. You have the ability to decline cookies by modifying the settings in your browser. If you decline or
disable cookies, please note that certain functionalities of our website may no longer work. To learn more about
cookies, visit http://www.allaboutcookies.org.
Some content or applications on our website are served by third parties, including content providers and
application providers. Our third-party partners may use cookies alone or in conjunction with web beacons or other
tracking technologies already in your browser to collect information about you when you visit our website. The
information they collect may be associated with your personal information or they may collect information,
including personal information, about your online activities over time and across different websites and other
online services.
Third-party cookies and web technologies are controlled by our advertising partners and not subject to this
Privacy Notice. If you have any questions about the practices of such third party, you should contact the
responsible third-party directly.
To learn more about opting-out of cookie-targeted advertising on the Sites (sometimes referred to as online
behavioral advertising or OBA), visit www.AboutAds.info.
Payment Gateway
When you interact with a third party application that utilizes 365 Platforms to process transactions, we collect the
following information:
If you make a purchase as a guest, we collect limited information necessary to process your transactions in the
moment. This includes your name and payment card information, which is transmitted to our third-party payment
processor for the sole purpose of processing your purchase payment. We may also retain your first and last name,
purchase location, purchase amount, and the last four digits of your payment card.
When you create an account via a third party application, we collect your first and last name, email address, IP
address, purchase location, payment token, and electronic signature. We collect this information for the purpose
of establishing your account, enabling your purchases via the third party application, funding your account,
managing your purchase history, and maintaining account functionality and data integrity.
Personal Information Use
How we use your personal information will depend on how you interact with 365 Platforms and the personal information
you have shared with us.
We use your personal information to respond to your requests, including your communications, questions, and
requests for receipts, as well as requests concerning other individuals, like referrals or gifting snack
credits.
We use the information regarding the use of our website to analyze and administer the site and track user movement
for web analytics purposes. This website usage information enables 365 to provide you with an ever-improving 365
Platforms, services, and general offerings. Except where you have provided consent for us to use your identifiable
personal information for our analytics research, we only use anonymous, aggregate data that cannot be used to
identify you individually.
If you have created an account, we will use your personal information to administer your account. If necessary, we
will also use your personal information to verify your identity and provide you with access to your account should
you become locked out or forget your login and password.
We will also use your personal information to facilitate any purchase you initiate through 365 Platforms,
particularly 365 kiosks, mobile apps, and consumer websites.
We may also your personal information to issue credits to your account like gift cards, subsidies, rewards, snack
credits, loyalty credits, referral credits, courtesy credits, offers, and promotions.
We may combine information related to your purchases, use of 365 Platforms, and interactions with our advertising
and promotional content with the same information from other users of 365 Platforms to inform our advertising and
marketing content, including sharing this anonymous, aggregate data with our third-party advertising partners.
This anonymous, aggregate information cannot be used to identify you individually, and we do not disclose or sell
your personal information to our advertising partners.
When we display advertising and promotional content to you, this content may be tailored to you based on your
“home location.” Your “home location” is the kiosk or 365 Platform to which your account is tied, and any tailored
advertising or promotional content you receive will be based solely on the aggregate purchases made by all users
at your “home location.”
In certain circumstances, we may be required to disclose your personal information to law enforcement, as part of
court proceedings, or as otherwise required by law. We will only share the information we are required to disclose
by law and only when we are required to do so.
When necessary, we will use your personal information, including email communications, to preserve the security of
our 365 Platforms, systems, and personal information in our control. If necessary, we will also use your personal
information including video or images taken as outlined in the Interact with a Kiosk section of this
notice to investigate possible fraud, theft or other criminal activity, to identify violations of this Privacy
Notice and our Terms of Service, and to prevent any attempted harm to our users or customers.
At Stockwell kiosks, we may also capture videos of transactions, which may incidentally include your likeness
including your face and hands, in order to process receipts of those transactions and to train our software to
recognize products or transaction state (pulling something off a shelf or putting it back on).
We may use your personal information in the event we undertake or are involved in or contemplating any merger,
acquisition, reorganization, sale of all or a portion of our business or assets, bankruptcy, insolvency event or
other business transaction
Personal Information Sharing and Disclosure
We share your personal information with third parties to be used only for legitimate purposes in keeping with this
Privacy Notice when you have granted us permission to do so, when it is necessary to fulfill our obligations to you,
or when it is in the legitimate interest of our business to do so, provided that our interests do not outweigh your
individual rights and freedoms.
When necessary, we share your data with third-party vendors working on our behalf to provide specific business
support services, including payment processing, manual video transaction reviews, website hosting and management,
and providers of application programming interfaces (“APIs”) and other functions.
APIs are application program interfaces, and are a set of routines, protocols, and tools for building software
applications. 365 shares information with third party vendors and service providers only to the extent necessary
to provide those APIs and services for which they are hired.
We share anonymous, aggregate information regarding visitors to our website with third-party website analytics
companies. These companies use this aggregate data, which has been stripped of any personally identifying
information about you, to provide us with insight regarding our web usage patterns. As we only share anonymous,
aggregate data, this information cannot be traced back to you individually by either us or the website analytics
vendors.
We use Google Analytics to provide us website usage and analytic reports, which necessitates us sharing your
anonymous, aggregate data. You may choose not to share your data with Google by installing the Google Analytics
opt-out browser add-on, which instructs your browser not to provide your website usage data to Google Analytics.
To opt-out of Google Analytics, visit https://tools.google.com/dlpage/gaoptout to install the browser
add-on.
Please note that installing the Google Analytics opt-out browser add-on will only disable the use of Google
Analytics and will not prevent data from being sent to the website itself or to other web analytics services.
We share information with our customers that place our kiosks at their locations, which may include your personal
information discussed in this Privacy Notice. Where kiosks are enabled with video technology, we record and
transmit videos of interactions with the kiosks, which is accessible to the customer administrator of that kiosk
and may be viewed by that administrator.
If you choose to share User Content on 365 Platforms, such as product reviews and certain social networking
preferences (e.g., pages you “Like” or “Follow”), this information may be viewed by the general public.
Accordingly, 365 cannot ensure the privacy of any personal information included in your User Content.
In some locations features like payroll deduct and client portal are in use to streamline your market and
employment experience. At Payroll Deduct location we share your first and last name, email address, payroll deduct
ID and purchase balance with your employer so that balance can be deducted from a future paycheck by your
employer. At locations using client portal we share your first and last name, market location, email address, last
activity date, last 4 digits of your credit card on file, payroll group, and account balance with your employer so
they can administer your account and issue credits, subsidies, gift cards, rewards and other market benefits
issued by your employer.
We may partner with third parties to provide third-party advertising content. When we do so, we do not disclose or
sell your personal information to our third-party advertising partners. However, we will share anonymous,
aggregate information about user purchases at a particular location and aggregate, anonymous information about how
our users collectively interacted with the advertising content. This information cannot be used to identify you
individually.
As required by law, regulation, or legal process, we will share your personal information with government
authorities, enforcement officials, or third parties as necessary to respond to subpoenas, court orders, or legal
process, or to establish or exercise our legal rights or defend against legal claims.
When necessary, we will share your personal information to investigate, prevent, or take action regarding illegal
activities, suspected fraud, situations involving potential threats to the physical safety of any person,
violations or suspected violations of this Privacy Notice, our agreements or arrangements with you or other
policies in effect from time to time to which you are subject, or as otherwise required by law.
We reserve the right to transfer your personal information in the event we are involved in or contemplating a
merger, acquisition, reorganization, sale of all or a portion of our business or assets, bankruptcy, insolvency
event or other business transaction.
Your Privacy Rights
Depending on your jurisdiction, you may be entitled to exercise certain individual rights. Examples of jurisdictions
that provide individuals with privacy rights are the European Economic Area (General Data Protection Regulation or
GDPR), Canada (Personal Information Protection and Electronic Documents Act or PIPEDA) and California (California
Consumer Privacy Act). To exercise any individual rights you may have, contact our DPO as described in the “Contact
Us” section of this Privacy Notice.
If you are a resident of the European Economic Area, you have choices regarding the collection, use, and
disclosure of your personal information. Unless explicitly stated otherwise, we will respond to your request as
soon as possible, typically within one month.
Your rights include:
Accessing your personal information to know what information we have collected about you and how it has been
shared;
Requesting the deletion of all or some of your personal information;
Changing or correcting inaccurate or outdated information;
Objecting to, limiting, or restricting use of all or some of your personal information; and
Requesting a copy of your personal information, including in a portable format.
You also have the right to lodge a complaint with your supervisory authority if you believe we have violated your
privacy rights or applicable laws and regulations.
Use of Sensitive Personal Information
European law provides residents of the European Economic Area certain rights regarding sensitive personal
information, which includes biometric data. We do not sell or share sensitive personal information with third
parties. We only use sensitive personal information as necessary for the legitimate business purpose outlined in
this Privacy Notice and our Biometric Data Privacy Policy, with your express consent. To learn more or inquire
regarding your rights concerning sensitive personal information, please call us or follow the link using the
information below.
Exercising Your Rights
To exercise the rights described above, please submit a verifiable consumer request to us by either:
If you are a Canadian data subject, you may have certain privacy rights. Your rights include:
Accessing your personal information under our custody or control
Amending (by correction, deletion, or addition) personal information that is inaccurate or incomplete
Withdrawing your consent at any time (subject to legal or contractual restrictions and reasonable notice)
We provide our California customers with specific rights regarding their Personal Information. This section
describes the rights that you have under California law and explains how to exercise those rights. In the past 12
months, we have collected the following categories of personal information under California privacy
law:
Category of Information
Examples
Collected
Personal Identifiers
First and last name, email address, company, telephone number, address, online identifier, device
identifier, internet protocol (IP) address
Yes
Personal Information under California Customer Records Statute
First and last name, address, telephone number, education, employment, employment history, credit or debit
card number, or any other financial information including payment tokens. Some personal information included
in this category may overlap with other categories
Yes
Protected Classification Characteristics
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital
status, medical condition, physical or mental disability, sex (including gender, gender identity, gender
expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military
status, genetic information (including familial genetic information)
Yes
Commercial Information
Products or services purchased, obtained, or considered, or other purchasing or consuming histories or
tendencies
Yes
Biometric Information
Fingerprint scans
Yes
Internet or Network Activity Information
Browsing history, search history, and information regarding interactions with an Internet Web site,
application, or advertisement
Yes
Geolocation Data
Address, location of kiosk used, GPS
Yes
Professional or Employment-Related Information
Current employer, employment history
Yes
Education Information
Educational institution(s), student identification number, student account information
Yes
Financial Information
Credit or debit card information, payment tokens
Yes
Sensitive Personal Information
Biometric information, geolocation data, financial information
We have disclosed the above information for business purposes to our affiliates, service providers, customers, and
other users of 365 Platforms as described in this Privacy Notice.
No Sale of Personal Information
You have the right to opt-out of the sale of your personal information at any time. Note that in the preceding
twelve (12) months, we have not sold and will not sell any personal information to non-affiliated third parties.
We also have not and will not sell the personal information of minors under 16 years of age to non-affiliated
third parties.
Right to Know About Personal Information Collected, Used, or Disclosed
You have the right to request that we disclose certain information to you about our collection, use and disclosure
of your information over the past 12 months. Once we receive your request and verify your identity, we will
disclose to you: (1) the categories of information we collected about you; (2) the categories of sources for the
information; (3) our business or commercial purpose for collecting or disclosing that information; (4) the
categories of third parties with whom we shared that information; and (5) the specific pieces of information we
collected about you in the preceding 12 months.
Right to Delete Personal Information Collected or Maintained
You have the right to request that we delete any of your personal information that we collected from you and
retained, subject to certain exceptions. Once we receive and confirm your request and verify your identity, we
will permanently delete (and direct our service providers to delete) your personal information from our records,
unless a legal exception to deletion applies. In our response to your request to delete, we will specify the
manner in which we have deleted your personal information or, if we must deny your deletion request, the basis for
this refusal.
Right to Non-Discrimination for Exercise of Privacy Rights
We will not discriminate against you for exercising any of your rights by: (1) denying you goods or services; (2)
charging you different prices or rates for goods or services, including through granting discounts or other
benefits, or imposing penalties; (3) providing you a different level or quality of goods or services; or (4)
suggest that you may receive a different price or rate for goods or services or a different level or quality of
goods or services.
Right to Limit Use of Sensitive Personal Information
California law may provide you the right to limit the use and disclosure of sensitive information to certain
enumerated business purposes. We do not sell or share sensitive personal information with third parties. We only
use sensitive personal information for the legitimate business purpose outlined in this Privacy Notice. To learn
more or inquire regarding your rights concerning sensitive personal information, please call us or follow the link
using the information below.
California Shine the Light Law
Under California law, California residents have the right to request in writing from businesses with whom they
have an established business relationship certain information pertaining to third parties to which the business
discloses personal information for marketing purposes. We do not sell Personal Information collected to third
parties for their direct marketing purposes. We do not disclose Personal Information to third parties for their
direct marketing purposes. To learn more, please contact us using the information below.
Exercising Your Rights
To exercise the rights described above, please submit a verifiable consumer request to us by either:
You may designate an authorized agent to submit your consumer request on your behalf, so long the authorized agent
has your written permission to do so and you have taken steps to verify your identity directly with
us.
Verifying Your Request
We cannot respond to your request or provide you with personal information if we cannot verify your identity or
authority to make the request and confirm the personal information relates to you. Making a verifiable consumer
request does not require you to create an account with us. We will only use personal information provided in a
verifiable consumer request to verify your identity or authority to make the request. You may only make a
verifiable consumer request for access or data portability twice within a 12-month period.
To verify your identity, we ask that you provide us with the following information when you submit your request:
(1) first name, (2) last name, and (3) phone number or email. We will use the above information to verify your
identity. Depending on your type of request or the information requested by you, we may require additional
information to verify your identity and fulfill your request.
California law also requires that we disclose how we respond to “do-not-track requests” from our users. At this
time, we do not currently respond to “do-not-track” requests from our users’ browsers.
Regardless of the jurisdiction in which you reside, if you have registered an account, you can access and change
your own personal information via your account at any 365 Platform.
If you request that we erase or forget your personal information, we will comply with your request to the extent
reasonably possible and permitted by law (sometimes other applicable laws require that we keep certain personal
information). When we maintain personal information because of a legal requirement, the personal information will
be used only for that purpose and maintained only for the amount of time required to comply with applicable law.
You may also open a new account with a different email address at any time.
Other Important Information
We process data both inside and outside the United States. It is important to know that data protection laws in
the United States may not be as strong as those in your country. Where we transfer your personal information from
the European Economic Area (“EEA”) to a location outside the EEA, we will only transfer your data if an
appropriate level of protection for your personal information is provided, such as where we have contractual
obligations to protect or transfer data with certain safeguards in place. To ensure the continued protection of
your personal information while in our care, we take appropriate organizational and technical measures. You may
contact us at privacy@365smartshop.com to learn more about the safeguards that apply to your personal information
and to request a copy of such safeguards. In addition, we may transfer your personal information if one of the
legal exceptions for such transfer can be invoked, such as with your consent or in execution of an agreement you
have with us.
365 Platforms may contain links to websites and content owned or operated by third parties. We sometimes provide
links to other websites and means of being involved with us on social media. We do not make any representations,
warranties, or endorsement of these website or their privacy policies and practices. You should carefully review
the privacy information for a third-party website before providing personal information to these third party
websites.
This Privacy Notice applies only to the 365 Platforms specified in this Privacy Notice and not to any third-party
websites.
365 has in place administrative, operational, procedural, and technical security measures designed to comply with
the reasonable standard of care in 365’s industry and applicable law regarding the protection of personal
information. Data is encrypted in transit, and at rest.
365 shall continue to store and use your personal information for as long as you continue to use the applicable
365 Platform. We reserve the right to permanently dispose of your personal information in a secure manner upon the
earlier of the following:
The initial purpose for obtaining the personal information has been satisfied;
You exercise your right to be forgotten (if applicable) by requesting the erasure of your personal
information;
365 deactivates your account for inactivity, inaccurate records, fraudulent or unauthorized use of your
account, or any other reason permitted by law; or
When required by law.
365 will periodically review the personal information on accounts inactive for 5 years or longer and reserve the
right to permanently dispose of such information, however we may continue to retain such personal information that
continues to serve a legitimate business purpose as outlined in this Privacy Notice. For additional information on
account expiration see 365 Platforms Terms of Service .
365 Platforms are not intended for individuals under the age of 18. If you are under 18 you must have a parent’s
or guardian’s permission prior to submitting information to 365 Platforms. 365 takes special care to protect the
privacy of children under the age of 18 and encourages parents to actively participate in their child’s online
activities. 365 abides by the requirements of the Children’s Online Privacy Protection Act (COPPA) and other
relevant laws, to the extent applicable. 365 Platforms do not target and are not intended for children under the
age of 18, and 365 does not knowingly collect personal information from them. If 365 discovers personal
information from a child gathered through 365 Platforms, 365 will delete that data.
This Privacy Notice may be amended at any time by posting a new version at:
https://www.365retailmarkets.com/consumer-policy/. 365 may highlight with a pop-up or otherwise notify you of an
amendment if the amendment is significant or is required by law. The new version will become effective on the date
specified in the new version. By continuing to use 365 Platforms following the posting of a new Privacy Notice,
you agree to be bound by the new version. If you do not agree to the new version, you should stop using the
relevant 365 Platforms.
If you have any questions or complaints about this Privacy Notice or 365’s collection, use, storage, or disposal
of your personal information, you can contact 365 at:
365 Retail Markets, LLC
c/o Data Protection Officer
1743 Maplelawn Drive
Troy, MI 48084