EFFECTIVE DATE: October 16, 2024

About this Privacy Policy

This Privacy Policy describes how we, The Fresh Market, Inc. and its affiliated companies, collect and use personal information that we collect through the operation of the TheFreshMarket.com website and its subdomains, through our mobile applications (collectively, the “Site”) and through our The Ultimate Loyalty Experience® customer loyalty program (the “Loyalty Program”).

This Privacy Policy should be read in conjunction with The Ultimate Loyalty Experience Program Terms and the Terms of Use associated with the Site.

This Privacy Policy describes our current practices as of the effective date written above. If these practices change, then we will revise this Privacy Policy and update the effective date.

The Site may include links to other websites. This Privacy Policy does not apply to the websites of other companies, individuals or organizations which may be linked to or from our Site. You should consult those other websites’ privacy policies.

As used in this Privacy Policy, “we,” “our” and “us” refer to The Fresh Market, Inc. and its affiliated companies and “you” and “your” refer to a user of the Site or participant in the Loyalty Program.

“Personal Information” means information that may be used directly, or indirectly, to identify a user of the Site or an individual member of the Loyalty Program.

Personal Information We Collect

We collect Personal Information in the following ways: When You Sign Up to Receive Texts, Emails or Newsletters, you may provide your name, address telephone numbers, birth month, and email address.

When You Create an Account on the Site, you may provide your name, address, telephone number, email address preferred store location, product preferences and price alert information, and social media account names.

When You Order from the Site, you may provide your name, shipping address, billing address, telephone number, email address, and payment card information.

When You Provide Customer Feedback, you may provide your name, address, email address and phone number.

When You Respond to Surveys and Promotions, you may provide your name, date of birth, address, phone number and email address, and information on your shopping habits and preferences.

When You Submit a Job Application through the Site, we may collect a resume and any other information you submit as part of that application, including your name, email address, telephone number and address.

When You Sign Up for our Loyalty Program, you will provide your name, email address, telephone number, address, birth month/day and your “preferred store.” Optionally, you may also provide information about your dietary preferences and dates and holidays of interest. You can update or delete this information through the Loyalty Program website.

We may collect any of the above information from third parties, including from our service providers who help us administer the Site or our Loyalty Program.

Transaction Information

If you place an order through the Site or if you are a member of our Loyalty Program and enter a telephone number at our checkout registers, then we will collect and store information about your transaction, which may include the items (and quantities) you purchase, the price(s) you pay for those items, the store and register where you purchased the items, the date/time of purchase and the method of payment you use. We refer to this type of information as “Transaction Information.”

Technical Information

The Site may collect technical information about your computer or mobile device, such as your internet protocol address, the type and version of web browser that you use, device-specific identifiers, the dimensions of your web browser window, and any active web browser plug-ins. In addition, the Site may use technologies such as cookies or ‘tracking pixels’ that allow it to know which page(s) and portions of the Site you are currently viewing and to identify you when you return to the Site. We use these types of technical information to ensure that the Site functions properly, to identify potential improvements to the Site and to identify and correct faults in the operation of the Site.

We have integrated Google Analytics into the Site in order for us to learn more about the people who visit the Site. Google Analytics allows us to see your approximate geographic area, information about the device and software you use to access the Site, and the specific portions of the Site which you visit. We use this information on an aggregate basis to better understand how people use the Site and evaluate the success of our marketing efforts. We do not connect this Google Analytics data to any other Personal Information we may have about you.

As part of Google Analytics, we use a product called “Google Signals.” This product allows us to follow your actions when you use different computers or devices to visit the Site. Google Signals is only used for those visitors to the Site who (a) are signed-in to their Google accounts, and (b) have turned on Google “Ads Personalization.” You can opt-out of Google Ads Personalization through the Google Ad Center.

Cookies and other tracking information may be set on the Site by third parties with whom we work. Although some web browsers allow users to send a “do not track signal” to websites you visit, the Site does not currently respond to these signals.

Sales And Other Disclosures of Personal Information

We do not sell your Personal Information.

We may sometimes make Personal Information and Transaction Information available to our contractors for them to provide services to us. For example, we use contractors to help us administer our Loyalty Program or to assist us in managing online orders and those contractors may have access to Personal Information or Transaction Information to help them perform their obligations. When we do provide this information to our vendors, we require them to keep the information confidential and to only use it to perform services to us.

We may provide aggregate Transaction Information (but not any associated Personal Information) to suppliers of products and services that we sell in our stores and to other third parties.

Occasionally, we may provide Personal Information to law enforcement agencies in connection with reports and investigations into possible illegal activity. We may also disclose Personal Information when we believe we are legally required to do so. Further, if our business is ever sold, the acquiring company will receive any Personal Information that we have in our possession at the time.

Our Use Of Personal Information

We use your Personal Information for the reason you provided it to us, which may include:

• Sending you information and/or offers, newsletters, product information, advertisements, recall notices, invitations to participate in surveys and other information we believe may be of interest to you, subject to your communication preferences
• Fulfilling orders that you place through the Site and informing you about the status of those orders
• Responding to your customer service question
• Considering your job application

If you are enrolled in our Loyalty Program, we may use your Personal Information and Transaction Information to administer the Program, to decide which promotions to offer to you and to determine the promotions and benefits for which you qualify. For example, if you have indicated that you are vegetarian, then we might avoid offering you promotions for meat products. We will use the email addresses and mobile telephone numbers of participants in our Loyalty Program to communicate with them about the Loyalty Program and to provide information about our products, services, and current promotions, subject to their communication preferences and their decision to opt-in or opt-out of receiving text messages.

We will also use your Personal Information to customize your experience on the Site to you, to improve the Site and/or our services, to carry out our obligations and enforce our rights in any agreement between you and us, and to detect fraud and illegal activities and report those activities to law enforcement.

We may use aggregate Transaction Information (but not Personal Information) for any reason whatsoever.

“Targeted” Advertising

We try to advertise online in a way that provides information that is relevant to the recipients of that advertising. We do this by selecting specific advertisements based on information that we and our advertising agencies know about our customers. You can opt-out of this targeted advertising by contacting us, as described below.

Children’s Privacy

The Site and our Loyalty Program are intended for use by adults, and not by children. However, we do not generally collect or store the birth year of Loyalty Program members or visitors to our site and, correspondingly, cannot easily determine their ages. Although we believe that the Program will be uninteresting to children under the age of thirteen, if we learn that we have inadvertently received Personal Information from children under the age of thirteen through the Loyalty Program or the Site, we will delete that information from our records. If you become aware that any Program member is under age 13, please contact us through our Guest Services Contact Us Form at thefreshmarket.com/contact-us or by calling us at 866-817-4367.

Confidentiality And Security

We implement reasonable security measures to help protect against the loss, misuse or alteration of Personal Information under our Control. However, no method of transmission over the internet, or method of electronic storage, is 100% secure, and we cannot guarantee complete security.

Questions About Our Privacy Policy

If you have any questions about how we use and store your Personal Information, then please contact us through our Guest Services Contact Us Form at thefreshmarket.com/contact-us or by calling us at 866-817-4367. In particular, you may contact us if you would like to:

• Confirm whether we have your Personal Information
• Receive a copy of Personal Information we have about you
• Correct any inaccuracies in your Personal Information
• Delete your Personal Information (which may require the deletion of your Loyalty Program membership)
• Opt out of the use of your Personal Information for targeted advertising
• Appeal any decision we make not to act on your requests

You may similarly opt out of electronic marketing or promotional communications yourselves by following the unsubscribe or opt-out directions in marketing emails or mobile communications that you receive from us.