Privacy Policy

FOOD52 INC.

PRIVACY POLICY

Effective as of January 14, 2020

Food52 Inc. (“Food52,” “we,” “us,” or “our”) provides this Privacy Policy because we know that you care about how your information is collected, used, shared and retained. This Privacy Policy applies to information collected when you visit our website (www.food52.com) (our “Website”), use our mobile application (our “App”), access or use services that we make available from time to time through our platform, Website or App (collectively our “Platform”), or visit an offline location that makes this Privacy Policy available to you (collectively, the “Services”).

By using our Services or interacting with us offline you agree to the terms of this Privacy Policy and the accompanying Terms of Use, and consent to the collection, use and disclosure practices, and other activities as described in this Privacy Policy. If you do not agree and consent, discontinue use of the Services. Capitalized terms not defined in this Privacy Policy have the meaning ascribed to them in the Terms of Use.

If you are a Nevada Resident, California Resident, or a data subject in Europe, please see respectively the “Additional Disclosures for Nevada Residents,” “Additional Disclosures for California Residents,” and “Additional Disclosures for People in Europe¡± sections below. If you have any questions or wish to exercise your rights and choices, please contact us as set out in the “Contact Us” section.

  1. Your Rights and Choices

    1. Account Information.

      You may access, update, or remove certain information that you have provided to use through your account by visiting your account settings or sending an email to the email address set out in the “Contact Us” section below. We may require additional information from you to allow us to confirm your identity. Please note that we will retain and use information about you as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

    2. Tracking Technologies Choices.

      • Cookies and Pixels. Most browsers accept cookies by default. You can instruct your browser, by changing its settings, to decline or delete cookies. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations.
      • Do Not Track. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor, recognize or honor any opt-out or do not track mechanisms including general web browner, “Do Not Track” settings and/or signals. For more information on “Do Not Track,” visit http://www.allaboutdnt.com .
      • App and Location Technologies. You can stop all collection of information via an app by uninstalling the app. You can also reset your device Ad Id at any time through your device settings, which is designed to allow you to limit the use of information collected about you. You can stop all collection of precise location data through an app by uninstalling the app or withdrawing your consent through your device settings.

      Please be aware that if you disable or remove tracking technologies some parts of the Services may not function correctly.

    3. Communications.

      • Opt-Out for Direct Marketing; Email Management. You may opt-out at any time from the receiving marketing and non-transactional emails from us at any time by emailing us at [email protected]. Please allow us a reasonable time to process your request. You may also opt-out of and manage your receipt of marketing and non-transactional communications by clicking on the “Unsubscribe” and “Manage Email Preferences” links located on the bottom of any Food52 marketing email and following the instructions found on the page to which the link takes you. You cannot opt out of receiving transactional e-mails related to your Registered User account, any Product orders, or Food52¡¯s ongoing business relations.
      • Push Notifications. If you have opted-in to receive push notifications on your device, you can opt-out at any time by adjusting the permissions in your device or uninstalling our app.
      • Text Messages and Calls. You can opt-out of receiving text messages or calls to your phone number at any time by (i) for text messages, texting “STOP” in response to any text message your receive from us or contacting us as set out in the “Contact Us” section below and specifying you want to opt-out of text messages; and (ii) for calls, requesting opt-out during any call you receive from us or contacting us as set out in the “Contact Us” section below and specifying you want to opt-out of calls.

      Please note that your opt out is limited to the email address, device, and phone number used and will not affect subsequent subscriptions.

    4. Analytics and Interest-Based Advertising.

      Google provides tools to allow you to opt-out of the use of certain information collected by Google Analytics at https://tools.google.com/dlpage/gaoptout and by Google Analytics for Display Advertising or the Google Display Network at https://www.google.com/settings/ads/onweb/. The companies we work with to provide you with targeted ads are required by us to give you the choice to opt out of receiving targeted ads. Most of these companies are participants of the Digital Advertising Alliance (“DAA”) and/or the Network Advertising Initiative (“NAI”). To learn more about the targeted ads provided by these companies, and how to opt out of receiving targeted ads from them, please visit (i) for website targeted ads from DAA participants, https://www.aboutads.info/choices; (ii) for app targeted ads from DAA participants, https://www.aboutads.info/appchoices; and (iii) for targeted ads from NAI participants, https://www.networkadvertising.org/choices/. Opting out only means that the selected participants should no longer deliver certain targeted ads to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., in connection with the participants¡¯ other customers or from other technology services).

      To opt out of us using your data for Matched Ads, please contact us as set forth in the “Contact Us” section below and specify that you wish to opt-out of matched ads. We will request that the applicable technology service not serve you matched ads based on information we provide to it. Alternatively, you may directly contact the applicable technology service to opt-out.

      You may also limit our use of information collected from or about your mobile device for purposes of serving targeted ads to you by going to your device settings and selecting “Limit Ad Tracking” (for iOS devices) or “Opt out of Interest-Based Ads” (for Android devices).

      Please note that if you opt out using any of these methods, the opt out will only apply to the specific browser or device from which you opt out. We are not responsible for the effectiveness of, or compliance with, any opt out options or programs, or the accuracy of any other entities¡¯ statements regarding their opt out options or programs.

  2. Information That You Share Through the Platform

    Please keep in mind that whenever you voluntarily make your information available to others, including other Registered Users¡ª for example, through your public profile, on message boards, through email or other direct messages, or in comment or chat areas ¡ª that information can be seen, collected, heard, and/or used by others besides us. We cannot be responsible for any use of your information by other persons or entity, and this Privacy Policy does not apply to any information that you share in any of the foregoing ways.

  3. How We Protect Your Information

    We implement reasonable and appropriate administrative, physical, and technical security safeguards to help protect your information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in processing and the nature of such information, and comply with applicable laws and regulations. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of information about you.

  4. Children

    The Service is intended for a general audience, and is not directed at children under the age of 13. We do not knowingly gather personal information (as defined by the US Children¡¯s Privacy and Protection Act, or ¡°COPPA¡±) in a manner not permitted by COPPA. If you are under the age of 13, please do not give us any personal information. We encourage parents and legal guardians to monitor their children¡¯s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide personal information to us without their permission. If you are a parent or guardian and you have reason to believe that we have collected personal information from your child in a manner not permitted by law, please contact us at [email protected], and we will endeavor to delete that information from our databases to the extent required by applicable laws.

    We do not knowingly “sell,” as that term is defined under the CCPA, the personal information of minors under 16 years old who are California residents.

    If you are a California resident under 18 years old and registered to use the Services, you can ask us to remove any content or information you have posted on the Services. To make a request, email us at the email address set out in “Contact Us” section with “California Under 18 Content Removal Request” in the subject line, and tell us what you want removed. We will make reasonable good faith efforts to remove the post from prospective public view, although we cannot ensure the complete or comprehensive removal of the content and may retain the content as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

  5. International Transfer

    Our servers are located in the US and the information we collect is governed by US law. If you are accessing the Services from outside of the US, please be aware that any information collected through the Services, including personal information, will be transferred, processed, stored, and used in the US and other jurisdictions. Data protection laws in the US and other jurisdictions may be different from those of your country of residence. Except in the case of data transfers under the EU-US and Swiss-US Privacy Shield Frameworks, your use of the Services, decision to provide such data to us, or to allow us to collect such data through our Website, App or Platform, constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of information about you in the US and other jurisdictions as set out in this Privacy Policy.

  6. Changes to This Privacy Policy

    This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. Any changes will be effective immediately upon posting of the revised Privacy Policy. By accessing or using our Services after any such changes to this Privacy Policy are posted, you are deemed to have accepted such changes. Please refer back to this Privacy Policy on a regular basis. If the changes are material, we may provide you additional notice to your email address.

  7. Additional Disclosures for Nevada Residents.

    Nevada law (NRS 603A.340) requires each business to establish a designated request address where Nevada consumers may submit requests directing the business not to sell certain kinds of personal information that the business has collected or will collect about the consumer. A sale under Nevada law is the exchange of personal information for monetary consideration by the business to a third party for the third party to license or sell the personal information to other third parties. If you are a Nevada consumer and wish to submit a request relating to our compliance with Nevada law, please contact us as at [email protected].

  8. Additional Disclosures for California Residents.

    These additional disclosures for California residents apply only to individuals who reside in California. The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to know, delete and opt out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise rights.

    1. Notice of Collection.

      We collect the following categories of personal information, as enumerated in the CCPA:

      • Identifiers, including name, email address, phone number account name, IP address, and an ID or number assigned to your account.
      • Customer records, billing and shipping address, and credit or debit card information.
      • Demographics, such as your age or gender. This category includes data that may qualify as protected classifications under other California or federal laws.
      • Commercial information, including purchases and engagement with the Services.
      • Internet activity, including your interactions with our Services.
      • Audio or visual data, including pictures or vides you post on our Services.
      • Geolocation data, including location enabled services such as WiFi and GPS.
      • Employment and education data, including information you provide when you apply for a job with us.
      • Inferences, including information about your interests, preferences and favorites.

      For more information on information we collect, including the sources we receive information from, review the Information Collection and Use section. We collect and use these categories of personal information for the business purposes described in the Purpose of Collection and Use section, including to provide and manage our Services.

      Food52 does not generally sell information as the term “sell” is traditionally understood. However, to the extent “sale” under the CCPA is interpreted to include advertising technology activities such as those disclosed in the Analytics and Advertising section as a “sale,” we will comply with applicable law as to such activity. Food52 discloses the following categories of personal information for commercial purposes: identifiers, demographic information, commercial information, internet activity, geolocation data and inferences. We use and partner with different types of entities to assist with our daily operations and manage our Service. Please review the Sharing of Information section for more detail about the parties we have shared information with.

    2. Right to Know and Delete.

      If you are a California resident, you have the right to delete the personal information we have collected from you and the right to know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:

      • The categories of personal information we have collected about you;
      • The categories of sources from which the personal information was collected;
      • The categories of personal information about you we disclosed for a business purpose or sold;
      • The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
      • The business or commercial purpose for collecting or selling the personal information; and
      • The specific pieces of personal information we have collected about you.

      To facilitate your exercise of these rights, You may fill out this form or email us at [email protected] for more information. We will not use the information you provide as part of your request for any other purpose other than to fulfill your request.

      In any emailed request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.

    3. Right to Opt-Out.

      To the extent Food52 sells your personal information as the term ¡°sell¡± is defined under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt-out by clicking Do Not Sell My Personal Information. You may also submit a request to opt-out by emailing us at [email protected].

      We participate in the Interactive Advertising Bureau¡¯s CCPA Compliance Framework for Publishers & Technology Companies (¡°IAB Framework¡±). This means that where you exercise your right to opt-out of the sale your personal information by clicking Do Not Sell My Personal Information, to the extent we sell your personal information in order to deliver ads tailored to your interests, we will notify downstream participants of the IAB Framework that receive personal information about you to only use your personal information for the limited purposes that are permitted under the IAB Framework.

      Please note that the scope of the IAB Framework opt-out may only apply to personal information from the specific browser or device from which you opt-out. In addition, exercising your right to opt-out of the sale of your personal information does not mean that you will stop seeing ads or that you will stop seeing interest-based ads. To learn more about interest-based advertising across sites and additional opt-out choices, please see the ¡°Analytics and Advertising¡± and ¡°Your Rights and Choices¡± sections above and the links set forth therein. Where you opt-out of the sale for purposes of the CCPA, but do not opt-out of interest-based advertising more generally, you may continue to receive ads tailored to your interests based upon personal information not sold by us, sold to other IAB participants at least 90 days before you opted out, or sold by other sources from which you have not opted out. We are not responsible for any downstream participants¡¯ compliance with the IAB Framework or the accuracy of their privacy policies or statements regarding their opt-out options or programs.

    4. Authorized Agent.

      You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent¡¯s permission to do so and verify your identity directly.

    5. Right to Non-Discrimination.

      You have the right not to receive discriminatory treatment by us for the exercise of any your rights.

    6. Financial Incentives.

      Financial incentives are programs, benefits, or other offerings, including payments to consumers as compensation, for the disclosure, deletion, or sale of personal information about them.

      We may offer discounted prices to consumers who sign up to be on our mailing lists, or provide promotional discounts for participating in our “Refer a Friend” program. In the “Refer a Friend” program you will receive $20 in shop credit when your friends register with Food52 and make their first purchase of $50 or more via your personal link. All credits are subject to review and approval per our terms of service, and may be subject to minimum purchase restrictions. You are only eligible to receive shop credit for the first ten people who use your referral code. After that you may still refer your friends and family, but you will not be eligible to receive additional shop credit.

      You can opt-in to our mailing list or join our loyalty program by providing Food52 with the first and last names or email addresses for your friends in connection with our “Refer a Friend” program. If you do so, you may be eligible for certain benefits associated with our Platform that may change from time to time. By providing us with first and last names or email addresses in connection with our “Refer a Friend” program, you thereby represent and warrant to us that you have the right to provide us with this information for use and disclosure as described in this Privacy Policy under all applicable laws. We will use this information for the sole purpose of sending direct marketing emails to your friend, inviting him or her to use our Platform. Our direct marketing emails always include an opportunity to unsubscribe from further emails. If your friend chooses to become a Registered User, he or she will be required to accept our Terms of Use and this Privacy Policy as part of the registration process.

      We generally do not treat consumers differently if they exercise a right under California law. For example, if you opt-out of our mailing list, you can continue to receive most discounted prices by emailing us at [email protected]. However, in certain circumstances, discounted prices will require you to be on our mailing list or a member of our loyalty program.

    7. Shine the Light.

      Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for their direct marketing purposes during the preceding calendar year, including (i) a list of the categories of personal information disclosed by us to third parties during the immediately preceding calendar year for those third parties¡¯ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. If you wish to submit a request pursuant to Section 1798.83 of the California Civil Code, please contact us via email at [email protected] and specify that you are making a ¡°California Shine the Light Request.¡± We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year. §

  9. Additional Disclosures for Data Subjects in Europe.

    1. Roles.

      Data protection laws in Europe distinguish between organizations that process personal data for their own purposes (known as “controllers”) and organizations that process personal data on behalf of other organizations (known as “processors”).

      Food52 acts as a controller with respect to personal data collected as you interact with our websites, emails, and advertisements.

    2. Lawful Basis for Processing.

      Data protection laws in Europe require a “lawful basis” for processing personal data. Our lawful bases include where: (a) you have given consent to the processing for one or more specific purposes, either to us or to our service providers, partners; (b) processing is necessary for the performance of a contract with you; (c) processing is necessary for compliance with a legal obligation; or (d) processing is necessary for the purposes of the legitimate interests pursued by us or a third party, and your interests and fundamental rights and freedoms do not override those interests.

    3. Data Transfer and Privacy Shield.

      If your data is collected in Europe, we will transfer your personal data subject to appropriate safeguards, such as the Privacy Shield Framework discussed below and/or Standard Contractual Clauses.

      Food52 complies with the EU-US and Swiss-US Privacy Shield Frameworks as set forth by the US Department of Commerce regarding the collection, use, and retention of personal data from the European Union member countries (including Iceland, Liechtenstein and Norway), the United Kingdom, and Switzerland, respectively. We have certified that we adhere to the Privacy Shield Principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, recourse, enforcement and liability (the “Privacy Shield Principles”).

      In accordance with our obligations under Privacy Shield, and subject to the investigatory and enforcement powers of the Federal Trade Commission, we hereby affirm our commitment to be subject to the Privacy Shield Principals for all personal data transferred from the European Union, the United Kingdom, and Switzerland in reliance on Privacy Shield. This means that, in addition to our other obligations under the Privacy Shield Principles, we shall be liable to you for any third party agent to which we transfer your personal data and that processes such personal data in a manner that violates the Privacy Shield Principles, unless we can demonstrate that we are not responsible for the resulting damages. If there is any conflict between the policies in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.

      In compliance with the Privacy Shield Principles, we commit to resolve complaints about your privacy and our collection or use of your personal information. EU and/or Swiss individuals with inquiries or complaints regarding this Privacy Policy should first contact us at [email protected]. We have further committed to refer unresolved privacy complaints from EU and/or Swiss individuals under the Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by us, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint. If these processes do not result in a resolution, you may also contact your local data protection authority, the US Department of Commerce, and/or the Federal Trade Commission for assistance.

      Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.

    4. Your Data Subject Rights

      If you are a data subject in Europe, you have the right to access, rectify, or erase any personal data we have collected about you. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you. In addition, you have the right to ask us not to process your personal data (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us. Please allow us a reasonable time to respond to your inquiries and requests. You may exercise your rights by sending an email to [email protected], and we will respond to your request within 30 days. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your requests. If we decline your request, we will tell you why, subject to legal restrictions.

    5. Retention of Personal Data

      We will retain your personal data in a form that identifies you to fulfill the purposes for which it was collected. We may continue to retain and use information even after a data subject request for purposes of our legitimate interests, such as journalism, literature and art, scientific or historical research, statistical analysis, compliance with our legal obligations, resolving disputes, preventing fraud, and enforcing our agreements.

    6. Complaints.

      If you have a complaint about our use of your personal data or response to your requests regarding your personal data, you may submit a complaint to the data protection regulator in your jurisdiction. We would, however, appreciate the opportunity to address your concerns before you approach a data protection regulator, and would welcome you directing an inquiry first to us. To do so, please use the contact information located in the Contact Us section above.