I. Introduction and Overview
II. Additional Terms
We may share any information collected from this The Fresh Market Store Site, including your personal information, information about your order details, and information that we combine from other sources, with The Fresh Market. The Fresh Market] may use this information for its own purposes, including for its own sales and marketing purposes.
III. Information We Collect
1. Information you provide to us or allow others to provide to us
At various points in the Instacart experience, you may provide us with information about yourself. For example, when you create an account through the Services, you provide us with personal information like your name, email address, and zip or postal code. You may also provide us with information about your taste preferences and who you shop for. And if you place an order through the Services, we collect information including your address, phone number, birth date, driver’s license expiration date (for alcohol orders or orders that are age-restricted or exceed a certain dollar amount, where available), credit card information, vehicle license plate number(s) (for curbside pickup orders) and the details of your order.
We may also collect health information that you provide directly to us regarding an experience with the The Fresh Market that may require us to contact The Fresh Market, or other retailer partners, for public health or safety reasons, or to facilitate a refund. We do not share your identity with the retailers that we may contact in such a capacity, but may share the date, time and location of a transaction, which may allow a retailer to independently identify you.
If you log into the Services through a third-party service, both we and that third-party may receive some information about you and your use of the services. For example, if you choose to log into the Services with your Facebook or Google account, we may receive information from these companies, such as your name, e-mail address, public profile information, and information about your contacts. We may also offer social sharing tools (such as a “Like” button) that let you share actions on the Services with other websites and vice versa. In those cases, the providers of those tools may receive information about you when you use those tools. You should check the privacy policies of these third-party services and your settings there for more information.
If you wish to invite your friends and contacts to use the Services, we will give you the option of either entering in their contact information manually or, for United States residents, importing it from your address books on other third-party services. In both cases, we will store this information for the sole purposes of allowing you to send your friends referral offers, for determining whether your friends use the Services after a referral is sent, and, for United States residents, to remind your friends of the referral sent on your behalf.
Our partners may let us collect information about use of their sites/apps or share such information with us. For example, if you use an Instacart button or widget on another site or app, we may receive information about your use of that button or widget and the third-party site/app. We also may collect information about you from partners with whom we work for advertising measurement, attribution and analytics; from partners who assist us in payment collection, preventing or addressing fraud, or to assist us in connection with claims or disputes; from publicly-available sources; and from law enforcement, public health and other governmental authorities.
When you use the Services, we may collect precise location data. For instance, if you allow the Services to access location services through the permission system used by your device's mobile operating system or browser, we may collect the precise location of your device. We use your location information to facilitate the prompt hand-off of pickup orders (where available), to assist you in finding nearby stores for which pickup or delivery are available, for other similar purposes and for analytics purposes. You can choose whether or not to enable the location tracking feature through the settings on your device or browser, or when prompted by the Instacart mobile app. We may also infer your general location information, for example by using your internet protocol (IP) address.
2. Technical information about usage of the Services
When you use the Services, or browse our sites, either through a browser or mobile app, we automatically receive some technical information – device and usage information – about the hardware and software that is being used.
Cookies, Pixels, and Other Tracking Technologies:
We, our partners, our advertisers, and third-party advertising networks use various technologies to collect information, including but not limited to cookies, pixels, scripts, SDKs, and device identifiers. Cookies are small text files that are sent by your computer when you access our services through a browser. We, our partners, our advertisers, and third-party advertising networks may use session cookies (which expire when you close your browser), persistent cookies (which only expire when you choose to clear them from your browser), pixels, scripts, and other identifiers to collect information from your browser or device that helps us do things such as understand how you use our Services and other services; personalize your experience; measure, manage, and display advertising on the Services or on other services; understand your usage of the Services and other services in order to serve customized ads; and remember that you are logged into the Services.
Our partners, advertisers, and third-party advertising networks may use these technologies to collect information about your online activity over time and across different websites or online services. By using your browser settings, you may block cookies or adjust settings for notifications when a cookie is set.
We work with third-party companies to help us understand the usage of the Services and the performance of advertising, and these third parties may also deploy cookies, pixels, or other identifiers on the Services or collect information through our mobile applications. For example, we use Google Analytics to understand how users interact with various portions of the Services -- you can learn more about information that Google may collect here.
When you use the Services, or browse our sites, our servers will record information about your usage of the Services and information that is sent by your browser or device. Log information can include things like the IP address of your device, information about the browser, operating system and/or app you are using, unique device identifiers, pages that you navigate to and links that you click, searches that you run on the Services, and other ways you interact with the Services. If you are logged into the Services, this information is stored with your account information.
Interest-Based or Online Behavioral Advertising:
Instacart may use third-party advertising companies to serve interest-based advertisements to you. These companies compile information from various online sources (including mobile-enabled browsers and applications) to match you with ads that will be the most relevant, interesting, and timely for you. If you would like to opt-out of interest-based advertising, please visit http://optout.networkadvertising.org/#/ . Please note that you will be opted out of all interest-based advertising from all business members of the Network Advertising Initiative for that specific browser on that specific device. If you opt-out, you may continue to see Instacart’s or our partners’ online advertisements; however, these ads will not be as relevant to you.
Do Not Track:
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Instacart does not respond to “Do Not Track” signals. For more information, visit http://www.allaboutdnt.com.
Our Services are not intended for children under 16 years of age, and we do not knowingly collect personal information (as defined by the U.S. Children’s Online Privacy Protection Act, or “COPPA”) in a manner not permitted by COPPA. If we obtain actual knowledge that any information we collect has been provided by a child under the age of 16, we will delete that information to the extent required by applicable laws.
We do not knowingly “sell,” as that term is defined under the California Consumer Protect Act (“CCPA”), the personal information of minors under 16 years old who are California residents.
IV. How We Use Your Information
We use the information we collect for various purposes, including to:
- Provide the Services to you, improve the quality of the Services, and develop new products and services
- Allow your Personal Shopper (meaning those that shop for and/or deliver the order for you, including the The Fresh Market and their employees/agents where applicable or our third-party providers) to choose your items at The Fresh Market’s site, deliver your items to you, and/or call or text you with any updates or issues
- Charge you for the purchase and delivery costs through one or more payment processing partners
- Offer you customized content (including advertising, coupons, and promotions)
- Understand how users interact with the Services (including advertising both on and off the Services) as a whole, and to test new features or changes in our features
- Provide customer service, respond to your communications and requests, and contact you about your use of the Services
V. What We Share
The Services comprise a platform that presents you with a set of one or more retailer virtual storefronts from which you can select goods for picking, packing, and delivery by individual Personal Shopper(s) to your location or, if available, for you to pick up in-store. In order to make this work, we need to share information about you and your order with the other parties who help enable the service. This includes, for example, the Personal Shopper(s) who pick and deliver your order, the payment processing partner(s) that we use to validate and charge your credit card, and the retail partner(s) from which you are purchasing goods. To be clear, only our payment processing partner(s) receive credit card information.
We also share information under the following principles:
- With your consent or at your direction— We will share your information with entities outside of the Services when we have your consent to do so or it is done at your direction. For example:
- If you enter loyalty card information from the The Fresh Market, we share that information with the The Fresh Market along with your order so that information can be added to your loyalty card account.
- If you share a recipe publicly on the Services, it is viewable by anyone along with your first name and last initial.
- If you invite friends to use the Services through our referral program or to share a shopping cart, we will share some information with the friends you invite like your name and picture. Likewise, if you choose to join someone else’s cart, they will see some of your information.
- With the The Fresh Market — We share your information with the The Fresh Market in order to provide and maintain the Services.
- For external processing or service provision — We sometimes share information with third parties to process information on our behalf or to otherwise provide certain services (such as delivery services, advertising services, or information to better tailor our services to you). For the purposes of this processing or provision of services, we may share your information with such third parties under appropriate confidentiality provisions.
- For legal purposes — We may share your information when we believe that the disclosure is reasonably necessary to (a) comply with applicable laws, regulations, legal process, or requests from law enforcement or regulatory authorities, (b) prevent, detect, or otherwise handle fraud, security, or technical issues, and (c) protect the safety, rights, or property of any person, the public, or Instacart.
- On a non-personal or aggregate basis — We share information on both a non-personally identifying basis (including, but not limited to, order and delivery details but not including credit card information) or an aggregate basis.
- To enable purchase of alcohol (not available in all jurisdictions) — When you buy alcohol using the Services, we may be required by law to share certain information with the Retailer. This information could include, among other things, the names and addresses of the purchaser and recipient, government issued ID information, the quantity, brand, price, proof, and volume of alcohol purchased, and a recipient signature.
For business purposes — We may share your information in connection with, or during negotiations of, any merger, sale of company assets, financing, restructuring restructuring (including transfers made as a part of insolvency or bankruptcy proceedings) or acquisition of all or a portion of our business by another company, bankruptcy included. We may also share your information between and among Instacart, and its current and future parents, affiliates, subsidiaries, and other companies under common control and ownership.
We employ and maintain reasonable administrative, physical, and technical measures designed to safeguard and protect information under our control from unauthorized access, use, and disclosure. In addition, when we collect, maintain, access, use, or disclose your PHI, we will do so using systems and processes consistent with information privacy and security requirements under applicable federal and state laws, including, without limitation, HIPAA. All electronic PHI will be encrypted at rest and in transit. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of information about you.
We will make any legally required notifications of any breach of the security, confidentiality, or integrity of your PHI or PII, including, without limitation, breaches of your stored PHI or PII (as breaches are defined under applicable state or federal statutes on security breach notification). To the extent permitted by applicable laws, we will make such notifications to you without unreasonable delay, as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
VII. Your Choices
We provide you with the right to access or request the deletion of your personal information. You may also correct or update your account information.
Correcting or updating your account information
You may update your name, telephone number, address and payment information by logging into your Instacart account and visiting the “Account Settings” page. You may also view existing and past orders.
Requesting access to or deletion of your personal information
You may request access to the personal Information we collected about in the past twelve (12) months and you may request the deletion of your personal information. Note that access and deletion requests are subject to certain exceptions, including to protect the security of the information and of your account.
- Account Holders. If you are an Instacart account holder, click here to exercise these choices. For verification purposes, you will be prompted to re-log into the Services
- Non-Account Holders. If you do not have an Instacart account or are unable to log into the Services, you may contact us at email@example.com.
- Authorized Agents. If you have designated an authorized agent to submit requests on your behalf, the authorized agent must submit requests at firstname.lastname@example.org. Before processing a request from an authorized agent, we require written proof of the authorization you have provided the agent and will also verify your identity directly.
VIII. Changes to this Policy
IX. Disclosures for Residents of California
This section is only applicable if the The Fresh Market offers goods and services to 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 those rights. The words used in this section have the meanings given to them in the CCPA, which may be broader than their common meaning. For example, the definition of “personal information” under the CCPA includes your name, but also more general information like age.
A. Notice of Collection
Although the information we collect is described in greater detail in Section II above, the categories of personal information that we have collected – as described by the CCPA – including in the past 12 months are:
- Identifiers - including name, email address, and IP address.
- Other individual customer records - including phone number , billing and shipping address, and credit or debit card information. This category includes personal information protected under pre-existing California law (Cal. Civ. Code 1798.80(e)), and overlaps with other categories listed here
- Demographics - including your age. This category includes data that may qualify as protected classifications under other California or federal laws.
- Commercial information - including purchases and engagement with our Services.
- Internet activity - including your interactions with our Service.
- Geolocation data - including location enabled services such as WiFi and GPS.
- Sensory Information - such as recordings of phone calls between you and us and surveillance video at our properties, where permitted by law.
- Inferences - including information about your interests, preferences and favorites.
- Health Information - including any information you provide to us regarding an experience with a retailer that may require us to contact that retailer or other retailer partners for public health or safety reasons, or to facilitate a refund. We do not share your identity with retailers we may contact in such a capacity, but do share date, time and location of a transaction, which may allow a retailer to independently identify you.
For more information on our collection practices, including the sources we receive information from, please review “Information We Collect” (Section II above). We collect and use these categories of personal information for the business purposes described in “How We Use Your Information” (Section III above), including to provide and manage our Services.
We disclose the following categories of personal information to third parties for our commercial purposes: identifiers, demographic information, commercial information, relevant order information, internet activity, geolocation data, sensory information, and inferences. We partner with different types of entities to assist with our daily operations and manage our Services. Please review “What We Share” (Section IV above) for more detail about the third parties we have shared information with and the underlying principles the guide our sharing practices.
B. Right to Know and Delete
California residents 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 twelve (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.
If you would like to download or delete your personal information, you can do so here, or email us at email@example.com. In the 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.
C. Right to Opt-Out
We do not generally sell information as the term “sell” is traditionally understood. However, if and to the extent “sale” under the CCPA is interpreted to include advertising technology activities such as those implemented specifically for interest-based advertising, we will comply with applicable law as to such activity.
D. Right to Non-Discrimination
You have the right not to receive discriminatory treatment by us for the exercise of any your rights.
E. 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 offer a number of promotions and other incentives at any given time, each with their own individual terms. For a list and more details about our promotions and other incentives current at this time, please visit our “Terms of Promos and Credits” page which lists each promotion and links its respective terms here. Your intentional participation in any of the programs, benefits, or other offerings under this Section will be interpreted as affirmative consent to the terms of such incentive.
For example, we offer a referral rewards program to our users who recommend our services to their contacts as prospective customers, when those prospective customers sign up for, and make a purchase using our Services. We generally do not treat consumers differently if they exercise a right under California law. However, in certain circumstances, discounted prices or rewards will require you to be part of the particular program. In such circumstances, we may offer a price difference because the price is reasonably related to the value of your data.
F. Consumer Affairs
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: If you have a question or complaint regarding the Website, please send an email to firstname.lastname@example.org. You may also contact us by writing to us at the address provided below under the Section entitled “Contact Information”. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
X. Disclosure for Residents of Nevada
If you are a Nevada resident, you may ask Instacart to add you to our opt-out list for possible future sales of certain information we have collected or will collect about you. 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. To submit such a request, please contact our designated request email address: email@example.com.
XI. Disclosure for Residents of Canada
XII. Contact Information
50, Beale Street, bureau 600
For customer service inquiries visit our Help Center
If you have comments concerning this website’s accessibility, please contact us at the email address firstname.lastname@example.org.