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Privacy PolicyUpdated 2 months ago

This Privacy Policy describes the information collection, use, and sharing practices of DB Gourmet Brands LLC (“Di Bruno Bros.”, “we”, “us”, “our”)  and its member sites when you interact with our websites (the “Website”), our mobile applications (the “App”) or any other digital products on which this Privacy Policy appears (collectively, the “Services”).

For ease of understanding all the categories of data we collect, please refer to the following definitions of categories of personal information we collect:

  • Personal Identifiers: Information used to identify you, such as, your first and last name, telephone number, physical address, email address, date of birth, and any demographic information.
  • Financial Information: Information related to your payment methods, such as, your credit card and debit card information and billing address.
  • Account Information: Information related to your account, such as, your Username, password, purchase history, digital coupon usage, saved recipes, saved items, and delivery preferences.
  • Electronic Network Activity Information: Information related to your electronic network activity, such as your browsing history, information about how you use our Websites and Apps, information about your device, and information related to our live-chat feature, Ava.
  • Geolocation Information: Information about your location of your device, such as information derived from your device (e.g. based on browser or device’s IP address). We may also use location-based technology in our stores to collect information about the presence of your device if your device settings allow for this.
  • Visual Information: Information related to your visual information through the use of our closed-circuit video surveillance cameras (“CCTV”) which are installed at our stores to monitor building security and assist in crime prevention, detection, and investigation and to ensure the safety of our associates and customers.
  • Biometric Information: Information based on an individual’s biometric identifier, such face geometry, used to identify an individual.
  • Sensitive Personal Information: Information used to identify you, but is treated with a heightened degree of sensitivity, such as gender, race or ethnic origin, physical or mental health conditions or diagnoses, religious or philosophical beliefs, personal data collected from a known child, or precise geolocation information.
  • Health Information: Information related to your physical and mental health, such as, weight, body mass index, medical history, family medical history, physical or mental health conditions or diagnoses, current medication list, macronutrient and micronutrient information, dietary restrictions, biochemical data, and available laboratory results.
  • Inferences:  Inferences drawn from the other information described above.

 CONSENT

By accessing or using the Services, you consent to this Privacy Policy.  If you do not agree with this Privacy Policy, please do not access or use the Services.  Information gathered through the Services may be transferred, used, and stored in the United States or in other countries where our service providers or we are located.  If you use the Services, you agree to the transfer, use, and storage of your Personal Information (as defined below) in those countries. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. You agree that all transactions relating to the Services or Di Bruno Bros. are deemed to occur in the United States, where our servers are located.

PERSONAL INFORMATION WE COLLECT

We collect personal information, which is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, to you, when you:

  • Create an online account. If you create an online account, you provide us with your personal identifiers, and we will ask you to create a username and password. An account is necessary to access online shopping and perform other online tasks. We use this information to communicate with you about products, events, and promotions, send you special offers and coupons, process your payment, and manage your account.
  • Place an order online. Your online account will be used to place orders through our Website. We use this information to process your order and payment, as well as send you updates regarding your order.  
  • Shop at one of our stores. Our stores are equipped with CCTV footage that will automatically capture your visual information. Some of our stores are equipped with technology that captures your biometric information through the use of our CCTV cameras.   We capture this information to monitor building security and assist in crime prevention, detection, and investigation and to ensure the safety of our associates and customers.
  • Contact us. When you contact us, either by sending us an email or calling our customer service line, you provide your personal identifiers, your account information if applicable, and any other information you wish to provide. We use this personal information to respond to your questions or inquiries, troubleshoot where necessary, and address any issues you have. If you use our online virtual agent, we will collect from you the above-referenced information. We will collect from you automatically, your internet or other electronic network activity information. We use this to ensure you are not a bot, to respond to your inquiry, and to allow you to interact with our online virtual agent. 
  • Find a Store. If you use this feature on our website, you provide to us, your personal identifiers. We use this to provide you with the closest store to the location you provide.
  • Interact with us on social media. When you interact with our fan page on social networking websites, such as Meta (formerly Facebook), X (formerly Twitter), and Instagram (each a “Fan Page”) (collectively “Fan Pages”), we collect basic engagement metrics and use it to tailor content and marketing and use it to improve user experience as set forth in this section. Please note that we do not control the use or storage of the information that you have posted to any social networking websites. This information is collected and processed by the social networking websites for their own purposes, including marketing. For more information on how Facebook, Twitter, and Instagram use your personal information, please see Facebook’s Privacy Policy, Twitter’s Privacy Policy, and Instagram’s Privacy Policy.
  • Fan Pages. Because our Fan Pages are publicly accessible, when you use them to interact with other users, for example by posting, leaving comments or liking or sharing posts, any personal information that you post in them can be viewed by others or used by them as they see fit. The content you post on our Fan Pages or other public areas of social networking websites can be deleted in the same way as other content that you have created.
  • Community Management. If you reach out to our Fan pages with a question or comment, we may collect from you, your comments and contact information in order to rectify the issue or provide guidance.
  • Sweepstakes. When you participate in sweepstakes hosted on our Fan Pages, we collect from you your personal identifiers. We use this information to notify you for prize fulfillment.
  • Events and Photos. At events for which you have registered, photos and video recordings may be made (possibly by a photographer commissioned by us), in which you may also be shown. If you are the central subject of a recording, the photographer will ask you before the recording/taking the photo whether you agree and consent.
  • Aggregate data. We aggregate the data we collect for benchmarking purposes and for internal analytics.
  • Interact with the Services. In addition to the personal information you provide directly to us, we also collect information from you automatically as you use our Services via “cookies” and similar tracking technologies (including through the use of pixel tags). This includes the following internet or other electronic network activity information.

We use essential, performance, marketing, and analytics cookies to collect your usage, device, and location information when you interact with the Services. We use this information to: (i) track you within the Services; (ii) enhance user experience; (iii) conduct analytics to improve the Services; (iv) prevent fraudulent use of the Services; (v) diagnose and repair Services errors, and, in cases of abuse, track and mitigate the abuse; and (vi) market to you more effectively across different web pages and social media platforms based on your browsing habits and history. 

Particular third-party cookies to note on our Website include: Google Analytics, Double Click, and Facebook Pixel.

In general, you can also disable cookies by setting your browser to refuse cookies or indicate when a cookie is being sent. Please note, if you opt out of these targeted advertising cookies, your opt-out will be specific to the web browser, app, or device from which you accessed the opt-out. If you use multiple devices or web browsers, you will need to opt out of each browser or device that you use.

  • Google Analytics. We use Google Analytics to collect information on your use of the Services for its improvement. To collect this information, Google Analytics installs cookies on your browser or reads cookies that are already there. Google Analytics also receives information about you from applications you have downloaded that partner with Google. We do not combine the information collected through the use of Google Analytics with personal information. Google’s ability to use and share information collected by Google Analytics about your visits to our Website or to another application which partners with Google is restricted by the Google Analytics Terms of Use and Privacy Policy. To prevent your data from being used by Google Analytics, you can download the Google Analytics opt-out browser add-on, which can be accessed here. 
  • Double Click. We utilize DoubleClick by Google to serve ads based on a user’s prior visits to our Website. Each visitor to our Website receives a different cookie, and the information collected by the cookie is used to generate conversion statistics and allows us to see the total number of individuals who clicked on our ads. DoubleClick enables Google and its partners to serve ads to you based on your visits to our Website in addition to other websites on the Internet. Please review Google’s Privacy Policy for additional information on how Google uses the information collected.
  • Facebook Pixel. We use Facebook Pixel to customize our advertising and to serve you ads on your social media based on your browsing behavior. This allows your behavior to be tracked after you have been redirected to our websites and mobile applications by clicking on the Facebook ad. Facebook Pixel stores a cookie on your device to enable us to measure the effectiveness of Facebook ads for statistical and market research purposes. We do not have access to the information collected through Facebook Pixel. However, the information collected via the Facebook Pixel is also stored and processed by Facebook. Facebook may link this information to your Facebook account and also use it for its own promotional purposes in accordance with Facebook's Data Usage Policy. Facebook Pixel also allows Facebook and its partners to show you advertisements on and outside of Facebook. You can opt out of displaying Facebook ads and sharing by visiting your Facebook Ad Settings, and you can clear and control the information that third parties share with Facebook in your Off-Facebook Activity page. If you do not have a Facebook account, you can opt out of Facebook ads through the Digital Advertising Alliance. You can also follow the instructions in the “Your Information Choices” section.
  • Google AdWords. We use Google Ads to deliver advertisements to you and to track whether you have interacted with an advertisement that we have placed elsewhere on the internet. Google Ads stores a conversion-tracking cookie on your device when you click on our advertisement. The information obtained through the cookie is used to generate statistics and allows us to see the total number of users who clicked on our advertisements. We also use Google Ads to present to users of our websites and mobile applications advertisements across the internet and within the Google advertising network based on their visits to our websites and mobile applications. For more information, please review Google’s Privacy Notice. To opt out of this sharing and targeted advertising by Google, you can go to Google’s ad settings. You can also follow the instructions in the “Your Information Choices” section.

Di Bruno Bros. will also use the personal information we collect as described in this section to comply with the law, to efficiently maintain our business, and for other limited circumstances as described in HOW WE SHARE YOUR PERSONAL INFORMATION.

We also collect non-Personal Information relating to the Services, that is, information that does not personally identify an individual.  The non-Personal Information we collect includes how you interact with the Services, information generally collected or “logged” by Internet websites or Internet services when accessed or used by users, and information about your web browser or device accessing or using the Services.  

Examples of the non-Personal Information we collect are:

  • The pages of our website that you viewed during a visit or the features of the Di Bruno Bros. mobile app you use;
  • What information, content or advertisements you view or interact with using the Services; 
  • Language preferences;
  • The city and state in which you are located (but not your precise geographic location); and 
  • Unique identifiers that are not connected and cannot reasonably be connected to your personal identifiers.  

We will not use non-Personal Information to try to identify you, and if we associate any non-Personal Information with your personal identifiers, then we will treat it as Personal Information. As discussed in more detail above, we sometimes use cookies and other automatic information gathering technologies to gather Personal Information and non-Personal Information. 


HOW WE USE YOUR PERSONAL INFORMATION

We may use the information we collect to:

  • Assist us in providing, maintaining, and protecting the Services;
  • Set up, maintain, and protect accounts to use the Services;
  • Improve our online operations;
  • Process transactions;
  • Provide customer service;
  • Communicate with you, such as provide you with account- or transaction-related communications, or other newsletters, RSS feeds, and/or other communications relating to the Services;
  • Send or display offers and other content that is customized to your interests or preferences;
  • Perform research and analysis aimed at improving our products and services and developing new products or services; and 
  • Manage and maintain the systems that provide the Services.


HOW WE SHARE YOUR PERSONAL INFORMATION

A. General Sharing

Di Bruno Bros. may share personal information in the following instances:

  • Within Di Bruno Bros. We may share your personal information among our affiliated entities for the legitimate business purposes of efficiently and effectively providing the Services. Access to your personal information is limited to those on a need-to-know basis.
  • With Service Providers. We share your personal information with our service providers who help us provide you our Services. These service providers include our marketing and advertising providers, IT/webhosting providers, e-commerce providers, customer service providers, quality assurance providers, market analytical providers, delivery/shipping providers, cloud storage provider, and our payment processing providers.
  • In the event of a corporate reorganization. In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganization, merger, acquisition, sale, joint venture, assignment, consolidation, transfer, change of control, or other disposition of all or any portion of our business, assets or stock, we would share personal information with third parties, including the buyer or target (and their agents and advisors) for the purpose of facilitating and completing the transaction. We will also share personal information with third parties if we undergo bankruptcy or liquidation, in the course of such proceedings.
  • With Third Parties. We may need to disclose your personal information to third parties, such as legal advisors, law enforcement agencies, or governmental/regulatory bodies to protect our legal interests and other rights, protect against fraud or other illegal activities, prevent harm, for risk management purposes, and to comply with our legal obligations.
  • For legal purposes. We share your personal information where we are legally required to do so, such as in response to court orders, law enforcement or legal process, including for national security purposes; to establish, protect, or exercise our legal rights, as required to enforce our terms of service or other contracts; to defend against legal claims or demands; to detect, investigate, prevent, or take action against illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person; or to comply with the requirements of any applicable law.

B. Sale of Personal Information.

  • Di Bruno Bros. uses certain analytics and advertising cookies on its websites and mobile applications. These cookies collect your internet or other electronic network activity information and share it with the data analytics and advertising partners that provide them. 
  • Di Bruno Bros. has shared your personal identifiers and account information with our advertising and marketing partners to engage in lookalike advertising and targeted advertising. 

YOUR INFORMATION CHOICES

You have the following choices with respect to your personal information:

  • Correct or View Your Information. You may access your account to correct or view certain personal information you have provided to us and which is associated with your account.
  • Opt Out of Google Analytics. To prevent your data from being used by Google Analytics, you can download the Google Analytics opt-out browser, which can be accessed here.
  • Opt Out of Advertising Cookies. All session cookies are temporary and expire after you close your web browser. Persistent cookies can be removed by following your web browser’s directions. To find out how to see what cookies have been set on your computer or device, and how to reject and delete the cookies, please visit: https://www.aboutcookies.org Please note that each web browser is different. To find information relating to your browser, visit the browser developer’s website and mobile application. If you reset your web browser to refuse all cookies or to indicate when a cookie is being sent, some features of our website may not function properly. If you choose to opt out, we will place an "opt-out cookie" on your device. The "opt-out cookie" is browser specific and device specific and only lasts until cookies are cleared from your browser or device. The opt-out cookie will not work for essential cookies. If the cookie is removed or deleted, if you upgrade your browser or if you visit us from a different computer, you will need to return and update your preferences. By clicking on the “Opt-Out” links below, you will be directed to the respective third-party website where your computer will be scanned to determine who maintains cookies on you. At that time, you can either choose to opt out of all targeted advertising or you can choose to opt out of targeted advertising by selecting individual companies who maintain a cookie on your machine.
  • Association of National Advertisers opt-out registration: https://dmachoice.thedma.org/
  • Network Advertising Initiative (NAI) Opt-Out: https://www.networkadvertising.org/managing/opt_out.asp
  • Digital Advertising Alliance (DAA) Opt-Out: https://optout.aboutads.info
  • In general, you can also disable cookies by setting your browser to refuse cookies or indicate when a cookie is being sent.
  • Opt Out of Marketing Communications. You may opt out of receiving marketing emails from us by clicking the “unsubscribe” link provided at the bottom of each email we send. Please note that it may take up to ten (10) business days for your opt-out request to be processed.  Also, even if you opt out of marketing e-mails, we may continue to send you notifications necessary to the Services and certain account-related e-mails, such as notices about your account and confirmations of transactions you have requested.
  • Opt Out of SMS Messages. You may opt out of receiving marketing SMS Messages from us by responding ‘STOP’ upon receiving a SMS message. Please note that it may take up to ten (10) business days for your opt-out request to be processed.  Also, even if you opt out of marketing e-mails, we may continue to send you notifications necessary to the Services and certain account-related e-mails, such as notices about your account and confirmations of transactions you have requested.

DO NOT TRACK

We do not respond to Do Not Track requests. Do Not Track is a preference you can set in your web browser to inform websites and mobile applications that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

CERTAIN STATE RESIDENTS

You may have heard of the certain state laws including the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), Virginia Consumer Data Protection Act (VCDPA), Colorado Privacy Act (CPA), Utah Consumer Privacy Act (UCPA), Connecticut Data Privacy Act (CTDPA), Texas Data Privacy and Security Act (TDPSA), and the Oregon Consumer Privacy Act (OCPA)] which provide certain rights to California, Virginia, Colorado, Utah, Connecticut, Texas, and Oregon residents in connection with their Personal Information.  Our Services are not currently subject to any state laws providing rights in connection with Personal Information.  However, we do provide notice and transparency about our collection and use of Personal Information as described in Privacy Policy.

INFORMATION SECURITY

We implement and maintain reasonable security measures, such as access controls and encryption, to protect the personal information that we collect and maintain from unauthorized access, destruction, use, modification, or disclosure. However, no security measure or modality of data transmission is 100% secure, and we are unable to guarantee the absolute security of the personal information we have collected from you.

CHILDREN’S PRIVACY

The Services are not intended for individuals under the age of eighteen (18) years old. If we learn that we have collected or received personal information from individuals under the age of eighteen (18) we will delete the personal information. If you believe we have personal information on individuals under the age of eighteen (18), please contact us at the contact information provided below.

THIRD PARTY WEBSITES

Please note that the Services may link or integrate with third-party sites, services or apps.  We are not responsible for the privacy or security policies or practices or the content of such third parties.  Accordingly, we encourage you to review the privacy and security policies and terms of service of those third parties so that you understand how they collect, use, share and protect your information.

CHANGES TO THIS PRIVACY POLICY

We may modify or update this Privacy Policy periodically with or without prior notice by posting the updated policy on this page. You can always check the “Last Updated” date at the top of this document to see when the Privacy Policy was last changed.  If we make any material changes to this Privacy Policy, we will notify you by reasonable means, which may be by e-mail or posting a notice of the changes on our website or through the Services’ mobile app prior to the changes becoming effective.  We encourage you to check this Privacy Policy from time to time.  IF YOU DO NOT AGREE TO CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING THE SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES (WHICH IS THE “LAST UPDATED” DATE OF THIS PRIVACY POLICY). 

CONTACT US

If you have any questions or concerns regarding this Privacy Policy, please contact us at [email protected].

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