Privacy Policy

Last Modified: December 31, 2022

David & Esperanza Chavez Family Limited Partnership, Chavez Supermarket Holding Corp., and Chavez Markets Properties, LLC (collectively "Chavez Supermarket," "we," "our," "us") knows that you care about how your personal information is used and shared. We take your privacy seriously and want to outline the measures we employ in safeguarding your personal information.

This Privacy Policy covers Chavez Supermarket's treatment of information collected when you access https://chavezsuper.com/ or any other linked pages, features, content, or application services offered from time to time by Chavez Supermarket in connection therewith (the "Website") and/or any and all of the services we provide, both at our physical locations and digitally (the “Services”).

We recommend that you read this Privacy Policy carefully as it provides important information about your personal information and your rights under the law.

IF YOU ARE CALIFORNIA RESIDENT: If you are a resident of California, this entire Privacy Policy applies to you. However, please see Additional Information for California Consumers below, which will inform you in detail about our information collection practices and your specific rights.

Applicability

We collect information in several contexts as described below. However, this Privacy Policy does not apply to information we collect in connection with providing financial services (e.g., check cashing, wire transfers, money orders) or use of the Chavez Supermarket Mobile App (e.g., ordering food). For these financial services and Mobile App services, the information is subject to the privacy policies of the financial institutions (e.g., Western Union) or the mobile application providers (e.g., ChowNow), as applicable. We act as a service provider for these third parties that are the data controllers and process personal information in accordance with their instructions. You can read more about Western Union’s, Orlandi Valuta’s, and Vigo’s use of your personal information at https://www.westernunion.com/global/en/privacy-statement.html, ChowNow’s use of your personal information at https://get.chownow.com/privacy-policy, Capitol Retail Solutions use of your personal information at https://telecom.capitalretailsolutions.com/pages/privacy_policy_capitalretailsolutions.com.html, and AllTrust Networks use of your personal information at http://www.alltrustnetworks.com/privacy-policy/. This Privacy Policy applies only to Chavez Supermarket operated services.

This Privacy Policy applies to information we collect:

• on the Website;

• in providing the Services;

• in email, text or other electronic messages between you and Chavez Supermarket; or

• as otherwise specified in this Privacy Policy.

It does not apply to information collected by any third party, including through any application or content that may be linked to or be accessible from or on the Website.

Please read this Privacy Policy, along with our Cookie Notice, carefully to understand our policies and practices regarding your personal information and how we will treat it. If you do not agree with our policies and practices, you must stop using the Website and our Services. By accessing or using the Website or using any of our Services, either digitally or in-person, you acknowledge that you have read and accept the practices and policies outlined in this Privacy Policy and any other Chavez Supermarket policies or agreements in place at that time. Your visit(s) to our Website and/or our stores for our Services and any dispute over privacy is subject to this Privacy Policy. We reserve the right to make changes to this Privacy Policy from time to time. If we do so, we will post an updated Privacy Policy on the Website. Changes, modifications, additions, or deletions will be effective when posted unless stated otherwise. If any of the changes are unacceptable to you, you should cease interacting with us. Your continued use of this Website and/or the Services after we make changes is deemed to be acceptance of those changes, so please check periodically for updates.

Users Must Be At Least 16

Users of our Website and/or our Services (where collection of personal information is required) must be at least 16 years old; any user under 16 is not authorized. Our Website and/or our Services are not targeted to children under age 16. Additionally, we do not knowingly collect any personal information from children under 16 years of age.

If you have reason to believe that a child under the age of 16 has provided personal information to Chavez Supermarket through this Website and/or our Services, please contact us, and we will endeavor to delete that information from our databases.

Information We Collect and How We Collect It

We collect several types of information from and about users of the Website and/or our Services, including information:

• by which you may be personally identified, such as name, e-mail address, phone number, or any other identifier by which you may be contacted online or offline ("personal information");

• about your preferences and demographics;

• that is about you individually but does not identify you;

• about your internet connection, the equipment you use to access our Website, and Website usage details;

• Primary language spoken;

• Credit card information;

• Sensory data (e.g., video recording)

We collect this information:

• directly from you when you provide it to us, such as when you use our Services, signup for our weekly newsletter, send us a company message, contact us with inquiries, or participate in one of our contests, sweepstakes, or giveaways; and

• automatically as you use the Website. Information collected automatically may include usage details, and information collected through cookies.

By voluntarily providing us with any such information, you are consenting to our use of it in accordance with this Privacy Policy. You can choose not to provide us with certain information, but then you may not be able to take advantage of many features or opportunities.

Automatically Collected Information

Upon engaging the Website or Services, we automatically receive and record information on our server logs from your browser, including but not limited to your IP address, the type of browser used, cookie information, the page you requested, and duration of activity on our Website. Chavez Supermarket may store such information itself or such information may be included in databases owned and maintained by Chavez Supermarket affiliates within our corporate family, agents or service providers. This information may be used to customize the content you see on our Website or to communicate with you about opportunities. This information provides us with the type of user who is accessing our Website and certain browsing activities of that user. We may make use of this data at an aggregated level in order to understand, among other things, how our Website is being used. Chavez Supermarket may share this aggregate data with its affiliates within our corporate family, agents and business partners. Chavez Supermarket may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes. Please note that we have the ability to retain any data that you provide or that we collect on our Website if you do not use our services. For example, such contact details and data may be used to contact you to share opportunities or for marketing purposes.

Cookies

We use "cookies" to improve your experience and to save you time when visiting the Website. Cookies are little tags that are placed onto your computer. We assign a cookie to your computer when you first visit us in order to enable us to recognize you each time you return. Cookies allow us to customize the Website to your individual preferences in order to create a more personalized experience. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notifications when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Website’s features. For more information on our use of cookies and the data they collect, see our Cookie Notice.

Do Not Track and GPC

We may tracks users’ use of the Website, but do not track users across third-party websites. We will not respond to browser Do Not Track (DNT) signals. For more information on DNT settings generally, please visit https://allaboutdnt.com. We will honor the global privacy signal.

How We Use Your Information

We use information that you provide to us or that we collect about you, including any personal information:

• To present the Website and its contents to you.

• To register a user.

• To provide you with marketing and promotions.

• To provide you with information, opportunities, or Services that you request from us.

• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

• To notify you about changes to the Website or any products or Services we offer to provide through it.

• To personalize and improve our Website and/or Services and otherwise interact with the Website.

• To fulfill any other purpose for which you provide it.

• In any other way we may describe when you provide the information.

• For any purpose with your consent.

You may notify us to opt-out from receiving certain marketing emails and each marketing email will include an opt-out button or unsubscribe link.

Disclosure of Your Information

Chavez Supermarket is generally not in the business of selling your information; but, we may “sell” personal under the broad definition of “sale” under California law (please see Additional Information for California Residents). We have the right to disclose aggregated information about our users, and information that does not identify any individual. We may disclose personal information that we collect or you provide in accordance with this Privacy Policy:

• To our subsidiaries and affiliates within our corporate family.

• To contractors, service providers, and other third parties we use to support our business.

• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Chavez Supermarket's assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which personal information held by Chavez Supermarket about our Website and/or Services is among the assets transferred.

• To fulfill the purpose for which you provide it.

• For any other purpose disclosed by us when you provide the information.

• With your consent.

• To third party advertising partners who may use data to serve ads for us and provide us with analytics.

We may also disclose your personal information:

• To comply with a subpoena, court order, administrative or governmental order, or any other requirement of law.

• If Chavez Supermarket, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk.

• To enforce agreements, including for billing and collection purposes.

Analytics

The Website uses third-party analytics tools that drop cookies and/or similar technologies to collect and store information about your device and use of the Website. We use analytics tools to calculate visitor, session and campaign data for the Website analytics reports.

One of our tools is Google Analytics. We use Google Analytics to generate and process statistical or demographic data. Third parties, like Google, use cookies to compile reports on the website’s activity and website visitors, and provide other services related to website activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a return visitor, and any referring website. You can read more about Google’s practices in Google’s privacy policy. You can opt-out from being tracked by Google Analytics in a particular browser on a particular device by downloading and installing the Google Analytics Opt-out Browser Add-on for that browser. To learn more about how to opt-out of tracking by Google Analytics, please click here.

Targeted Advertising

Chavez Supermarket engages third-party advertising networks (“External Ad Partners”) to display advertising about our Services when you visit other websites within that advertising network. Like many other companies, we rely on retargeting, also known as remarketing, which is a type of marketing strategy that helps businesses “remind” visitors of their products and services after they leave their websites. For instance, through the use of cookies (and similar technologies) placed by External Ad Partners, online identifiers (considered personal information) are collected and then used to identify visitors to the Website on other websites or social media platforms. With this information our External Ad Partners may serve relevant ads on consumers who previously visited the Website.

Data Security

Chavez Supermarket takes reasonable steps to protect the personal information provided via the Website from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail or forms sent to or from this Website may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail or through a form. Please keep this in mind when disclosing any personal information to Chavez Supermarket via the Internet. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Links to Other Web Sites

This Privacy Policy applies only to the Website. This Website may contain links to other web sites not operated or controlled by Chavez Supermarket (the “Third Party Sites”), e.g., YouTube, Google Play Store, Apple App Store, Google Maps, or ChowNow. The policies and procedures we described here do not apply to the Third Party Sites. The links from this Website do not imply that Chavez Supermarket endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

Social Media

We use social media plug-ins (e.g., Facebook, Instagram, YouTube, and Twitter). These features may collect your IP address and/or other information as set forth in each social platform’s privacy policy, which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. Chavez Supermarket also has a presence on some social media platforms, including YouTube, Instagram, LinkedIn, Twitter, and Facebook. Through our accounts on social medial platforms, we may in some instances collect personal information when you interact with the Chavez Supermarket accounts or otherwise communicate with us through those accounts. Any information that you post on social media is governed by each social platform’s privacy notices, and any personal information that we collect via our social media accounts will be processed in accordance with this privacy policy.

Access to Information; Managing Communications; Contacting Chavez Supermarket

To keep your personal information accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct personal information in our possession that you have previously submitted via this Website. Note that you may also manage your communications preferences and the receipt of any commercial communication by clicking the “unsubscribe” link included at the bottom of all emails from Chavez Supermarket.

If you have any questions or concerns regarding this Privacy Policy and our privacy practices, please send us a detailed message to regulations@chavezsuper.com. You may also contact us at the address below:

817 Arguello Street
Redwood City, California 94063

Additional Information for California Residents

This Additional Information for California Residents (“CCPA Notice”) supplements the information contained in the Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“Consumers”). We have created this CCPA Notice in order to comply with the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (“CCPA”).

Categories of Information We Collect

Our Website collects “personal information” as that term is defined in CCPA: information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or device. In particular, within the last twelve (12) months, we have collected the following categories of personal information from Consumers:

• Identifiers

• Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

• Internet or other similar network activity

• Inferences drawn from other personal information

• Other personal information

Personal information does not include:

• Publicly available information from government records.

• Deidentified or aggregated Consumer information.

• Certain other information that is already regulated by other laws or regulations.

As explained in more detail here, we obtain the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, when you sign up on the Website. This includes the following categories of personal information:

◦ Identifiers

◦ Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

◦ Other personal information

• Indirectly. For example, from observing your actions on our Website, including by the use of cookies or from third parties. This includes the following categories of personal information:

◦ Internet or other similar network activity

◦ Inferences drawn from other personal information

• By observing Consumers’ behavior through their activity on the Website. This includes the following categories of personal information:

◦ Internet or other similar network activity

◦ Inferences drawn from other personal information

Use of Personal Information and Sensitive Personal Information

We may use, or disclose the personal information and sensitive personal information (as defined by CCPA) we or our service providers collect for one or more of the following business purposes:

Chavez Supermarket will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

How Long Do We Keep Your Personal information?

General Retention Periods

We use the following criteria to determine our retention periods: the amount, nature and sensitivity of your information, the reasons for which we collect and process your personal data, the length of time we have an ongoing relationship with you and provide you with access to our Services and/or Website, and applicable legal requirements. We will retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to comply with applicable legal, tax or accounting requirements). Additionally, we cannot delete information when it is needed for the establishment, exercise or defense of legal claims (also known as a “litigation hold”). In this case, the information must be retained as long as needed for exercising respective potential legal claims.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), we will securely store your personal information and isolate it from any further processing until deletion is possible.

For any questions about data retention, please contact regulations@chavezsuper.com.

Disclosure of Personal Information

Chavez Supermarket may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the services for us.

As explained in more detail above, we share your personal information with certain categories of third parties who assist us in providing our Website and/or Services and products and with our business.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Chavez Supermarket has disclosed the following categories of personal information for a business purpose:

• Identifiers

• Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

• Internet or other similar network activity

• Geolocation data

• Sensory Data

• Inferences drawn from other personal information

• Other personal information as may be necessary

In addition to disclosures required by law or order, we disclose your personal information for a business purpose to the following categories of service providers or third parties:

• Companies that do things to help us provide the Website and/or our Services: hosting service providers, user engagement and email service providers, certain analytics providers, payment service providers, communication tools, identity verification providers, reservation deposit providers;

• Professional service providers, such as auditors, lawyers, consultants, accountants and insurers.

Your Rights and Choices

The CCPA provides Consumers with specific rights regarding their personal information, provided that we are able to verify their identities as explained below. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive your request and verify your identity (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

• The categories of personal information we collected about you.

• The categories of sources for the personal information we collected about you.

• Our business or commercial purpose for collecting or selling that personal information.

• The categories of third parties with whom we share that personal information.

• The specific pieces of personal information we collected about you (also called a data portability request).

• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

◦ sales, identifying the personal information categories that each category of recipient purchased; and

◦ disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

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 your request and verify your identity (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) under certain circumstances, for example to:

1. Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

3. Debug products to identify and repair errors that impair existing intended functionality.

4. Exercise free speech, ensure the right of another Consumer to exercise that Consumer’s right of free speech, or exercise another right provided for by law.

5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

6. Enable solely internal uses that are reasonably aligned with Consumer expectations based on your relationship with us.

7. Comply with a legal obligation.

8. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Right to Correction

You have the right to have inaccurate personal information corrected (See Access to Information; Managing Communications; Contacting Chavez Supermarket).

Exercising Access, Data Portability, and Deletion Rights

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable Consumer request related to your personal information. You may also make a verifiable Consumer request on behalf of your minor child.

An authorized agent is a natural person or a business entity registered with the Secretary of State that a Consumer has authorized to act on his or her behalf. When a Consumer uses an authorized agent to submit a request to know or a request to delete, we may require that the Consumer provide the authorized agent written permission to do so and verify their own identity directly with us, unless the Consumer has provided the authorized agent with a valid power of attorney. We may deny a request from an agent that does not submit proof that they have been authorized by the Consumer to act on his or her behalf.

To exercise the access, data portability, correction, and/or deletion rights described above, please submit a verifiable Consumer request to us by either:

Phone: 650.367.9746

Email: regulations@chavezsuper.com

You may only make a verifiable Consumer request for access or data portability twice within a twelve (12) month period. The verifiable Consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

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 register with us. Please note that the methods for verification are set forth in the CCPA, which also requires us to consider a number of factors, such as type, sensitivity and value of the personal information or risk of harm posed by unauthorized access or deletion, on a case-by-case basis.

We will only use personal information provided in a verifiable Consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable Consumer request within forty-five (45) days of its receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing.

We will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the twelve (12) month period preceding our receipt of the verifiable Consumer’s request. If applicable, our response we provide will also explain the reasons we cannot comply with a request. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable Consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Sell and Share; Non-Discrimination

Under the CCPA, “personal information” includes information that is not necessarily directly tied to an individual’s identity but may be associated with a device. This includes identifiers such as IP addresses, web cookies, web beacons, and mobile Ad IDs. In many cases, these types of information do not directly identify you, but they are unique identifiers that could be linked to you and therefore covered by the CCPA. The term “sell” is broadly defined to include not just selling in exchange for money, but also sharing personal information (including information that does not directly identify an individual as described above) in exchange for anything of value, which is not limited to the exchange of money. Under the CCPA’s broad definition of “sell,” which includes even the common flow of information in the digital analytics and advertising ecosystem, Chavez Supermarket does “sell” personal information. Like most companies that operate websites, Chavez Supermarket uses online analytics to measure the ways users engage with our Website and to provide targeted marketing. These analytics, in turn, inform how we perform online advertising. As such, Chavez Supermarket “shares” (as defined by CCPA) your personal information for cross-contextual behavioral advertising. In order to provide these analytics and facilitate online advertising, we use third-parties that collect device identifiers and place tags, cookies, beacons, and similar tracking mechanisms on our digital properties and on third-party digital properties as set forth in our Cookie Notice. You may opt-out of our “selling” and “sharing” by accessing the Cookie Settings, or by contacting us.

We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. While you may request to delete your personal information under CCPA, such deletions may affect our ability to offer the Website or to sell our products and/or Services to you.

Questions

If you have any questions regarding this CCPA Notice, please contact us here:

817 Arguello Street
Redwood City, California 94063

Email: regulations@chavezsuper.com