Policies

Terms of Use

Update 03/05/2024

Agreement Between User and Heinen’s, Inc. (“Heinen’s”, “Company” or “we”)

The Heinen’s Website (https://marketing.heinens.com/) is comprised of various Web pages operated by on the Company’s domain (collectively, the “Website”).

The Heinen’s Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Heinen’s Website constitutes your agreement to all such terms, conditions, and notices.

Modification of These Terms of Use

Heinen’s reserves the right to change the terms, conditions, and notices under which the Website is offered, including but not limited to the changes associated with the use of the Heinen’s Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Links to Third Party Sites

The Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of Heinen’s and Heinen’s is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Heinen’s is not responsible for webcasting or any other form of transmission received from any Linked Site. Heinen’s is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Heinen’s of the site or any association with its operators.

The Website may provide certain features, including social media features, that enable you to:

(i) Link from your own or certain third-party websites to certain content on this Website;

(ii) Send emails or other communications with certain content, or links to certain content, on this Website; or

(iii) Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

(i) Establish a link from any website that is not owned by you;

(ii) Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; (or)

(iii) Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

No Unlawful or Prohibited Use

As a condition of your use of the Website, you warrant to Heinen’s that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website, nor shall you introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. You may not use the Website for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. You may not transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. You may not impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

Use of Communication Services

The Website may contain bulletin board services, chat areas, comment sections, news groups, forums, communities, personal web pages, surveys, calendars, and/or other message or communication facilities (collectively, “Communication Services”) designed to enable you to communicate with the public at large or with a group (such communications, “User Communication”); you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

(i) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

(ii) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

(iii) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

(iv) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

(v) Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

(vi) Conduct or forward surveys, contests, pyramid schemes or chain letters.

(vii) Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner

(viii) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

(ix) Restrict or inhibit any other user from using and enjoying the Communication Services.

(x) Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

(xi) Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

(xii) Violate any applicable laws or regulations.

Heinen’s has no obligation to monitor the Communication Services. However, Heinen’s reserves the right to review materials posted to a Communication Service and to remove any materials on its sole discretion. Heinen’s reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Heinen’s reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Heinen’s does not control or endorse the content, messages or information found in any Communication Service and, therefore, Heinen’s specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials Provided to Heinen’s or Posted at Any Heinen’s Website

Heinen’s does not claim ownership of the User Communications (including feedback and suggestions). However, by posting, uploading, inputting, providing or submitting your User Communications you are granting Heinen’s, its affiliated companies and necessary sublicensees a worldwide, royalty free, fully paid, perpetual, non-revocable, sublicenseable license to use your User Communication in connection with the operation of their Internet businesses including, without limitation, the rights to:

(i) Copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your User Communication; and

(ii) To publish your name in connection with your User Communication.

No compensation will be paid with respect to the use of your User Communication, as provided herein. Heinen’s is under no obligation to post or use any User Communication you may provide and may remove any User Communication at any time in our sole discretion.

By posting, uploading, inputting, providing or submitting your User Communication you warrant and represent that you own or otherwise control all of the rights to your User Communication as described in this section including, without limitation, the right to grant the above license and all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HEINEN’S AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

HEINEN’S AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HEINEN’S AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEINEN’S AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HEINEN’S OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Termination/Access Restriction

Heinen’s reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.

Title

For products you purchase through online platform, custody transfers at the time of product transfer, regardless of pickup vehicle, to you as the customer. Any issues arising from delivery product can be directed to Heinen’s for review by contacting your local store, or customerrelations@heinens.com.

General

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Ohio, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Cuyahoga County, Ohio, U.S.A. in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Heinen’s as a result of this agreement or use of the Website. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Heinen’s with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Heinen’s with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Heinen’s with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

The Company name, the Heinen’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of Heinen’s. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to customerrelations@heinens.com. ALL INQUIRIES NOT RELEVANT TO THE PROCEDURE WILL RECEIVE NO RESPONSE.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: customerrelations@heinens.com.

Introduction

Update 03/09/2024

Heinen’s, Inc. (“Company” or “we”) respects your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website https://marketing.heinens.com/ (the “Website”), the Heinen’s mobile app (the “App,” labeled as “Heinen’s,” “Heinen’s Online Grocery,” “Heinen’s Grocery Store,” or “Heinen’s, Inc.”), or utilizing the Tasteful Rewards Retail Loyalty Card (collectively, components of the “Tasteful Rewards Program”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

• On this Website and all other Websites residing on the same domain.
• On the Heinen’s mobile app.
• In emails, surveys, text messages, and other electronic messages between you and this Website.
• Through our Retail Loyalty Card (Tasteful Rewards™).
• In the process of conducting a transaction.
• Through information provided on non-electronic surveys, forms, and sign-up sheets in our stores or sponsored events.

It does not apply to information collected by us through any other means, including:

• On any other website processing information for the Company;
• On any website operated by a third party; or
• Any third party including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Tasteful Rewards Program. By accessing or using the Tasteful Rewards Program, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Tasteful Rewards Program after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. The most current date of changes will be noted as part of the policy.

Children Under the Age of 16

The Tasteful Rewards Program is not intended for children under 16 years of age. No one under age 16 may provide any personal information to the Tasteful Rewards Program. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website, App, or Tasteful Rewards Loyalty Card or through any of its features, register on the Website, App, or Tasteful Rewards Loyalty Card, make any purchases through the Tasteful Rewards Program, use any of the interactive or public comment features of the Website or App, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at customerrelations@heinens.com or 1-855-475-2300 Ext 2337.

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy Rights for more information.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of the Tasteful Rewards Program, including information:

• By which you may be personally identified, such as name, postal address, e-mail address, telephone number or any other identifier by which you may be contacted online or offline (“personal information”);
• That is used for payment, such as Credit card and other similar financial information;
• That is about you but individually does not identify you, such as product preferences, purchasing patterns, or transaction histories; and/or
• About your internet connection, the equipment you use to access the Website or App, and usage details.

We collect this information:

• Directly from you when you provide it to us.
• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, publisher provided identifiers, web beacons, and other tracking technologies.
• From third parties, for example, our business partners.

Information You Provide to Us 

The information we collect on or through the Tasteful Rewards Program may include:

• Information that you provide by filling in forms on the Tasteful Rewards Program. This includes information provided at the time of registering to use the Website or App, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, when you report a problem with the Website or App, or when you enter to win a contest.
• Tasteful Reward Loyalty Card registration forms, and information provided verbally to a Heinen’s associate in the process of registering for a Tasteful Rewards Loyalty Card at our Customer Service Desk.
• Information you provide by filling in forms or surveys at in-store events, paper surveys with contact information, customer feedback forms, and product requests.
• Information based on your purchases such as your “favorite products” that can be created on the Website or App.
• Records and copies of your correspondence (including email addresses) if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through the Tasteful Rewards Program and of the fulfillment and delivery of your orders, including orders placed online for delivery. You may be required to provide payment information before placing an order through the Website or App.
• Your search queries on the Website or App.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website or App or transmitted to other users of the Website or App or to third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website or App with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Details of transactions you carry out through the Website or App to fulfill curbside, catering and delivery orders may be transmitted to third parties to support the fulfillment of that order.

Information We Collect Through Automatic Data Collection Technologies 

As you navigate through and interact with the Website and App, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to the Website or App, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website and App.
• Information about your computer and internet connection, including your IP address, operating system, device, and browser type.

The information we collect automatically does not include personal information. This helps us improve the Website and App and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize the Website and App according to your individual interests.
• Speed up your searches.
• Recognize you when you return to the Website and App.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer or mobile device. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Website or App. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Website or App. We also use what are referred to as session cookies, which make it easier for you to navigate our site. A session ID cookie expires when you close your browser.
• Flash Cookies. Certain features of the Website or App may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Website or App. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
• Publisher Provided Identifiers. PPIDs are unique, encrypted identifiers assigned to someone signed into the Website or App across devices. PPIDs are randomized and do not include personal information.
• Web Beacons. Pages of our Website or App may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or and for other related website statistics (for example, recording the popularity of certain Website or App content and verifying system and server integrity).

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

How We Use Your Information

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

• To present the Tasteful Rewards Program and its contents to you.
• To provide you with information, products, or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account.
• 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 Tasteful Rewards Program or any products or services we offer or provide through it.
• To allow you to participate in interactive features on the Website or App.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

We may also use your information to contact you about our goods and services that may be of interest to you. We maintain three separate “Email Preferences” for tailored communications preferences sent to your provided email address:

• Reward Notification and Special Content: Personalized rewards, recipes and information tailored to your unique shopping preferences.
• Weekly Tasteful Rewards™ Specials: Your weekly email featuring member-only savings and our weekly ad, including the best deals for you.
• Club Fx: Our free wellness program providing a weekly email with nutrition tips, exclusive product promotions and access to personalized nutrition concierge services.

Once you have registered to use the Website or App, you will be provided with access to a “My Account” section which will allow you to tailor our commercial communications to your preferences. To change your preferences simply click the login module on the top menu bar. Once you have signed in you will see each of the three Email Preferences to select from in the “My Account” section in your profile. If you do not want to receive commercial communications from us, please select your choices by using the check boxes available on that section.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

• To our subsidiaries and affiliates.
• 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 the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our terms of use [https://marketing.heinens.com/policies/] and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Promotional Offers from the Company. If you do not wish to have your email address/contact information used by the Company to promote our own products or services, you can opt-out by logging into the Website or App and adjusting your Email Preferences in the My Account section of your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to customerrelations@heinens.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt-out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product issue, account service notification, product service experience or other necessary customer transactions.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website or App and visiting your account profile page.

You may also send us an email at customerrelations@heinens.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website or App, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Website or App users. Proper access and use of information provided on the Website or App, including User Contributions, is governed by our terms of use [https://marketing.heinens.com/policies/].

California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.

Mobile Devices

Mobile Device Unique Identifier. When connecting to the Website or App via a service provider that uniquely identifies your mobile device, the Company may receive this identification and use it to offer extended services and/or functionality. Certain services may require our collection of your phone number, including notifications related to your online grocery orders or availability of product during the shopping of said order. We may associate that phone number to the mobile device identification information. However, we will not use that phone number or share your number for the use of telemarketing.

Physical Location. When you download our mobile applications, the Company obtains your consent to use the information for pinpointing technology such as GPS and cell tower information. We may use and store this information, in combination with other location-based information such as IP address, billing postal code provided by your carrier or registration location, to provide enhanced location-based services, serve location-targeted advertising, search results, and other content.

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit the State of California Department of Justice Officer of the Attorney General website.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt that information using secure socket layer technology (SSL). Once we received the data it is immediately re-encrypted prior to storage. By default, payment card data is permanently destroyed within 91 days of submission.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Website or App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like comment sections. The information you share in public areas may be viewed by any user of the Website or App.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Website or App. 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 or App.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: customerrelations@heinens.com or 1-855-475-2300 Ext 2337.

Privacy Notice for California Residents

This Privacy Notice for California Residents supplements the information contained in Heinen’s Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.

Information We Collect

Our Tasteful Rewards Program collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA’s scope, like:
  • Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

In particular, the Tasteful Rewards Program has collected the following categories of personal information from its consumers within the last twelve (12) months:

A. Identifiers.

• Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
• Collected: YES

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

• Examples: A name, signature, physical characteristics or description, address, telephone number, bank account number, credit card number, debit card number, or any other financial information
• Some personal information included in this category may overlap with other categories.
• Collected: YES

C. Protected classification characteristics under California or federal law.

• Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
• Collected: YES

D. Commercial information.

• Example: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
• Collected: YES

E. Biometric information.

• Example: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
• Collected: YES

F. Internet or other similar network activity.

• Example: Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
• Collected: YES

G. Geolocation data.

• Example: Physical location or movements.
• Collected: YES

H. Sensory data.

• Example: Audio, electronic, visual, thermal, olfactory, or similar information.
• Collected: NO

I. Professional or employment-related information.

• Example: Current or past job history or performance evaluations.
• Collected: NO

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

• Example: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
• Collected: NO

K. Inferences drawn from other personal information.

• Example: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
• Collected: YES

The Tasteful Rewards Program obtains the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete or products and services you purchase.
• Indirectly from you. For example, from observing your actions on the Website or App.

Use of Personal Information

We may use, sell, or disclose the personal information we collect for one or more of the following purposes:

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
• To provide, support, personalize, and develop the Tasteful Rewards Program, products, and services.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, refunds, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize the Tasteful Rewards Program experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through the Website or App, third-party sites, and via email or text message (with your consent, where required by law).
• To help maintain the safety, security, and integrity of the Tasteful Rewards Program, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve the Tasteful Rewards Program, products, and services.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about the Tasteful Rewards Program users is among the assets transferred.

We 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.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose, or sell your personal information, subject to your right to opt-out of those sales. We share your personal information with the following categories of third parties:

• Service providers and business partners.
• Affiliated entities.

Disclosures of Personal Information for a Business Purpose

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

• Category A: Identifiers.
• Category B: California Customer Records personal information categories.
• Category D: Commercial information.
• Category F: Internet or other similar network activity.
• Category G: Geolocation data.
• Category K: Inferences drawn from other personal information.

We share your personal information with the following categories of third parties:

• Service providers and business partners.
• Affiliated entities.

Sales of Personal Information

In the preceding twelve (12) months, the Company has sold the following categories of personal information:

• Category D: Commercial information.
• Category G: Geolocation data.
• Category K: Inferences drawn from other personal information.

We sell your personal information to the following categories of third parties:

• Internet cookie data recipients
• Data Aggregators

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. 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 12 months. Once we receive and confirm your verifiable consumer request, 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 and confirm your verifiable consumer request, 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) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

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

• Calling us at 1-855-475-2300 Ext 2337.
• Emailing us at customerrelations@heinens.com

Only you, or someone legally authorized 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.

You may only make a verifiable consumer request for access or data portability twice within a 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 create an account with us.

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 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. 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.

Personal Information Sales Opt-Out and Opt-In Rights

If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by either:

• Calling us at 1-855-475-2300 Ext 2337.
• Emailing us at customerrelations@heinens.com.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by either:

• Calling us at 1-855-475-2300 Ext 2337.
• Emailing us at customerrelations@heinens.com

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Tasteful Rewards Program that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to customerrelations@heinens.com.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of the Tasteful Rewards Program following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which we collect and uses your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

• Phone: 1-855-475-2300 Ext 2337
• Email: customerrelations@heinens.com

Notice of Right to Opt Out of Sale of Personal Information

Heinen’s, Inc. (“Company,” “we” or “us”) respects your privacy. Your trust is important to us and we are committed to providing you with meaningful choices with respect to the information we collect from or about you. Beginning January 1, 2020, the California Consumer Privacy Act of 2018 (the “CCPA”) provides California residents with certain rights with respect to their Personal Information, including the right to opt out of certain disclosures of Personal Information as explained below.

We collect information from or about you, including Personal Information, when you use our services as described in our Privacy Policy. We generally do not directly sell your Personal Information in the conventional sense (i.e., for money). Like many companies, however, we use services that help deliver interest-based ads to you and may transfer Personal Information to business partners for their use. Making Personal Information (such as online identifiers or browsing activity) available to these companies may be considered a “sale” under the CCPA.

Under the CCPA, you have the right to opt out of the “sale” of your Personal Information. We provide this right, subject to a verifiable consumer request. To exercise this right email us at customerrelations@heinens.com. You can also call our toll-free number at -855-475-2300 Ext 2337 to speak with one of our representatives.

Please note that this opt-out will apply on a going forward basis with respect to our disclosure of information. Additionally, some transfers of your Personal Information may not be considered “sales” and certain exemptions may apply under the CCPA. Your selection does not affect other sharing of your information, as outlined in our Privacy Policy. You will still see some advertising, regardless of your selection. Your selection is saved to this browser, on this device.

If you have any other questions or requests, please contact us at:

• Phone: 1-855-475-2300 Ext 2337
• Email: customerrelations@heinens.com

• Company Name or logo must be displayed on the coupon
• Barcode (UPC/GS1) must be visible so it can be scanned
• The expiration date must be visible
• Heinen’s accepts one coupon per item
• Heinen’s does not double or triple coupons

• Company name or logo must be displayed on the coupon
• The wording “Manufacturer’s Coupon” must be present on the front of the coupon
• Barcode (UPC/GS1) must be visible so it can be scanned
• The expiration date must be visible
• Internet coupons are only accepted up to $3.00
• We do not accept internet coupons for FREE products
• Photocopies and scanned coupons are not accepted
• We accept only one coupon per item but will accept up to two coupons on like products (example: if you purchase two bottles of detergent you may use one coupon per bottle). If a third is purchased, no internet coupon can be used, but a conventional paper manufacturers coupon can be used on the third item

Currently, Heinen’s does not accept coupons loaded onto a mobile device. (cell phones, smartphones, iPads, etc.)

• Rain checks will be issued at the Store Customer Service Desk only
• Heinen’s reserves the right to limit quantities when issuing rain checks
• Rain checks are valid for 30 days from issue date
• Rain checks are not issued or redeemable for online purchases.
• Rain checks will only be issued for items advertised as Tasteful Rewards Weekly Specials or in our Weekly Ad Circular.
• No rain checks allowed on alcohol, fresh seafood, prepared food, floral items, personalized promotions, on one-day sales, special sales and promotions or where otherwise noted by Heinen’s.

• Product availability may vary by location, and my not be available online.
• We reserve the right to limit quantities
• None sold to vendors
• Not responsible for typographical or photographic errors
• Ads are subject to Heinen’s Rain Check Policy

• All promoted pricing, personalized rewards, and other offers must be redeemed in full, and may not be redeemed for cash.
• Promoted pricing, personalized rewards, and other offers may not be transferred to other parties.
• No substitutions allowed.
• None sold to vendors.
• Heinen’s reserves the right to limit quantities on any promotions, rewards and offers.
• Product availability may vary by location, and may not be available online.
• Heinen’s is not responsible for typographical or photographic errors.
• Offers and pricing are not valid on purchase of alcohol, stamps or gift cards.
• Promoted pricing, personalized rewards and other offers are subject to Heinen’s Rain Check Policy.
• Promoted pricing, personalized rewards, and other offers are only valid for the dates listed in your notification email and/or while supplies last.
• Promoted pricing, personalized rewards, and other offers are valid with use of your Heinen’s Tasteful Rewards Card in-store.
• Select promotions, personalized rewards, and other offers may also be eligible for use online at shop.heinens.com when available and as noted in email.
• Email copies or photocopies are not valid or sufficient for offer redemption.
• Delivery and curbside pickup are available at select Heinen’s locations. Please check shop.heinens.com to see if your preferred location supports delivery or curbside pickup.
• Delivery and curbside pickup orders are subject to a $30 minimum total transaction amount before any fees or tips.

• Heinen’s customers receive emails with promoted pricing, personalized rewards, and other offers because they chose to receive messages from Heinen’s Tasteful Rewards.
• Heinen’s customers may subscribe to or unsubscribe from all email communication by updating their profile or by calling our Customer Relations team at 1-855-475-2300, Ext. 2337.
• Heinen’s values your privacy and will never sell or share your email address.
• Heinen’s will not email you without your permission.

• Please contact your store of purchase for return information
• Alcohol purchases cannot be returned to any store

Heinen’s allows approved customers with a Tasteful Rewards™ account to write checks for purchases. To learn more and apply for check writing privileges, please visit the Customer Service Desk at your preferred Heinen’s location with a valid state issued ID.

Heinen’s does not permit solicitation anywhere on our property, with limited exceptions approved by our executive team, including Girl Scouts and Boy Scouts drives in select areas. For further information, please contact, in writing, Heinen’s Customer Relations Department at:

Heinen’s
Customer Relations
4540 Richmond Road
Warrensville Hts, Ohio 44128
customerrelations@heinens.com
1-855-475-2300, Ext 2337