Misfits Market Privacy Policy

Effective Date: February 21, 2019

Welcome to Misfits Market! As used in this Privacy Policy, the terms “Misfits Market,” “we” and “us” refer to Misfits Market, Inc.

Misfits Market is committed to protecting and respecting your privacy.

This Privacy Policy describes how we collect, use, protect and share information about you that we obtain when you access and use our Website (defined below), including when you register for an account, purchase our Products, request customer support, participate in contests or promotions, or submit questions or feedback.  This Privacy Policy also applies to information that we obtain when you communicate or interact with us outside of the Website, including by e-mail, telephone and otherwise.

Please read this Privacy Policy carefully to understand how we will treat your information before you start to use our Website or communicate with us outside the Website.  This Privacy Policy also is intended to explain the conditions under which Misfits Market uses and discloses that information, and your rights in relation to that information.  Changes to this Privacy Policy are discussed at the end of this document.

For purposes of this Privacy Policy, the following defined terms mean:

  • Products” refers to the produce and other food items provided by Misfits Market and its service providers, and any and all related services and promotions.
  • User” means any person who accesses or uses the Website in any manner.  References to “access” and/or “use” of the Website (and any variations thereof) include the acts of accessing or browsing the Website, and purchasing or using the Products.
  • Website” means any and all websites owned or operated by Misfits Market (including the website currently located at www.misfitsmarket.com), through which access to Misfits Market' Products are available.  References to the "Website" include any and all related features, functionality, tools, and content.

BY ACCESSING OR USING OUR WEBSITE OR COMMUNICATING WITH US OUTSIDE OF THE WEBSITE, YOU ARE ACCEPTING AND CONSENTING TO THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY, WHICH MAY BE UPDATED AND AMENDED FROM TIME TO TIME.  IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, YOU MUST NOT ACCESS OR USE OUR WEBSITE OR OTHERWISE COMMUNICATE WITH US.

Please click on the sections below to learn more about our Privacy Policy:

HOW WE COLLECT INFORMATION

Information You Provide to Us

We collect information that you provide directly to us, including when you register for an account, purchase Products, update your e-mail preferences, respond to a survey or provide other feedback about the Website, or contact us with questions or comments about the Website.  

We will not ask for or request sensitive information such as government identifiers, medical information, or financial information (except in connection to payments).  Please do not provide this information to us through e-mails, feedback forms or in any other way unless specifically requested.

Information Generated from Use of the Website

We also collect certain technical information when you access, browse and use our Website, including information that we automatically receive and record from your browser or mobile platform on our server logs.  This technical information helps us operate and provide our Website to you, and includes standard information about visits and system capabilities, such as:

  • information about the device(s) you use to access our Website, including MAC address, IP address, browser type and version, your location, time zone setting, browser plug-in types and versions, operating system and platform, device type, device and application identifiers, operating information, mobile carrier, and cookies;
  • information about your visits to the Website, including the full URL clickstream to, through, and from the Website, including dates and times;
  • information we need and use to facilitate your use of our Website (including to provide access to third party websites and services), such as URL requests, destination IP addresses, or device configuration details;
  • pages you view, searches you run, length of time browsing search results, specific search results you select to view, length of visits to other pages, page interaction information (such as scrolling, clicks, and mouse-overs), your engagement with certain variable/dynamic elements of a page and methods used to browse away from the page; and
  • page response times and download errors.

Some of the information we collect is generated using cookies and beacons.  For more details about cookies, beacons, and your choices, see Cookies and Beacons below.

Information from Other Sources

We may supplement the technical information we collect from your use of the Website with information collected by third parties.  Such third parties may include service providers, such as and Google Inc. that help us understand our Users and provide better service to our Users.

  • HOW INFORMATION MAY BE USED

  • Personally Identifiable Information

    Some of the information we collect through your use of our Website or communications with us may personally identify you (“Personally Identifiable Information”).  The types of Personally Identifiable Information you may submit in connection with use of the Service include:

    • contact information (such as name, billing and/or shipping address, email address and telephone number);
    • account passwords for the Website;
    • payment card information and other billing information (such as card image, card number, cardholder name, expiration date and card verification code) associated with your account; and
    • geographic location.

    Other data derived from your use of the Website is treated as "Non-Personally Identifiable Information," unless it is combined with Personally Identifiable Information, or unless otherwise required by applicable law.

    We may use the Personally Identifiable Information we collect, to:

    • provide the Website to you and send you information that enables you to use our Website and purchase Products;
    • operate our Website, including access management, payment processing, Website administration, internal operations, troubleshooting, data analysis, testing, research, statistical and survey purposes;
    • create and manage your account;
    • contact you about activity on your account;
    • respond to your requests, feedback or inquiries;
    • notify you about updates, information, or alerts regarding our Website;
    • comply with laws, regulations, and other legal requirements, as well as relevant industry standards and our policies;
    • protect and enforce our rights and the rights of other Users against unlawful activity, including identify theft and fraud, and other violations of our Terms of Use;
    • protect and enforce our rights arising under any agreements entered into between you and us, including billing and collection;
    • protect the integrity and maintain the security of our Website, including secured areas of the Website; and
    • operate, evaluate and improve our business, including conducting surveys and market research, developing new products, services, and promotions (such as, for example, special events, programs, offers, contests), analyzing and enhancing existing products, services, and promotions, managing our communications; performing accounting, auditing, and other internal functions.

    In addition, we may use your information as described in any notice provided at the time you provide the information; and for any other purpose for which you may provide consent.

    Non-Personally Identifiable Information

    In addition to the uses described above, we may also use Non-Personally Identifiable Information to deliver content tailored to your interests and the manner in which you use our Website and present content in a manner that is optimized for your device.

    We may also combine technical information, or Non-Personally Identifiable Information, about your use of our Website with information that we obtain from other Users to use in an aggregate or anonymous manner for similar purposes.

  • HOW INFORMATION MAY BE SHARED

  • Personally Identifiable Information

    We will not sell or share your Personally Identifiable Information with third parties for the third party's own direct marketing purposes without your express consent.  

    We may share Personally Identifiable Information with:

    • our subsidiaries and affiliates;
    • our service providers to the extent reasonably necessary to enable us operate our business and provide our Website to you, as described in this Privacy Policy (e.g., to an e-mail service provider in order to enable us to e-mail you);
    • a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, liquidation, 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 Personally Identifiable Information held by us about our Users is among the assets transferred;
    • other third parties with your express consent for any purpose disclosed by us when you provide the information; and
    • you, upon your written request.

    We do not permit these third parties to use any Personally Identifiable Information we share for any purpose other than (i) as described in this Privacy Policy, and (ii) to comply with their own legal requirements.

    We may also disclose Personally Identifiable Information with law enforcement agencies, government officials, or other third parties as necessary for the purpose of:

    • complying with any court order, law or legal process, including to respond to any government or regulatory request;
    • preventing fraud and providing credit risk reduction;
    • investigating potential unauthorized access or misuse of our Website or other breach of our Terms of Use, Supplemental Terms (as defined below), Website Rules (as defined below) other agreements;
    • protecting the assets or property, and enforcing the rights of Misfits Market, including for billing and collection purposes; and
    • protecting the rights, property, or safety of our Users or others.

    In the event that we receive a request from a governmental entity to provide it with your Personally Identifiable Information, we will make reasonable attempts to notify you of such request, to the extent reasonably possible and legally permissible.

    Notice to California Residents / Your California Privacy Rights

    California Civil Code permits California residents to request that we not share your Personally Identifiable Information with third parties for their direct marketing purposes.  If you are a California resident, you may contact contact@misfitsmarket.com to request information regarding how we share Personally Identifiable Information with third parties for their direct marketing purposes and/or to request that such information not be shared with third parties for such purposes.

    Non-Personally Identifiable Information

    In addition, we may share Non-Personally Identifiable Information, including aggregated or anonymized data:

    • to our partners about how our users, collectively, use our Website, so that our partners may also understand how often people use their services and our Website;
    • with analytics, search engine, or other service providers that help us improve our Website;
    • to report to our affiliates, licensors and service providers about the use of various aspects of the Website; and
    • with other Users or prospective Users of the Website.
    COOKIES AND BEACONS

    We may use cookies, beacons and similar technologies, now or in the future, to support the functionality of our Website.  This provides a better experience when you visit our Website and allows us to improve our Website. Our service providers may use cookies and beacons to collect and share Non-Personally Identifiable Information about your activities both on our Website and on other websites.  In addition, third parties that are unaffiliated with us may also collect information about you, including tracking your browsing history, when you use our Website. We do not have control over these third party collection practices. If you wish to minimize these third-party collections, and you can adjust the settings of your browsers or install plug-ins and add-ins.

    • Browser Cookies.  A browser cookie is a small file placed on the hard drive of your computer.  That cookie then communicates with servers, ours or those of other companies that we authorize to collect data for us, and allows recognition of your personal computer.  We do not collect Personally Identifiable Information from browser cookies and we do not associate browser cookies with your Personally Identifiable Information.

    You may use the tools available on your computer or other device to set your browser to refuse or disable all or some browser cookies, or to alert you when cookies are being set.  However, if you refuse or disable all browser cookies, you may be unable to access certain parts or use certain features or functionality of our Website.

    Unless you have adjusted your browser settings so that it refuses all cookies, we may use cookies when you direct your browser to our Website.

    To learn more about cookies, you can visit http://www.allaboutcookies.org.

    • Beacons.  Our Website and e-mails may contain small electronic files known as beacons (also referred to as web beacons, clear GIFs, pixel tags and single-pixel GIFs) that permit us to, for example, count Users who have visited those pages or opened an e-mail and for other website-related statistics.  Beacons in e-mail marketing campaigns allow us to track your responses and your interests in our content, offerings and web pages. You may use the tools in your device to disable these technologies as well.

    Google Inc. ("Google") is one example of a service provider that uses cookies or similar technologies to collect information about your browsing activities over time and across different websites following your visit to our Website.  Google Analytics is a web analytics service provided by Google that uses first-party cookies to track Users' interactions and collect other information about how you use our Website. Google Analytics collects information anonymously.  We then use the information to compile reports, including usage trends, to help us improve our Website. You can opt out of Google Analytics without affecting how you visit our site. For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/, or review the Google Analytics Terms of Service at https://www.google.com/analytics/terms/us.html.  For more information about opting out of being tracked by Google Analytics across all websites you use, please visit https://tools.google.com/dlpage/gaoptout/.

  • YOUR CHOICES

  • We offer you certain choices in connection with the information we collect from you.

    Email Communications

    You may have the opportunity to receive certain communications from us related to our Website.  If you provide us with your e-mail address in order to receive communications, you can opt out of marketing e-mails at any time by following the instructions at the bottom of our e-mails and adjusting your e-mail preferences.  Please note that certain e-mails may be necessary for the operation of our Website. You will continue to receive these e-mails, if appropriate, even if you unsubscribe from our optional communications.

    Cookies/ Beacons

    If you wish to minimize information collected by cookie or beacon, you can adjust the settings of your browsers to notify you when you receive a cookie, which lets you choose whether or not to accept it.  You can also set your browser to automatically reject any cookies. You may also be able to install plug-ins and add-ins that serve similar functions. However, please be aware that some features and services on our Website may not work properly.  In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests.

    Network Advertising Initiative

    Certain websites you visit may provide options regarding advertisements you receive.  If you wish to minimize the amount of targeted advertising you receive, you can opt out of certain network advertising programs through the Network Advertising Initiative (NAI) Opt–Out Page.  Please note that even if you choose to remove your information (opt out) you will still see advertisements while you're browsing online. However, the advertisements you see may be less relevant to you.  For more information or to opt out of certain online behavioral advertising, please visit http://www.aboutads.info.

    Additionally, many advertising network programs allow you to view and manage the interest categories that they have compiled from your online browsing activities.  These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt–Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.

    Do Not Track

    Some browsers support a “Do Not Track” (or, DNT) feature, a privacy preference that Users can set in certain web browsers, which is intended to be a signal to websites and services that you do not wish to be tracked across different websites or online services you visit.  Our Website does not currently recognize or respond to DNT signals, so DNT settings do not change the way the Website operates.

    Please note that we cannot control how third party websites or online services you visit through our Website respond to Do Not Track signals.  Check the privacy policies of those third parties for information on their privacy practices.

    Updating or Deleting Information

    The accuracy of the information we have about you is very important.  Users may update their information at any time by following directions available on the account registration page.  Otherwise, to review, correct or delete your Personally Identifiable Information, please contact us at contact@misfitsmarket.com.  For more information about your choices, or to review or correct your Personally Identifiable Information, please use the Settings menu within the Website and follow the prompts, or contact us as indicated in the “Contact Us” section of this Privacy Policy.

  • SECURING YOUR INFORMATION

  • The security of your information is important to Misfits Market, and we have established administrative, technical, and physical safeguards designed to protect your Personally Identifiable Information against unauthorized alteration, access, loss, theft, use or disclosure.  Unfortunately, no system can guarantee complete security of your information. As a result, Misfits Market cannot ensure or warrant that your information, including your Personally Identifiable Information, is secure from unauthorized third parties. Thus, your use of the Website and communication with us about them is at your own risk.  

    You are responsible for protecting your password(s) and for the security of information that you transmit to us over the internet.

    If you have reason to believe that your interaction with the Website is no longer secure (for example, if you feel that the security of your username or password has been compromised), you must immediately notify us of the problem by contacting us.

  • CHILDREN

  • Our Website is directed to and is intended to be used only by persons who are 18 years of age or older.  We do not knowingly collect information from children under 18. If you are under 18 years of age, you are not permitted to register for an account or otherwise submit any Personally Identifiable Information to us, including your name, address or e-mail address.  If we discover that we have collected any Personally Identifiable Information from a child under the age of 18, we will suspend the associated account and remove that information from our database as soon as possible. By registering for an account or submitting any Personally Identifiable Information to us, you represent and warrant that you are 18 years of age or older.

  • LINKS TO THIRD PARTY WEBSITES

  • Our Website may contain links to third party websites and services, including those of our partner networks.  Please note that these links are provided your convenience and information, and the websites and services may operate independently from us and have their own privacy policies or notices, which we strongly suggest you review.  This Privacy Policy applies to Misfits Market and our Website only. We do not accept any responsibility or liability for the policies or practices of any third parties. If you chose to access any websites or services linked from our Website, please check the applicable policies before you use or submit any personal data to such website or service.

  • INTERPRETATION

  • Your use of our Website may be governed by our Terms of Use located at www.misfitsmarket.com the supplemental terms that govern certain of the features, functionality, tools, content and promotions available on or through the Website (the "Supplemental Terms"), and any and all policies and rules referenced herein or therein, posted on the Website, or otherwise communicated to our Users (the "Website Rules").  In the event that the provisions of any such agreement that are specific to a particular Website differ from or conflict with the provisions of this Privacy Policy, the terms specific to that Website will apply.

  • INTERNATIONAL JURISDICTIONS
  • The Website is hosted in the United States of America and is subject to U.S. state and federal law.  If you are accessing our Website from other jurisdictions, please be advised that you are transferring your personal information to us in the United States, and by using our Website, you consent to that transfer and use of your personal information in accordance with this Privacy Policy.  You also agree to abide by the applicable laws of applicable states and U.S. federal law concerning your use of the Website and your agreements with us. Any persons accessing our Website from any jurisdiction with laws or regulations governing the use of the Internet, including personal data collection, use and disclosure, different from those of the jurisdictions mentioned above may only use the Website in a manner lawful in their jurisdiction.  If your use of the Website would be unlawful in your jurisdiction, you may not use the Website.

  • CHANGES TO OUR PRIVACY POLICY

  • Misfits Market may, in its sole discretion, change this Privacy Policy from time to time.  Any and all changes to this Privacy Policy will be reflected on this page and the effective date will be stated at the top of this Privacy Policy.  Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. Users should regularly check this page for any changes to this Privacy Policy.  Misfits Market will always post new versions of the Privacy Policy on the Website. However, Misfits Market may, as determined in its discretion, decide to notify Users of material changes made to this Privacy Policy via email or otherwise.  Accordingly, it is important that you always maintain and update your contact information.

    Your continued use of the Website or communication with us after the updated Privacy Policy has been posted (or any other indication of your consent) will constitute your acceptance of the updated Privacy Policy.  

    Please note that we may condition your continued access to our Website on your consent to changes to this Privacy Policy.

  • CONTACT US

  • If you have questions or comments relating to this Privacy Policy, or if you would like us to update information we have about you or your preferences, please contact us by email at contact@misfitsmarket.com, or write to us at:

    Misfits Market, Inc.
    3939 Germantown Ave, Philadelphia, PA 19140