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1068 High Mountain Road
North Haledon, NJ 07508

Privacy Policy

Nicholas Markets, Inc. ("Company") respects and is committed to protecting your privacy.  That is why we have adopted this Privacy Policy.  This Privacy Policy provides an overview of what information we may collect from you and your children, and how we may use it.  We pledge that we will take reasonable steps to ensure that your personal information will only be used in ways that are in compliance with this Privacy Policy.

We recognize the need to provide additional privacy protection for children on our website.  Our privacy practices are guided by the United States' Children's Online Privacy Protection Act of 1998, as well as data privacy laws in the United States.  Younger visitors should always check with their parents or guardians before entering information on any website or mobile application and we encourage families to discuss their household guidelines regarding the online sharing of personal information. 

This Privacy Policy is only in effect for any collective non‑user-specific information and personal information collected on or through websites of Nicholas Markets and its affiliates, including, but not limited to, the Nicholas Markets website, the Sonny's Frozen Desserts website, and the Nicholas Markets Lunches website, as well as any online features, services and/or programs offered by Company (collectively, the "Website"). 

THIS PRIVACY POLICY HAS SEVERAL SPECIFIC SECTIONS DISCUSSING THE WEBSITE'S INFORMATION PRACTICES WITH REGARD TO CHILDREN.  See "Information Collected From Children" and "Accessing and Correcting Information Concerning Children". 

Information Collected

Company may collect three types of information when you use the Website:  contact information, usage information, and credit card information.

1. Contact Information

In order to be able to order lunches through the Website and participate in certain other features, services and/or programs of the Website, we may require that you provide us with certain specific information, such as your full name, mailing address, telephone number, e-mail address, gender, personal interests and/or other information specific to you, as well as the full names and ages of any of your children who will be purchasing school lunches through the Website. You can choose whether or not to provide us with this information, but if you choose not to provide any required information, you and/or your children may not be able to purchase any goods or services through the Website, your experience with the Website may be diminished, and some features of the Website may not be available or may not work as intended. 

 

2. Usage Information

Company may obtain non-individualized, generic information about you when you use the Website.  This may include your IP address, Unique Device Identifier ("UDI") and arrival time.  The UDI reveals nothing personal about the user other than the UDI from which the user has accessed the Website.  We may use this information to examine our traffic in the aggregate, but do not collect and evaluate this information for individuals.

Company may use "cookies" to keep track of your use of the Website.  A cookie is a small piece of data that your browser stores on your computer's hard drive and uses to collect information, such as identifying those features of the Website that you have used in the past in order to enhance your next use of the Website.

The Website may also contain electronic images known as Web Beacons (sometimes referred to as "clear gifs").  Web Beacons collect only limited information that includes a cookie number, time and date of a page view, and a description of the page on which the Web Beacon resides.  These Web Beacons do not carry any personally identifiable information and are only used to track usage of the Website and activities associated with the Website.

3. Credit Card Information

If you want to make any purchase, including, but not limited to, the purchase of school lunches, through the Website, we will require that you provide us with credit card information and related information.  If you choose not to provide the required credit card information, you will not be able to purchase any goods or services, including, but not limited to, school lunches, through the Website.

 

Use of Information

Information collected by Company is used for four main purposes.  First, we collect information to improve the Website by determining which of our areas, features and forums are most popular.  Second, we collect information to personalize the experience of the users of the Website.  For example, users of the Website are required to create a User Account, UserID and password in order to access certain features of the Website.  Third, we may collect information to enable our users to participate in features, services, programs and/or other activities from time to time.  Finally, we collect information (such as credit card information) to enable our users to make purchases, including, but not limited to, the purchase of school lunches, through the Website. 

 

When Information Is Disclosed

In addition to the other times or occasions on which we might disclose information about users of the Website, we might also disclose information when required by law or in the good-faith belief that such disclosure is necessary to:  (a) comply with a legal process; (b) enforce this Privacy Policy; (c) respond to claims that any materials, documents, images, graphics, logos, designs, audio, video and any other information provided from or on the Website violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Company, its clients or users or the public.

We use reasonable precautions to keep the information that is disclosed to us secure.  We may provide your information to our subsidiaries, affiliated companies, clients, and other businesses or persons for the purposes of processing such information on our behalf and promoting the goods and services of our trusted business partners, some or all of which may store some or all of your information on servers outside of the United States.  We require that these parties agree to process such information in compliance with our Privacy Policy or in a similar, industry-standard manner, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.  The use of your information by one of our trusted business partners may be subject to that party’s own Privacy Policy. 

We may share non-personally identifiable information (such as anonymous user usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with third parties to demonstrate the usage patterns for content, functionality, promotions, and/or services on the Website and/or on third party websites.

We also reserve the right to disclose your information in connection with the enforcement of our Terms of Service, to take precautions against liability, to investigate and defend against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Website, and to protect our rights, property, or personal safety and that of our users or others.

We reserve the right to transfer your information in connection with the sale or other disposition of all or part of our business and/or assets.  We also cannot make any representations regarding the use or transfer of your information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors, and you expressly agree and consent to the use and/or transfer of your information in connection with a sale or transfer of some or all of our assets in any of the above described situations.  Furthermore, we cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the information that is disclosed to us. 

The Website may also link to other websites and contain advertisements of third parties.  We are not and cannot be responsible for the privacy policies of those websites of third parties or for how they treat information (including, but not limited to personally identifiable information) about their users.

 

Value Added Benefits

We may request that you provide us with the personal information identified in the "Information Collected" Section of this Privacy Policy for the purposes identified in the "Use of Information" Section.  Whenever we request personal information from a user of the Website, we will make an effort to indicate the purpose of the inquiry at the time the information is requested.  In order to provide users of the Website with many of the added values and special offers of reputable organizations and retailers, we may provide some or all of your personal information to reputable third-party companies.  Additionally, we may from time to time send e-mail to you announcing new features, services and/or programs offered through the Website.  You may also receive mailings, telephone calls and/or facsimiles from other reputable, third-party companies.  Users have the option of not participating in these value-added benefits by following the procedure for withholding your personal information that is set forth at the end of this Privacy Policy. 

Whenever we collect personal information about you, we will make an effort to include a link to this Privacy Policy on that page. 

 

Member Account, Password and Security 

For certain features available through the Website, we may require the use of encryption technologies provided for your protection and/or your use of a UserID and password after setting up a User Account.  We use reasonable precautions to protect the privacy of your UserID, password, User Account information and credit card information by utilizing an SSL connection.  Accordingly, your UserID, password, User Account information and credit card information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Website.  You, however, are ultimately responsible for protecting your UserID, password, User Account information and credit card information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies.  You agree to:  (a) immediately notify Company of any unauthorized use of your UserID, password and/or User Account, and/or any other breach of security, and (b) ensure that you log out of your User Account at the end of each session.  While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the internet is secure, or that such transmissions are free from delay, interruption, interception or error. 

The Website is designed to protect the privacy of your credit card information, name, address, e-mail and any other information you provide us.  Company is committed to data security with respect to information collected on our site.  It is our practice to contact users if a problem should arise with your purchase or if we need to send you a normal business communication regarding your purchase.

 

Information Collected From Children

The only children who are permitted to use the Website are those who have been registered by their parents or guardian.  If a child has not been registered through the Website by their parent or guardian, they may not use the Website. 

The only personally identifiable information we collect from children is their name, UserID and login information.  We will not share personally identifiable information that we collect from children with third parties, except for information that we share with our clients regarding a child's lunch order, and except as provided in the "When Information Is Disclosed" Section of this Privacy Policy.  We will maintain the confidentiality, security, and integrity of information we collect from children, including by taking reasonable steps to release such information only to parties capable of maintaining its confidentiality and security. 

If a parent or guardian desires to delete their child's personal information or prevent further use or online collection of their child's personal information, they should close their account.  If that happens, then their children will no longer be able to order lunches through the Website. 

Parents should be aware that our Privacy Policy will govern our use of personal data, but also that information that is voluntarily given by children – or others – in other websites, mobile apps, e-mail exchanges or the like may be used by other parties to generate unsolicited communications.  Company encourages all parents to instruct their children in the safe and responsible use of their personal data while using the internet.

 

Accessing and Correcting Information

You have the right to access, update and correct factual inaccuracies in personally identifiable information that we collect through the Website, subject to certain exceptions.  To do so, you should log into your account or you may e-mail us at info@nicholasmarkets.com.  To help protect your privacy and the security of your personally identifiable information, we will take reasonable steps to verify your identity before granting access. 

Parents and guardians of children under the age of 13 can print out and mail or fax us a signed form that allows them to review any personally identifiable information collected about their child, have this information deleted, and/or request that there be no further collection or use of their child's personally identifiable information.  To obtain the required form, you can contact us by mail at Nicholas Markets, Inc., 195 Browertown Road, Building #2, West Paterson, NJ 07424, Attn: Privacy, or you can e-mail us at Schoollunch@nicholasmarkets.com, re: Privacy. We will take steps to verify the identity of anyone requesting personally identifiable information about a child and to ensure that the person is in fact the child's parent or legal guardian.

 

European Union Users

Because the Website can be accessed around the world, the information that we collect may be made available to our affiliates, subsidiaries and clients worldwide.  For those users visiting us from the European Union, please note that Company may transfer your personally identifiable data outside the European Union for use for any of the purposes described above.  By using the Website and providing Company with your personal data, you consent to such transfer of your personal data.

Privacy Outside the Website

The Website may contain links to various websites.  Company is not and cannot be responsible for the privacy practices or the content of any of those websites.  Other than under agreements with certain reputable organizations and companies, and except for third party service providers whose services you voluntarily elect to utilize, we do not share any of the personal information that you provide to us with any of the websites to which the Website links, although we may share aggregate, non-personally identifiable data with those other websites.  Please check with those websites in order to determine their privacy policies and your rights under them. 

 

Terms of Service

Your use of the Website will also be governed by the Nicholas Markets Terms of Service.

 

Governing Law 

This Privacy Policy will be governed by the laws of the State of New Jersey, without giving effect to any principles of conflicts of laws.  By using or accessing the Website, you agree that any action at law or in equity arising out of or relating to your use of the Website or this Privacy Policy will be filed only in the state or federal courts sitting in Newark, New Jersey, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

Your Consent To This Privacy Policy

 

By using the Website, you consent to the collection and use of information by us as specified above or as we otherwise see fit unless you inform us otherwise by means of the procedure identified below.  If we decide to change this Privacy Policy, we will make an effort to post those changes on this page so that you will always be able to understand what information we collect, how we use that information and under what circumstances we may disclose that information to others.  We may use comments, information or feedback that you may submit in any manner that we may choose without notice or compensation to you.

If you have additional questions or comments of any kind, if you see anything on the Website that you think is inappropriate or if you would like to have any or all of your personal information withheld from third party organizations and companies and/or from third party service providers, please let us know by e-mailing us at info@nicholasmarkets.com or by sending your comments or requests to:

Nicholas Markets, Inc.

195 Browertown Road

Building #2

West Paterson, NJ 07424

 

Attn: Customer Care – Website Issues

(973) 595-5080

info@nicholasmarkets.com

Copyright © 2015 Nicholas Markets, Inc.  All Rights Reserved.

EFFECTIVE AS OF:  September 2, 2015

LAST UPDATED:  September 2, 2015