Privacy Policy

 

 Privacy Policy

Vail Farmers’ Market cares deeply about your privacy. We believe in transparency, and we’re committed to being upfront about our privacy practices, including how we treat your personal information. 

1. How does Vail Farmers’ Market Obtain Your Personal Information?

We collect or receive your personal information in a few different ways in the course of providing our Services. We obtain the categories of personal information listed below from the following sources: 

        1. Directly from you. For example, from forms you complete during registration.
        2. Indirectly from you based on your activity and interaction with our Services, or from the device or browser you use to access the Services; 
        3. From our vendors and suppliers that help provide Vail Farmers’ services (such as, for example, for payments or customer support). 

Most of the time, you choose what information to provide, but sometimes we require specific information to provide you Services. Vail Farmers’ Market uses the personal information it receives and collects in accordance with the purposes described in this policy.

2. What Personal Information Does Vail Farmers’ Market collect? 

We collect the information you give us. You may choose to set up an account with us or to check out as a guest. In both situations, a valid e-mail address, your name, shop name, billing, and payment information (including billing contact name, address, telephone number, credit card information), a telephone number, and a physical postal address may be necessary for us to provide a particular service.  

This policy does not apply to third-party practices (including other members who sell using the Services or API users) who may also collect or receive data for your use of the Services. Please check each vendors’ privacy statements carefully. 

If you are a vendor on the Vail Farmers’ Market virtual market, the Vail Farmers’ Market may require your full name, social security number, identification ID or tax ID, date of birth, bank account information, photograph, credit card information, or other proof of identification to provide this Service to you, verify your identity, and comply with the law. For both buyers and sellers, Vail Farmers’ Market requires this information from you to provide you with the Services (including, to verify ownership of an account, to mitigate fraud and abuse, to comply with regulatory obligations, or to complete a transaction as a buyer or seller). 

We may store credit card information for both billing and payment purposes. Vail Farmers’ Market may contact individual shop owners confidentially to request more information about their shops or items listed through the Services or may request information from buyers to ensure compliance with our policies and applicable law. Information that you submit on your account will not be displayed publicly and will only be used internally by Vail Farmers’ Market and its service providers unless otherwise specified.

Vail Farmers’ Market automatically receives and records information from your browser or your mobile device when you visit the Site, such as your IP address or unique device identifier, cookies, and data about which pages you visit and how you interact with those pages to allow us to operate and provide the Services. This information is collected automatically and is used to prevent fraud and to keep the Services secure, to analyze and understand how the Services work for members and visitors, and to provide a more personalized experience for members and visitors.

Analytics Information: This software records information such as how often you use the Site, what happens within the Site, aggregated usage, performance data, and errors and debugging information. We do not link the information we store within the analytics software to any personally identifiable information that you submit within the mobile application. 

3. How does Vail Farmers’ Market Use Your Information?

Vail Farmers’ Market collects your personal information to take and handle orders, deliver products and services, process payments, and communicate with you regarding orders, products and services, and promotional offers. We gather analytical data to improve our products and services. Rarely, we may use your information to comply with legal obligations, when necessary, to prevent fraud and protect our vendors and customers.  

We respect your privacy. Vail Farmers’ Market will not disclose your name, e-mail address, or other personal information to third parties without your consent, except as specified in this policy.    

Purchase and delivery of products and services. 

We use your personal information to take and handle orders, deliver products and services, process payments, and communicate with you about orders, products and services, and promotional offers.  

As part of the buying and selling process, Vail Farmers’ Market will facilitate the sharing of information between the two members involved in the transaction, such as the customer’s shipping address and payment status. We may share your information with some of our third-party partners, such as our shipping and payment partners, to enable us to provide the Service to you. Such partners will process your personal information following their privacy policies. In some instances, while they are subject to Vail Farmers’ Market’s privacy and security requirements for vendors, these partners are responsible for the protection of personal information under their control. By making a sale or a purchase on Vail Farmers’ Market.com, you are directing us to share your information in this way. 

For vendors, since this is an essential part of the Services we provide, we need to protect the customer whose information you have received. You have a limited license to use that information only for Vail Farmers’ Market-related communications or for Vail Farmers’ Market-facilitated transactions. Vail Farmers’ Market has not granted permission to you to use the information for unauthorized transactions or sending unsolicited commercial messages in violation of any applicable laws, including any consent requirements under the jurisdiction of the recipient. You should only add a member to your e-mail or physical mailing list or otherwise use or store a member’s personal information following applicable laws, including any consent requirements that apply in that member’s jurisdiction. 

Communicate with you. 

On occasion, the Vail Farmers’ Market will need to contact you. Primarily, these messages are delivered by e-mail for a variety of reasons, including service e-mails, marketing, transactions, and service update purposes. Every account is required to keep a valid e-mail address on file to receive messages, but you can opt-out of receiving marketing communications via e-mail by following the unsubscribe link in any marketing e-mail you receive. Vail Farmers’ Market may contact you by telephone to provide customer support or for transaction-related purposes if you request that we call you. 

You understand and agree that Vail Farmers’ Market can send you non-marketing e-mails such as those related to transactions, your account, security, or product changes. Examples of service-related messages include an e-mail address confirmation/welcome e-mail when you register your account, notification of an order, service availability, modification of key features or functions, relaying Messages with buyers, and correspondence with our support team.

When you register for an account, subscribe to a newsletter, or provide us with your e-mail address or phone number such as for a Guest Checkout purchase, you receive notice of and agree (in some jurisdictions and situations, by an additional unambiguous consent) to receive marketing e-mails and messages from us. You can unsubscribe at any time from marketing e-mails or messages through the unsubscribe link included in marketing e-mails or messages. Please note that some changes to your account settings may take a few days to take effect. 

Provide, troubleshoot, and improve our services.   

We use your personal information to provide functionality, analyze performance, fix errors, and improve the usability and effectiveness of our e-commerce site. Certain information is also necessary to enable us to pursue our legitimate interests in understanding how our Services are used and unlock ways to develop and grow our business. It is also necessary to allow us to pursue our legitimate interests in improving our Services, efficiency, interest in Services for users, and obtaining insights into usage patterns of our Services. We may learn about the types of products that you’re interested in from your browsing and purchasing behavior on the Site and use such information to suggest potential purchases as a result. As a core part of our Services, we have a legitimate interest in customizing your on-site experience to help you search for and discover relevant items and recommended purchases, including using this information to help sellers find the best ways to market and sell their products on VailFarmersMarket.com.

Comply with legal obligations.  

In some instances, we collect and use your personal information to comply with laws. For example, we gather information from sellers regarding place of establishment and bank account information for identity verification and other purposes.

Vail Farmers’ Market may also retain, preserve, or release your personal information to a third party in the following limited circumstances: in response to lawful requests by public authorities, including to meet legitimate national security or law enforcement requirements; to protect, establish, or exercise our legal rights or defend against impending or asserted legal claims, including to collect a debt or a material violation of our policies (including our Intellectual Property Policy); to comply with a subpoena, court order, legal process, or other legal requirements; or when we believe in good faith that such disclosure is reasonably necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to our rights or property, or violations of Vail Farmers’ Markets’ Terms of Use. In these cases, our use of your information may be necessary for our or a third party’s legitimate interest in keeping our Services secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage. Such use may also be necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims. It may also be necessary in the public interest (such as to prevent crime) or to protect vital interests (in rare cases where we may need to share information to prevent loss of life or personal injury).

Fraud Prevention and Credit Risks. 

We use personal information to prevent and detect fraud and abuse to protect the security of our customers, the Vail Farmers’ Market, and others. We may also use scoring methods to assess and manage credit risks.

We use your information for safety and security purposes, which can include sharing your data if necessary to pursue our legitimate interests or those of a third party, ensuring the security of our Services, preventing harm to individuals or property, or enforcing or defending legal rights, or preventing damage our users or vendors. This includes enhancing the protection of our community against spam, harassment, intellectual property infringement, crime, and security risks. 

This policy does not apply to the practices of third parties (such as other members who sell using the Services, certain third-party providers on whom we rely on providing certain services, or API users) that Vail Farmers’ Market does not own or control or individuals that Vail Farmers’ Market does not employ or manage, except as otherwise provided for in the Terms or as required by law. If you provide your information to such third parties in connection with your use of the Services, different practices may apply to the use or disclosure of the information that you provide to them. While Vail Farmers’ Market requires these third parties to follow Vail Farmers’ Market privacy and security requirements, Vail Farmers’ Market does not control the privacy or security policies of such third parties. To the full extent applicable in your jurisdiction, Vail Farmers’ Market is not responsible for the privacy or security practices of these sellers, API users, or other websites on the internet, even those linked to or from the Services. We encourage you to read the privacy policies and ask questions of third parties before you disclose your personal information to them. 

4. Does Vail Farmers’ Market Share Your Personal Information?

We are not in the business of selling our customers’ personal information to others. We share customers’ personal information only as described below. Vail Farmers’ Market does not provide or sell personal information to third parties for monetary value.

Transactions involving Third Parties

We make available to you services, products, applications, or skills provided by third-party vendors for use on or through Vail Farmers’ Market.com. For example, when you order products from third parties through our stores, you can tell when a third party is involved in your transactions and share customers’ personal information related to those transactions with that third party.

Protection of Vail Farmers’ Market and others

We may release accounts and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of Vail Farmers’ Market users or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

Affiliated Businesses

Vail Farmers’ Market is affiliated with a variety of small businesses and works closely with them for various purposes. Companies may sell items or services to you through the Services or, with your consent, offer promotions (including e-mail promotions) to you. Vail Farmers’ Market also provides services or sells products jointly with affiliated businesses, including providing you with the opportunity to sign up with such partners and allow them to market to you more effectively. When an affiliated business assists in facilitating your transaction, we may need to share information related to the purchase with that affiliated business to facilitate your transaction, and this forms part of the Services we provide following our Terms of Use. We rely on consent (which can be withdrawn at any time) to send marketing messages and for third-party sharing relating to advertising. As part of this, we may use analytics aggregated from usage information, including search keywords, favorites, browsing history, and purchase history.

5. What Information Can I Access?

You can access your information, including your name, address, payment options, profile information, Prime membership, household settings, and purchase history in the “Your Account” section of the website. Click here for a list of examples that you can access.

6. What Choices Do I Have?

Specific privacy laws, including the European General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), provide users with rights related to their personal information. Consistent with those laws, Vail Farmers’ Market gives you a choice to access, edit, or remove certain information, as well as how we contact you. 

If you would like to manage, change, limit, or delete your personal information, you can do so via your Vail Farmers’ Market account settings. Alternatively, you can exercise any of the rights above by contacting us. Once you contact us to exercise any of your rights, we will confirm receipt of your request.

Limiting the use of, or deleting, your personal information may impact features and services that rely on that information. However, we will not discriminate against you for exercising any of your rights, including otherwise denying you goods or services, providing you with a different level or quality of services, or charging you different prices or rates for services. If you need further assistance, you can contact Vail Farmers’ Market. We will respond to your request within a reasonable timeframe.

Please note that we may verify your identity before we can process any of the requests described in this Section, and in our discretion, deny your request if we are unable to verify your identity. As a part of this process, government or other identification may be required. You may designate an authorized agent to make a request on your behalf. In order to appoint an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government-issued identification, and we may verify the authenticity of the request directly with you.

Right to Access & Portability 

You can access certain personal information associated with your account by visiting your account settings. You can request a copy of your personal information and information explaining how that information is used. 

Right to Correction

You have the right to request that we rectify inaccurate information about you. By visiting your account settings, you can correct and change certain personal information associated with your account.

Right to Restrict Processing

In some instances where we process your information, you may also have the right to restrict how we use your personal information.

Right to Deletion

In certain circumstances, you have the right to request the deletion of your personal information, except information we are required to retain by law, regulation, or to protect the safety, security, and integrity of Vail Farmers’ Market.

Right to Object

If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your data for direct marketing purposes, you can object using the unsubscribe link in such communications or changing your account e-mail settings.

Right to Withdraw Consent

Where we rely on consent, you can choose to withdraw your consent to our processing of your information using specific features provided to enable you to withdraw consent, like an e-mail unsubscribe link or your account privacy preferences. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you can revoke your consent to share that information through the settings on your mobile device. This is without prejudice to your right to permanently close your account and delete your personal information. 

Right to Know

California residents may request disclosure of the specific pieces or categories of personal information that the business has collected about them, the types of sources for that personal information, the business or commercial purposes for collecting the information, the categories of personal information that we have disclosed, and the categories of third parties with which the information was shared. 

Right to Opt-Out

To the extent that Vail Farmers’ Market “sells” personal information (as that term is defined under the CCPA), California residents are entitled to opt-out of the “sale” of data at any time (see below for more information). 

E-mail & Messages

Vail Farmers’ Market may send you messages about the Services or your activity. Some of these messages are required, including service-related messages for members (such as transactional or legal notices). Other messages are not required, such as newsletters. If you no longer wish to receive newsletters, you can unsubscribe. If you no longer want to use the Services or receive service-related messages (except for legally required notices), you may close your account.

Cookies

We use both technically necessary (for the functioning and security of the Services) and non-technically necessary cookies and similar technologies. 

You can add or update certain information on your account.

If you want to browse our websites without linking the browsing history to your account, you may do so by logging out of your account and blocking cookies on your browser.

If you are a seller, you can add or update certain information in Seller Central, update your account information by accessing your Seller Account Information, and adjust your e-mail or other communications you receive from us by contacting us.

To the extent required by applicable law, you may have the right to request access to or delete your data. If you wish to do any of these things, please contact Vail Farmers’ Market at vailfarmersmarket@gmail.com. Depending on your data choices, certain services may be limited or unavailable.

7. What if I’m Under 18?

Vail Farmers’ Market does not sell products for purchase by children. We sell children’s products for purchase by adults. Minors under 18 years of age are permitted to use Vail Farmers’ Market Services only if they have permission and direct supervision by the owner of the account. Vail Farmers’ Market requires all account owners to be at least 18 years of age. You are responsible for all account activity conducted by a minor on your account. We do not knowingly “sell,” as that term is defined under applicable law and the California Consumer Privacy Act, minors’ information. 

8. How Secure is Information About Me?

The security of your personal information is important to us. We work to protect the security of your personal information during transmission by using encryption protocols and software. We follow the Payment Card Industry Data Security Standard (PCI DSS) when handling credit card data. Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security. 

A password protects your account information. It is crucial that you guard against unauthorized access to your account and information by choosing your password carefully, and by keeping your password and computer secure. Be sure to sign off when finished, especially when using a shared computer. Vail Farmers’ Market offers advanced security features and settings for members, such as two-factor authentication for signing in, and sign in history and notifications; you can view more information in your account settings.

If you have any questions about the security of your personal information, you can contact us at vailfarmersmarket@gmail.com. 

9. How long does Vail Farmers’ Market Retain My Information?

Vail Farmers’ Market.com will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your Vail Farmers’ Market account), or as needed to provide services to you. If you no longer want Vail Farmers’ Market to use your information to provide services to you, you may close your account. Vail Farmers’ Market will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. Vail Farmers’ Market sellers may also be required to retain and use your information to comply with their own legal obligations. 

10. Vendor Responsibilities

If you sell items on the Vail Farmers’ Market e-commerce site, you may receive and determine what to do with certain personal information. Your privacy responsibilities, including when you act as an independent data controller (someone who decides what personal data to collect and the purpose you use the data for), are laid out in our “Seller Policies.”  

11. Privacy Policy Changes

We may amend or update this policy from time to time. Please check our website frequently to see any recent changes. We will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (i) posting the changes on or through the Services or (ii) sending you an e-mail or message about the changes. We encourage you to check back regularly and review any updates.