Purpose of Policy.
There are special privacy procedures and policies that apply when you use, access, or visit any of Martin’s websites; shop at Martin’s stores; use Martin’s products or services; or enroll or participate in promotional programs that are available or enabled through Martin’s websites or stores. This Policy describes those privacy procedures and policies in further detail.
Applicability of Policy.
This Policy applies to (a) any and all Martin’s websites, including, but not limited to, those that are available at martins-supermarkets.com, martinsgroceriestogo.com, and partiesbymartins.com; (b) Martin’s mobile application; and (c) any and all other websites, applications, platforms, services, and programs that make reference to, or contain a link to, this Policy (collectively, the “Sites”). This Policy also applies to any and all services and promotional programs that are made available, offered, or enabled through the Sites or Martin’s stores, including, but not limited to, the Advantage Card Program and Text Club. In addition, this Policy applies to any personally identifiable information that we may collect or receive from or about you, including, but not limited to, information such as your name, mailing address, telephone number, email address, credit card or other payment information, and other information about you or your transactions, interests, and preferences (“Personal Information”).
Unless otherwise stated, however, this Policy does not apply to any websites, applications, platforms, services, or programs that are owned or operated by Martin’s business partners or other third parties, including, without limitation, through the following websites, applications, platforms, services, or programs: (a) SavingStar; (b) ibotta; (c) Facebook; (d) Twitter; (e) Instagram; and (f) Pinterest. These websites, applications, platforms, services, and programs are not owned or operated by us, are not under our control, and have their own privacy policies and terms and conditions.
Also, if you use the in-store WiFi that is made available or enabled through Martin’s stores, your use of such WiFi will be subject to the privacy policies and other terms and conditions of the WiFi service provider, which generally will be available on the WiFi service provider’s website.
In addition, please note that your use of the Sites will also be subject to Martin’s Terms and Conditions, which are available here: https://martins-supermarkets.com/terms-of-use.
The Information We Collect.
When you use or access the Sites, use Martin’s products or services that are available or enabled through the Sites or Martin’s stores, or enroll or participate in our promotional programs, including, but not limited to our Advantage Card Program and Text Club, we may collect or receive Personal Information from or about you.
More particularly, when you use or access the Sites, we may collect or receive information, including, but not limited to Personal Information, from or about you, such as your domain name; internet protocol address; operating system; browser type; advertising identifier; the address of any websites from which you linked to the Sites; the address of any webpages you may visit on the Sites; and information about the products, services, or content that you view on the Sites. This information may be collected through cookies, web beacons, or other similar means, and we use this information to improve the functionality of the Sites, simplify your use of the Sites, detect and prevent misuse or abuse of the Sites, and enhance your experience while using or visiting the Sites.
We also collect Personal Information when you (a) communicate with, or submit information to, us through email, postings, surveys, sweepstakes entries, or other means; and (b) when you enroll or participate in our promotional programs, including, without limitation, our Advantage Card Program and Text Club. And, when you shop in our stores, we collect Personal Information—including, without limitation, through our Advantage Card Program—relating to your in-store transactions and purchases, which we may use to process transactions and to provide targeted marketing, advertising, and promotional programs that may be of interest to you. In addition, we use cameras in and around our stores for security and operational purposes, and those cameras may collect and record information relating to our customers and visitors.
Also, when you order goods or services through the Sites or any Martin’s stores, we may collect Personal Information, including, without limitation, your name, mailing address, telephone numbers, shipping or delivery addresses, and credit card or other payment information (including credit card numbers, expiration dates, and security codes), as necessary to process the orders, purchases, transactions, shipments, and deliveries.
In addition to Personal Information, we also collect or receive “aggregate information,” which is information about a group or category of persons or services, such as demographic or statistical information, or “de-identified information,” from which Personal Information has been removed. Since aggregate information does not contain any personally identifiable information, it is not considered “Personal Information” for purposes of this Policy.
How We May Use The Information We Collect.
We may use the information we collect, including your Personal Information, to (a) communicate with you regarding your orders, transactions, accounts, comments, questions, or concerns; (b) offer, advertise, or provide products and services that may be of interest to you; (c) create merchandising and promotional programs; (d) analyze trends; (e) administer and improve the Sites; (f) track user’s navigation and activities on the Sites; and (g) gather broad demographic information for aggregate use. We also use this information, along with a record of your purchases, to offer savings and other promotions that are relevant to your purchase preferences. In addition, we may use this information to give you personally tailored coupons, offers, or other information that may be provided to us from other companies. These offers may be delivered to you in-store, at home, or online.
We may also share certain Personal Information with our trusted business partners and their agents for the limited purpose of providing services or information to our customers and us. In addition, we may share this information with third parties in order to operate the Sites or conduct Martin’s business, as well as to (a) respond to customer requests, questions, comments, concerns, or claims; (b) process and fulfill transactions, orders, payments, shipments, and deliveries; and (c) provide customers with advertising, marketing, or promotional information and materials.
Martin’s may also disclose your Personal Information when required by law or legal process (including pursuant to court orders, subpoenas, interrogatories, requests for production, or similar directives carrying the force of the law). In addition, we may disclose your Personal Information if we believe that such disclosure is necessary or appropriate (a) to comply with applicable law; (b) to protect the rights, property or safety of, or to prevent harm or loss to, Martin’s, other Site users, our business partners, our customers, or any other persons or businesses; or (c) in connection with an investigation of suspected or actual unlawful, fraudulent, or improper activity. Also, Martin’s operates cameras in and around its stores, and Personal Information collected from such security cameras may be provided to law enforcement authorities to assist in their investigations of crimes, missing person reports, or other law enforcement matters.
We may also provide aggregate information or other data about general groups of shoppers, shopping trends, or sales data to other companies to help them understand the demographics of our customers.
To tailor ads to you based on your interests and shopping or browsing history (often called interest-based advertising), we and the companies we have contracted with may use information about your visits to our and other websites, applications and stores. By using the Sites or your Martin’s Advantage Card, you consent to such practices. You can learn more about interest-based advertising and opt out of such advertising from certain companies at www.aboutads.info/choices/ (for websites) or www.aboutads.info/appchoices (for mobile applications).
Consent and Agreement to Policy.
By using the Sites, enrolling or participating in any of Martin’s promotional programs, or otherwise providing any Personal Information to Martin’s, you are agreeing to the terms, policies, and practices set forth in this Policy and to the collection and use of your Personal Information as described in this Policy.
If you do not agree with this Policy or the collection and use of your Personal Information as described in this Policy, you may choose not to (a) use the Sites, (b) enroll or participate in Martin’s promotional programs; or (c) submit Personal Information to us.
Also, if you have any objections to this Policy or to the collection and use of your Personal Information as described in this Policy, you should immediately discontinue (a) using the Sites, (b) participating in Martin’s promotional programs, and (c) submitting Personal Information to us.
How to Change or Delete Your Information.
If you have submitted any Personal Information to us and you would like to update, change, or delete that information, you may request that your Personal Information be updated, changed, or deleted by submitting a change form to Martin’s. Change forms are available at the store office of any Martin’s store and, to be effective, must be completed and submitted (a) by mail to: Martin’s Super Markets, Attn: Customer Care, P.O. Box 2709, South Bend, IN 46680-2709; or (b) by email to: firstname.lastname@example.org. In addition, you may update or change your personal information online at martins-supermarkets.com. Your information will be updated, changed, or deleted in a commercially reasonable time following your submission of a properly completed change form.
Retention of Application and Change Forms.
Application and change forms for Martin’s promotional programs, including, but not limited to, its Advantage Card Program, are not retained after they are processed into our system. All Application and change forms received are disposed of in accordance with current Martin’s policies regarding the disposal of confidential records.
Our Commitment to Data Security.
To safeguard Personal Information that we collect, we have instituted strict physical, electronic, and managerial policies and procedures to prevent unauthorized access, to maintain data accuracy, and to ensure the appropriate use of all data. However, no method of transmission over the Internet, or method of electronic storage, is completely secure. Therefore, while we strive to protect your Personal Information, we cannot guarantee its security. Accordingly, if you provide any Personal Information to us, you are doing so at your own risk and not as a bailment.
Submissions, Comments, and Feedback.
Martin’s welcomes and encourages your comments, critiques, and suggestions.
You also agree that any User Content will (a) be true and accurate; (b) not violate this Policy, any laws, any contracts or agreements, or the rights of any person, business, or entity, including, without limitation, any copyright, trademark, intellectual property, privacy, or publicity rights; (c) not cause any injury or damage to any person, business, or entity; (d) not contain, or provide links to, any viruses, malware, “spam,” spyware, or malicious software; and (e) not contain, or provide links to, any content that is unlawful, defamatory, abusive, threatening, harassing, derogatory, obscene, profane, explicit, indecent, harmful, lewd, violent, or malicious.
You are solely responsible and liable for the content of any User Content that you submit to Martin’s, and Martin’s assumes no responsibility or liability for, and expressly disclaims any responsibility and liability for, any User Content submitted by you. We reserve the right, but have no obligation, to (a) monitor User Content; and (b) alter, remove, delete, and restrict or prevent the posting of any User Content.
By making any submission to Martin’s, you (a) grant to us a non-exclusive, perpetual, irrevocable, sub-licensable, fully paid-up, royalty-free, and transferable right and license to use, disseminate, display, post, transmit, share, copy, reproduce, modify, delete, alter, adapt, publish, translate, create derivative works from, manufacture, sell, market, and distribute any User Content, and to incorporate the User Content into any medium, technology, or form, in any location and throughout the world, all without any obligation or compensation to you; (b) grant to us the right, without any obligation, to use any name, title, description, or information that you submit with the User Content, all without any obligation or compensation to you; (c) agree that Martin’s shall be free to use and disclose any User Content for any purpose whatsoever, including, without limitation, for the purposes or developing, manufacturing, and marketing products and/or services that incorporate or are derivative of such User Content, all without any obligation or compensation to you; (d) acknowledge, represent, covenant, warrant, and agree that you own all rights, title, and interests necessary to grant the rights, licenses, and interests set out above; and (e) irrevocably waive any and all rights—including, without limitation, moral rights with respect to attribution of authorship or integrity of materials—regarding any User Content that you submit to us, regardless of the legal theory, doctrine, or law that may give rise to such rights, all without any obligation or compensation to you. Accordingly, you should not submit any User Content that you do not wish to, or lack authority to, license to Martin’s.
MARTIN’S RESERVES THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS, OR INACCURACIES ON THE SITES OR IN ITS PROMOTIONAL PROGRAMS AT ANY TIME AND WITHOUT PRIOR NOTICE; HOWEVER, MARTIN’S DOES NOT WARRANT THE CORRECTNESS, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT ON THE SITES OR IN ITS PROMOTIONAL PROGRAMS, NOR DOES MARTIN’S WARRANT THAT ANY SUCH ERROR, OMMISSION, OR INACCURACY WILL BE CORRECTED. MARTIN’S ALSO DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT ERROR, OR THAT DEFECTS IN THE SITES WILL BE CORRECTED.
THE SITES ARE MADE AVAILABLE AND PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MARTIN’S DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY AND ALL WARRANTIES THAT MAY BE CLAIMED TO ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. MARTIN’S ALSO MAKES NO REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO ANY INFORMATION, CONTENT, SERVICES, PROMOTIONS, OR PROGRAMS MADE AVAILABLE OR ENABLED BY OR THROUGH THE SITES OR ITS PROMOTIONAL PROGRAMS.
Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL MARTIN’S OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY CLAIMS, CAUSES OF ACTION, DEMANDS, DAMAGES, LOSSES, COSTS, EXPENSES, OR ATTORNEYS’ FEES WHATSOEVER—INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION LOSS OF DATA, BUSINESS, INCOME, OR PROFITS—ARISING OUT OF OR RESULTING FROM (a) YOUR USE OF, OR INABILITY TO USE, THE SITES OR THE CONTENT ON THE SITES; (b) YOUR ENROLLMENT OR PARTICIPATION IN ANY OF MARTIN’S PROMOTIONAL PROGRAMS, INCLUDING, BUT NOT LIMITED TO, THE ADVANTAGE CARD PROGRAM; (c) THE COLLECTION OR USE OF YOUR PERSONAL INFORMATION AS DESCRIBED IN THIS POLICY; (d) ANY ERROR, OMISSION, OR OTHER INACCURACY IN THE INFORMATION OR CONTENT ON THE SITES OR IN ANY PROMOTIONAL PROGRAMS; (e) YOUR RELIANCE UPON ANY INFORMATION OR CONTENT ON THE SITES OR IN ANY PROMOTIONAL PROGRAMS; (f) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS ON WHICH THE SITES ARE HOSTED OR ANY OF YOUR PERSONAL INFORMATION IS STORED; (g) ANY MALICIOUS ACTIVITY, VIRUSES, BUGS, TROJAN HORSES, WORMS, DEFECTS, DATE BOMBS, TIME BOMBS, OR OTHER ITEMS OF A HARMFUL NATURE THAT MAY BE UPLOADED, DOWNLOADED, SHARED, OR OTHERWISE TRANSMITTED OR DISSEMINATED TO OR THROUGH THE SITES BY A THIRD PARTY; OR (h) ANY THIRD-PARTY CONTENT, WEBSITES, OR MATERIALS THAT ARE VISIBLE, ACCESSIBLE, LINKED, OR HYPERLINKED THROUGH THE SITES.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL CLAIMS, WHETHER SUCH CLAIMS ARE ALLEGED TO HAVE ARISEN FROM STATUTE, TORT, CONTRACT, COMMON LAW, OR OTHERWISE, AND IS FULLY APPLICABLE EVEN IF AN AUTHORIZED REPRESENTATIVE OF MARTIN’S HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH, OR HAVE ANY COMPLAINTS OR OBJECTIONS WITH RESPECT TO, THE SITES OR ANY OF MARTIN’S PROMOTIONAL PROGRAMS, INCLUDING, BUT NOT LIMITED TO, THE ADVANTAGE CARD PROGRAM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES OR THE PROMOTIONAL PROGRAMS AND REQUEST THAT YOUR PERSONAL INFORMATION BE DELETED. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES AND PROMOTIONAL PROGRAMS, INCLUDING, BUT NOT LIMITED TO, THE ADVANTAGE CARD PROGRAM, IS AT YOUR SOLE RISK.
YOU ARE HEREBY FURTHER ADVISED THAT MARTIN’S DOES NOT MAKE ANY WARRANTIES, ENDORSEMENTS, REPRESENTATIONS, OR GUARANTEES, AND DOES NOT ASSUME ANY RESPONSIBILITY, WITH RESPECT TO ANY LINKED OR HYPERLINKED WEBSITES, CONTENT, INFORMATION, OR MATERIALS.
YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL COMPUTERS, HARDWARE, SOFTWARE, INTERNET CONNECTIONS, VIRUS AND MALWARE PROTECTION, AND OTHER EQUIPMENT AND UTILITIES NECESSARY TO ACCESS AND USE THE SITES AND TO PROTECT YOURSELF AND YOUR PROPERTY FROM ANY MALICIOUS ACTIVITY, VIRUSES, BUGS, TROJAN HORSES, WORMS, DEFECTS, DATE BOMBS, TIME BOMBS, OR OTHER ITEMS OF A HARMFUL NATURE THAT MAY BE UPLOADED, DOWNLOADED, SHARED, OR OTHERWISE TRANSMITTED OR DISSEMINATED TO OR THROUGH THE SITES BY A THIRD PARTY, AS WELL AS FOR ANY AND ALL COSTS AND EXPENSES RELATING THERETO.
SOME JURISDICTIONS OR LAWS MAY NOT ALLOW THE LIMITATION OF LIABILITY SET OUT IN THIS POLICY; ACCORDINGLY, SOME OR ALL OF THE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET OUT IN THIS POLICY IS DETERMINED TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, YOU AGREE THAT THE AGGREGATE LIABILITY OF MARTIN’S UNDER ALL OF THE CIRCUMSTANCES DESCRIBED ABOVE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You agree to indemnify, defend, and hold harmless Martin’s and its officers, directors, employees, agents, contractors, vendors, suppliers, business partners, licensors, and any third-party information providers from and against all claims, causes of action, demands, damages (including, without limitation, direct, indirect, incidental, consequential, special, statutory, punitive, exemplary, and other damages of any kind or nature), losses, costs, expenses, and attorneys’ fees, actually or allegedly arising out of or resulting from (a) your access to or use of the Sites or any Content on the Sites; (b) your use of or participation in any of Martin’s promotional programs, including, but not limited to, the Advantage Card Program; or (c) any violation by you of applicable law, this Policy, or any other terms, conditions, or policies of Martin’s.
Waiver of Rights.
WITH RESPECT TO ANY CLAIMS OR CAUSES OF ACTION THAT RELATE IN ANY RESPECT TO THE SITES, THIS POLICY, MARTIN’S COLLECTION OR USE OF PERSONAL INFORMATION, OR ANY OF MARTIN’S PROMOTIONAL PROGRAMS, YOU KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY (a) CLAIMS OR CAUSES OF ACTION FOR PUNITIVE OR EXEMPLARY DAMAGES; (b) RIGHT TO PURSUE CLAIMS AS A CLASS, ON A CONSOLIDATED BASIS, OR IN A REPRESENTATIVE CAPACITY; AND (c) RIGHT TO HAVE SUCH CLAIMS OR CAUSES OF ACTION TRIED TO A JURY.
Governing Law, Jurisdiction, and Exclusive Venue.
Regardless of the location from which you access the Sites, you acknowledge and agree that (a) this Policy and your use of the Sites shall be governed by the laws of the State of Indiana, without reference to its choice or conflicts of law principles; and (b) the state courts located in the County of St. Joseph, State of Indiana, and the United States District Court for the Northern District of Indiana shall have exclusive jurisdiction over, and be the exclusive venue for, any litigation or disputes arising from or relating to (i) this Policy, (ii) the Sites, (iii) your access to or use of the Sites, (iv) Martin’s collection or use of Personal Information, or (v) any of Martin’s promotional programs. You hereby expressly submit to the exclusive jurisdiction and venue of such courts and waive any objections to such courts, whether on the basis of forum non conveniens or otherwise.
Parents or legal guardians should always supervise their children while they are online or accessing the internet. To protect the privacy interests of children, we do not collect information from children under thirteen (13) years of age. Accordingly, the Sites are not designed or intended to be accessed by, or to collect personal information from, children under thirteen (13) years of age, and Martin’s will not knowingly or intentionally collect information from children under thirteen (13) years of age. Also, consistent with the Children’s Online Privacy Protection Act, we specifically request and direct that children under thirteen (13) years of age are not permitted to use the Sites and shall not provide any personal information through the Sites.
If you are a parent or legal guardian of a child under thirteen (13) years of age and believe the child has disclosed personal information to Martin’s, you may review and request deletion of the child’s personal information and also refuse to permit its further collection or use. Also, in such event, we request that you immediately contact us—at the address, telephone number, or e-mail address set out below—so that we may promptly take action to delete the child’s personal information.
If any term, paragraph, clause, condition, or provision of this Policy is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Policy shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby, and this Policy shall be construed as if such invalid, void, or unenforceable provisions were omitted.
No waiver of any provision of this Policy, nor any amendment of this Policy, shall be valid unless in writing and signed by Martin’s.
Changes to this Policy.
We reserve the right to change, modify, or amend this Policy at any time, without prior notice, and for any reason. We will notify you of any changes to this Policy by posting the modified version here and indicating the date it was last modified. Accordingly, you should review this Policy periodically to view the latest version. Your continued use of the Sites and participation in our promotional programs after the posting of any changes, modifications, or amendments to this Policy shall constitute your acceptance of, and agreement to, those changes, modifications, and amendments.
If you have any other questions or concerns, please feel free to contact us:
By Mail: Martin’s Super Markets Attn: Customer Care P.O. Box 2709 South Bend, IN 46680-2709
By Telephone: 574-234-5848 during the hours of 8:00 a.m. – 5:00 p.m. (ET) Monday through Friday (excluding holidays)
By Email: email@example.com
This Policy was last modified on September 23, 2019.