Fairmont Farm & Market Privacy Policy

Last Updated: November 11, 2021

Welcome to the Privacy Policy for Fairmont Farm & Market.

Please Read Carefully

Fairmont Farm & Market cares deeply about the privacy of its visitors and users our services and the Site located at https://www.fairmontfarminc.com, including all associated webpages and interactive resources, as applicable (together, the “Site”). To that end, this Privacy Policy (“Privacy Policy”) describes how we Collect, use, and share your Personal Information, as well as an explanation of the data rights you may have in that Personal Information. This Privacy Policy applies to all Fairmont Farm & Market users, including unregistered visitors, and registered users (collectively, “Users”, “you”, or “your”), and to all Fairmont Farm & Market services, including our websites (including www.fairmontfarminc.com and any of its subdomains, the “Website”), web applications, and related services (collectively, the “Services”).

Your use of the Site and/or provision of Personal Information via the Site or otherwise (such as by email, phone, regular mail, or via our social media pages) constitutes your consent to our collection, use, storage, processing, disclosure, and transfer of that information in accordance with this Privacy Policy. By using the Site, you acknowledge and agree that you have read and accepted the terms of this Privacy Policy. Without prejudice to the generality of the foregoing, you expressly and unequivocally consent to: (a) the collection, use, storage, processing, disclosure, and transfer of your Personal Information by us in accordance with the indicated purposes and this Privacy Policy; and (b) the collection, use, storage, processing, disclosure, and transfer of Personal Information on your behalf, as indicated in this Privacy Policy.

We reserve the right to, at any time and in our sole discretion, add to, change, update, or modify this Privacy Policy simply by posting such addition, change, update, or modification (together, "changes") on the Privacy Policy and updating the "Last Updated" date. For instance, from time to time we may want to use information that you provide to us for new, unanticipated uses not previously addressed in our Privacy Policy. If our privacy practices change or if there is a material change in the manner in which we use Personal Information, we will update this Privacy Policy to reflect these changes. Any such changes will be effective immediately upon posting. Your continued use of the Site will constitute your acceptance of such changes. Because this Privacy Policy may change from time to time, it is important that you regularly review this Privacy Policy to ensure that you are updated as to any changes. This Privacy Policy, and any posted changes to its terms, shall remain in full force and effect while you use the Site.

Prior to accessing or using the Site, please read this Privacy Policy and make sure you fully understand our practices in relation to your Personal Information. If you read and fully understand this Privacy Policy and remain opposed to our practices, you must immediately leave and discontinue all use of any of our Services. If you have any questions or concerns regarding this policy, please contact us as provided in the “Contact Us” section of this Privacy Policy.

As provided in the Terms of Service [add link], the Site is intended for access and use by United States residents only.

Collection of Information

What is “Personal Information”?

"Personal Information" includes any information that enables us to identify you, directly or indirectly, by reference to an identifier such as your name, identification number, location data, online identifier, or one or more factors specific to you. Personal Information includes pseudonymized Personal Information but excludes anonymous information or information that has had the identity of an individual permanently removed (“deidentified”).

The type of information we may collect could include, but is not limited to, your name, home address, email address, telephone number, mobile phone number, geographic location and other demographic information, mobile device information, site traffic information, credit card information, current and historical purchase and order information.

How Do You Consent to Use of Your Personal Information?

By accessing or using the Site, you are consenting to have your information, including Personal Information, transferred to, processed, and stored in the United States.

As part of your interactions with Fairmont Farm & Market, you may be asked to supply us with your phone number. If you provide this information, then regardless of whether the phone number is a wired or wireless phone number or whether the phone number is listed on the Do-Not-Call Registry, you expressly consent to being contacted by Fairmont Farm & Market at the phone number for any legitimate business purpose (including sales, marketing and promotional offers) and by any means (including autodialed or prerecorded voice calls and text messages made with an automatic telephone dialing system). In this regard, you specifically acknowledge and understand that you may incur, and you agree that you will bear sole responsibility for, any charges related to these incoming calls or messages.

If you are providing Personal Information to us relating to a third party, you confirm that you have the consent of the third party to share such Personal Information with us and that you have made the information in this Privacy Policy available to the third party.

If you choose not to provide us with your Personal Information, you still may visit most of the Site. Please note, however, that you may be unable to access certain content on the Site or receive certain services or offerings otherwise provided.

How do we collect Personal Information and what information do we collect?

We may collect information about you, including Personal Information, as follows:

Information You Provide to Us. We may collect information you provide directly to us. For example, we collect information when you:

fill out a form
make a purchase or contribution
seek a refund or replacement
sign up to become a member
set up a personal profile
post User Generated Content
send us an email
sign up to receive promotional emails or text messages
enroll in a subscription
participate in programs
attend events
sign up as a volunteer
create an account
participate in a contest, sweepstakes, promotion, or survey
communicate with customer service
communicate with us via third party social media sites
request information
link to Third Party Social Platforms
otherwise communicate with us

We collect information that you provide when you communicate with us through the Site or otherwise (such as by email, phone, regular mail, or via our social media pages). We may collect your Personal Information if we monitor the Site.

Because Fairmont Farm & Market is a purveyor of perishable food products, must retain data on sales transactions for an extended period of time in order to facilitate any claims or recalls. If you refuse to provide your data to facilitate a transaction, we reserve the right to refuse and reject any attempt by you to make a purchase.

Information We Collect Automatically When You Use the Site. When you access or use our Site, we automatically collect certain information about you, including:

Log Information: We log information about your use of the Site, including the type of browser you use, access times, pages viewed, your IP address, and the page you visited before navigating to the Site.
Device Information: We may collect information about the computer or mobile device you use to access the Site, including the hardware model, operating system and version, device identifiers, and mobile network information.
Information Collected by Cookies and Other Tracking Technologies: We may use various technologies to collect information, and this may include sending cookies to your computer or mobile device. Cookies are small data files stored on your hard drive or in device memory that helps us to improve the Site and your experience, see which areas and features of the Site are popular, and count visits. We may also collect information using web beacons (also known as “tracking pixels”) and other tracking technologies. Web beacons are electronic images that may be used in the Site or emails and help deliver cookies, count visits, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon. For more information about cookies and how to disable them, please see “Your Choices” below.

Information We Collect from Other Sources. We may also obtain information from other sources and combine that with information we collect through the Site. For example, if you create or log into your account through a social media site, we will have access to certain information from that site in accordance with the authorization procedures determined by such social media site. We may also use such information for list matching purposes. We may obtain data from other companies, including data brokers, to enhance our existing customer information. We receive information from social media platforms and business partners, including online advertisers and co-sponsors. We may gather information about gift recipients for whom you place an order.

Job Applicant Information. We also may collect information that is provided to us by Fairmont Farm & Market job candidates (“Applicants”) when they apply to any open positions published on www.fairmontfarminc.com or other locations authorized by us, whether Applicants apply online, by e-mail, or otherwise.

Use of Information

How Do We Use Your Information?

We may use information about you, including Personal Information, for various purposes in accordance with the terms of the Privacy Policy in effect at the time of such use, including but not limited to the following:

· Provide, maintain, and improve the Site;

· Provide and deliver information you request, process contributions and transactions, process purchase and refund transactions, and send you related information, including confirmations and invoices;

· Send you confirmations, technical notices, updates, security alerts, and support and administrative messages;

· Request feedback and otherwise contact you about your use of the Site;

· Respond to your comments, questions, and requests and provide customer service;

· Improve our marketing and promotional efforts

· Send you newsletters and otherwise provide you with information or services you request or that we think will be of interest to you, such as sending you information to keep you informed about various issues, events, resources, promotions, products, and services;

· Determine your eligibility, including verifying your identity or determining your eligibility for certain aspects of the Site, such as promotions, services, products, which may include verification of you rage, date of birth, and state of residence;

· Poll your opinions through surveys or questionnaires;

· Engage in internet-based advertising, including where we and our third-party partners may engage in interest-based advertising using personal information gathered across multiple websites, devices, or other platforms to serve you relevant advertising on our Site or on other sites, services, and mobile applications or on other devices you may use;

· Communicate with you, including about this Privacy Policy or the Terms of Service, changes to the Site, feedback requests;

· Monitor and analyze trends, usage, and activities in connection with the Site;

· Personalize and improve the Site and provide advertisements, content, or features that match user profiles or interests;

· Link or combine with information we get from others to help understand your needs and provide you with better service;

· Carry out our contractual obligations, including any obligations arising from any agreement entered into between you and us, including the Terms of Service;

· Help maintain the safety, security, and integrity of the Site, products, services, databases, technology assets, and business assets, and to help prevent and detect fraud;

· Administer and protect our business and the Site, including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data, protecting and enforcing our legal rights, protecting our company;

· Resolve a dispute;

· Collect fees or monies owed;

· Comply with all applicable laws or legal processes, including providing information on individual users to the appropriate governmental authorities where required by law enforcement or judicial authorities; responding to law enforcement requests and as required by applicable law, court order, or governmental regulations;

· Carry out any other permissible purpose for which the information was collected;

· As otherwise necessary to enforce separate agreements between us and you, if applicable;

· As otherwise permitted by law or as we may notify you.

We use aggregated, anonymous data we collect about Site use for the following purposes:

For Site administration and updating;
To perform statistical analyses of the collective characteristics and behavior of visitors to the Site;
To measure user interests regarding specific areas of the Site, including content;
To analyze how and where best to use our resources.

Without such data, we would not know which parts of the Site are the most popular, and we would not be able to change and update the Site and content appropriately.

How May We Share Your Information with Third Parties?

We allow you to make informed choices about who has access to your information. We do not provide contact information or share Personal Information to third party marketers without your permission. Personal Information collected through the Site generally is collected and maintained solely by us or our contracted vendors.

We may share information about you, including Personal Information, as follows or as otherwise described in this Privacy Policy:

With third-party service providers, vendors, consultants, and volunteers (together, “service providers”) engaged to assist us in providing the Site, including the content, to you or to carry out one or more of the purposes described above or in the Terms of Service. These service providers are prohibited from using your Personal Information for any purpose other than to provide this assistance and are contractually required to protect Personal Information disclosed by us and to comply with the general privacy principles described in this Privacy Policy. When we use such service providers, we provide limited access to your information so that such service providers can perform the tasks on our behalf;
With business advisors, such as accountants and lawyers, who assist us in carrying out our business activities;
Internally within our family of companies, for the purposes described in this Privacy Policy.
In response to a request for information (such as a subpoena, warrant, or other court order) if we believe disclosure is in accordance with any applicable law, regulation, or legal process, or as otherwise required by any applicable law, rule, or regulation, or to respond to an emergency situation;
If we believe your actions are inconsistent with the spirit or language of the Terms of Service, any user agreements or policies, or to protect the rights, property, or safety of our company, our employees, volunteers, or others persons associated with us;
In connection with, or during negotiations of, any reorganization, formation of new organization, asset sale or transfer, financing or lending transaction, or in any other situation where personal information may be disclosed or transferred as one of the assets of our company;
With a third party if we have reason to believe that disclosing Personal Information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Site users, or anyone else who could be harmed by such activities.
With governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or (3) investigating fraud that has already taken place. The information is not provided to these companies for marketing purposes.
Third parties that provide goods or services that we believe may be of interest to you.
To better serve you with appropriate and relevant marketing offers.
With your consent or at your direction, including but not limited to if we notify you through the Site that the information you provide will be shared in a particular manner and you provide such information.

Deidentified or Aggregated information. We may share statistical, deidentified, or aggregated non-Personal Information about our users with business partners, affiliates, sponsors, and/or other third parties, including but not limited to Google Analytics and Facebook Scripts. Such data may be used to customize our website content to deliver a better experience to our Users. You may opt out from Google Analytics implementations and features that we use (see the “Your Choices” section of this Privacy Policy).

Social Sharing Features. The Site may offer social sharing features and other integrated tools (such as the Facebook “Like” button), which let you share actions you take on the Site with other media, and vice versa. The use of such features may enable the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

Your actions. When you use the Site, User Generated Content that you post or share with third parties may be shared with other users in accordance with this Privacy Policy and your preferences. Please keep in mind that if you disclose Personal Information that is publicly available in your profile or in any User Generated Content, that you post, this information may become publicly available. All such sharing of information is done at your own risk. DO NOT POST USER GENERATED CONTENT if you do not want it to be used or made available to the general public as set forth in the Terms of Service. Everything you share is voluntary; do not share anything you wish to remain private.

Advertising and Analytics Services Provided by Others. We may allow third parties to use cookies or other technologies to provide analytics services and to serve ads on other websites based on your visits to this site and other sites across the Internet. These entities may collect information about your use of the Site and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked, and conversion information. This information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests and better understand your online activity. For example, we may use remarketing with Google Analytics or other remarketing tools to advertise online. This enables third-party vendors, including Google, to show our ads on sites across the Internet. Such third-party vendors, including Google, may use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to our website. For information on how you can opt out of Google’s use of cookies for interest-based ads please visit Google’s Ads Settings.

For more information about Internet-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.networkadvertising.org/managing/opt_out.asp and
www.aboutads.info/choices.

Security

The Site uses security measures at least equal to those reasonably expected in the industry, to protect against the loss, misuse, and alteration of your Personal Information under our control. These measures include commercially reasonable industry-standard physical, administrative, and technological methods to protect your Personal Information.

We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your Personal Information for improper purposes. In the event that any information under our control is compromised as a result of a breach of security, we will take commercially reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

Please keep in mind that you are responsible for the security of any Personal Information in your control. You should log out of your browser at the end of each computer session to ensure that others cannot access your Personal Information and correspondence, especially if you share a computer with someone else or are using a computer in a public place such as a library or Internet cafe. When you see either a solid key icon or a locked padlock icon at the lower portion of your browser window, this indicates that you site is secured through Secure Sockets Layer. If you do not see one of these icons, please contact your Internet service provider.

Parents should consider whether their children should be supervised during the child's use of the Site. Despite our best efforts to ensure a safe Site, we cannot guarantee that the Site is entirely free of illegal, offensive, pornographic, or otherwise inappropriate material, or that users will not encounter inappropriate or illegal conduct from other users. Consequently, you may encounter such content and conduct. You can help us by notifying us of any nudity, pornography, harassment, or unwelcome content or unwelcome contact (see the Contact Us section below). We will use our reasonable best efforts to review reports as soon as practicable and remove any content that we deem at our sole discretion to have violated the Terms of Service. If warranted under the Terms of Service, we also will disable access of the user responsible for posting the abusive content.

Your Choices

Cookies. Most web browsers are set to accept cookies by default. If you prefer, you may be able to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Site.

Promotional Communications. You may opt out of receiving updates and newsletters from us by following the instructions in those emails or by emailing us as provided in the “Contact Us” section of this Privacy Policy. If you opt out, we may still send you other types of emails, such as those about your use of the Site or any transactions.

Your Personal Information. If you believe any of the Personal Information that we have is incomplete or inaccurate, you may request that we correct your record. To make this request, please contact us as provided in the “Contact Us” section.

After your information is deleted, backup copies may linger for some time before they are deleted, and we may retain certain data for a longer period of time if we are required to do so for legal reasons.

Third-Party Links

The Site may contain links to third-party websites. As provided in the Terms of Service, those websites are not controlled by us and we are not responsible for the content of any such website. We are not responsible for the privacy practices of other websites. We encourage our users to be aware of when they leave the Site and to read the privacy policies of each and every website that collects Personal Information. This Privacy Policy applies solely to information collected by us through the Site.

Conflict in Terms

Some browsers utilize privacy enhancing technology to translate our Privacy Policy into a computer readable format and then translate it back into human readable format for you to read. This translation back into human readable format is often referred to as a "Policy Summary." To the extent that this Policy Summary is inconsistent with, fails to address, or addresses an issue not raised in our Privacy Policy, you should rely on our Privacy Policy as it is the controlling authority.

Personal Information from Children Under 13

We do not knowingly collect or use personal information from children under 13 without containing verifiable consent from their parents.

We have no way of distinguishing the age of individuals who access our website, and so we carry out the same Policy for individuals of all ages. If a child has provided us with personal information without parental or guardian consent, the parent or guardian should contact us to remove the information and opt out of promotional opportunities. For more information about the Children's Online Privacy Protection Act (COPPA), visit the FTC website: www.ftc.gov.

The Site may include information and applications targeted at children and others that are intended for users of all ages. The Site may offer activities that may collect information from children under 13. Below we summarize potential instances of collection and outline how and when we will provide parental notice and/or seek parental consent. Whenever we collect Personal Information from a child, we will retain that information only as long as reasonably necessary to fulfill the activity request or allow the child to continue to participate in the activity, to ensure the security of our users and the Site, or as required by law. If we discover we have collected information from a child in a manner inconsistent with COPPA’s requirements, we will either delete the information or immediately seek the parent’s consent for that collection.

Registration. It may be possible for children to register (such as create an account or become a member) through the Site. During the registration process, we may ask the child to provide certain information for notification and security purposes, including a parent’s or guardian’s email address, the child’s first name and gender, the child’s member or account username, and password. We also may ask for birth dates from children to validate their ages. We strongly advise children never to provide any personal information in their usernames. Please note that children can choose whether to share their information with us, but certain features may not function without it. As a result, children may not be able to access certain features if required information has not been provided. We will not require a child to provide more information than is reasonably necessary in order to participate in an online activity.

About the collection of parent email addresses. Consistent with the requirements of COPPA, on any child-targeted Site, or in any instance where we ask for age information and determine the user is under 13 years of age, we will ask for a parent or guardian email address before we collect any Personal Information from the child. If you believe your child is participating in an activity that collects personal information and you or another parent/guardian have not received an email providing notice or seeking your consent, please feel free to contact us as provided in the “Contact Us” section. We will not use parent emails that are provided for parental consent purposes to market to the parent, unless the parent has expressly opted in to email marketing or has separately participated in an activity that allows for such email contact.

Parent Email Consent. In the event Fairmont Farm & Market wishes to collect personal information from a child, COPPA requires that we first seek a parent’s or guardian’s consent by email. In the email, we will explain what information we are collecting, how we plan to use it, how the parent can provide consent, and how the parent can revoke consent. If we do not receive parental consent within a reasonable time, we will delete the parent contact information and any other information collected from the child in connection with that activity.

Contests and Sweepstakes. If we have contests or sweepstakes available for children’s participation, we typically require only the information necessary for a child to participate, such as first name (to distinguish among family members) and parent email address (to notify the parent where required by law). We only contact the parent for more personalized information for prize-fulfillment purposes when the child wins the contest or sweepstakes. If a contest or sweepstakes asks the child to submit their own created content along with the child’s entry, in those instances, we may require parental consent prior to submission.

Email Contact with a Child. On occasion, in order to respond to a question or request from a child, Fairmont Farm & Market may need to ask for the child’s online contact information, such as an email address. We will delete this information immediately after responding to the question or request.

In connection with certain activities or services, we may collect a child’s online contact information, such as an email address, in order to communicate with the child more than once. In such instances we will retain the child’s online contact information to honor the request and for no other purpose such as marketing. One example would be a newsletter that provides occasional updates about club or program. Whenever we collect a child’s online contact information for ongoing communications, we will simultaneously require a parent email address in order to notify the parent about the collection and use of the child’s information, as well as to provide the parent an opportunity to prevent further contact with the child. On some occasions a child may be engaged in more than one ongoing communication, and a parent may be required to “opt-out” of each communication individually.

Persistent Identifiers. When children interact with us, certain information may automatically be collected, both to make the Site more interesting and useful to children and for various purposes related to our business. Examples include the type of computer operating system, the child’s IP address or mobile device identifier, the web browser, the frequency with which the child visits various parts of our sites or applications, and information regarding the online or mobile service provider. This information is collected using technologies such as cookies, flash cookies, web beacons, and other unique identifiers. This information may be collected by Fairmont Farm & Market or by a third party. This data is principally used for internal purposes only, in order to:

provide children with access to features and activities on our Site
customize content and improve our Site
conduct research and analysis to address the performance of our Site
generate anonymous reporting for use by Fairmont Farm & Market

In the event we collect (or allow others to collect) such information from children on our Site for other purposes, we will notify parents and obtain consent prior to such collection.

Parental Choices and Controls. At any time, parents can refuse to permit us to collect further Personal Information from their children, and they can request that we delete from our records the Personal Information we have collected. Please keep in mind that a request to delete records may lead to a termination of an account, registration, membership, or other service. Inquiries may be directed as provided in the Contact Us section below. In any correspondence such as e-mail or mail, please include the child’s name and the parent’s email address and telephone number. To protect children’s privacy and security, we will take reasonable steps to help verify a parent’s identity before granting access to any Personal Information.

Notice to Users Outside the United States

As detailed in the Terms of Service, the Site is designed to be used by residents of the United States. If you are a user located outside of the United States, be advised that any information you enter on the Site may be transferred outside of your country (including the European Union) to the United States of America, which may not offer an equivalent level of protection to that required in your country. In particular, you are advised that the United States of America uses a sectoral model of privacy protection that relies on a mix of legislation, governmental regulation, and self-regulation. By using the Site, you unambiguously consent to the transfer of all such information to the United States of America, which may not offer an equivalent level of protection to that required in your country, and to the processing of that information by us on our servers located in the United States.

Storage of Information. Personal information we maintain may be stored in or outside of the United States. If you live outside of the United States, you understand and agree that we may transfer your Personal Information to the United States.

State Specific Disclosures

We may choose or be required by law to provide different or additional disclosures relating to the processing of personal information about residents of certain states. Please see below for disclosures that may be applicable to you:

Nevada. Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. To submit such a request, please contact us at the contact information below with the subject line “Nevada opt-out.”

California

California Consumer Protection Act. Fairmont Farm & Market currently is not subject to the California Consumer Protection Act of 2018, as amended (the CCPA). We recognize the importance of respecting the privacy of those who visit the Site, and many of our privacy practices align with the requirements of the CCPA.
Other California Privacy Rights. California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Site who 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 (see the “Contact Us” section).

To contact us for any purpose, including to access, correct, amend, or delete Personal Information we have about you, to change your preferences (including to opt out of or change your preferences regarding receiving communications or information), for legal matters (including notices of violations of this Privacy Policy), please contact us at:

By email: info@fairmontfarminc.com

By regular mail: 141 Lyle Haven Road, East Montpelier VT 05651.

When you contact us, please provide your name and address exactly as that information appears on correspondence you have received from us.

You are entitled to make an anonymous complaint or inquiry in relation to this Privacy Policy or your privacy rights; however, we may require you to identify yourself if required by law or it is impracticable for us to address your matter otherwise.

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