This website and any related websites, microsites, mobile applications and social media platforms (each, a “Site” and collectively, our “Sites”) are owned and operated by Foodexny or one of its subsidiary companies (collectively, “Tonchin”). Tonchin knows your privacy and security are important, so we are very sensitive to the privacy concerns of those who use our Sites.This Privacy Policy describes how we may use, disclose and process personal information collected about you both online and offline, including through your use of the Sites, when you purchase our products, or otherwise interact or communicate with us.

The Privacy Policy also describes the measures we take to protect the security of your personal information, the choices that may be available to you regarding our use and disclosure of the information, and how you can contact us to exercise your choices, update your preferences regarding how we communicate with you, or answer questions you may have about our privacy practices.This Privacy Policy may be modified at any time without notice by posting the modified Privacy Policy here. You should check this Privacy Policy each time you visit the Site to identify and understand any changes made since your previous visit. Please consult the Site Terms of Use for additional terms and conditions that apply to your access and use of the Site.
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INFORMATION WE COLLECT AND HOW WE USE IT
Information You Provide Directly to UsWhen you participate in or register on the Sites for promotions, offers, programs, contests, or sweepstakes; purchase our products; apply for employment; or otherwise interact or communicate with us, you may directly provide us with certain information, including, the following types of personal information:
•Name
•Email address
•Phone number
•Information you direct a third-party service, such as Facebook, Twitter, or Instagram, to provide to us.
We may also offer you the opportunity to sign up for email newsletters and other communications and promotional materials. We may collect your name, email address, zip code, state and other information for purposes of sending those communications.
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INFORMATION WE COLLECT FROM SOCIAL NETWORKING SERVICES
If you choose to access or use social networking services, such as Facebook, Twitter, Instagram, etc., we may receive certain personal information that you make available to those services. We encourage you to review the privacy policies of each social networking service you use to understand how your information may be used and shared by the service and to set your privacy settings on such services in accordance with your preferences.Information We Collect by Automated Means When You Visit Our Sites When you visit any of our Sites, we may collect certain information by automated means, using technologies such as cookies, web server logs, web beacons, or other technologies that collect information about your computer, device or browser, and your online activity.Please note that our Sites do not recognize “do not track” signals received from browsers.  However, you can change your privacy preferences regarding the use of cookies and similar technologies through your browser. Cookies are files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings in your browser. Your browser may tell you how to be notified when you receive certain types of cookies and how to restrict or disable cookies. Please note, however, that without certain cookies you may not be able to use all of the features of the Sites.In conjunction with the gathering of information through cookies, our web servers may log information such as your device type, operating system type, browser type, domain and other system settings, as well as the language your system uses, your precise geolocation data, and the country and time zone where your device is located. The web server logs also may record information such as the address of the web page that referred you to the Site and the IP address of the device you use to connect to the Internet. They may also log information about your interaction with the Sites, such as which pages you visit, links you click and the items you view.  To control which web servers collect information by automated means, we may place tags on our web pages called "web beacons," which are small files that link web pages to particular web servers and their cookies.We also may use third party web analytics services on the Sites, such as those of Google Analytics, AddThis, or other analytics services. These analytics providers use cookies, web beacons and other technologies to help us analyze how users use the Sites. The information collected by the cookies and web beacons (including your IP address) will be disclosed to these providers, who may use the information to evaluate your use of the Sites. To learn more about Google Analytics, you may visit https://support.google.com/analytics/answer/6004245, and to opt out of the use of Google Analytics in your browser, you may visit http://tools.google.com/dlpage/gaoptout.  To learn more about opting out of AddThis, you may visit https://www.oracle.com/legal/privacy/addthis-privacy-policy.html.

Information We Obtain from Other Sources
We may obtain information about you from other sources, such as from your devices, family and friends, our subsidiaries and other brands or businesses in the Tonchin family of companies, vendors who provide services on our behalf, our business partners (such as our licensees and promotional partners), our corporate customers, online advertising technology companies, government entities, data aggregators, consumer data resellers and public databases.This information may include your identifiers (such as your name, email address and postal address), demographic information (such as your age, gender, marital status and income level), commercial information (such as your purchasing behavior, interests, hobbies and product preferences), online activity and publicly available information.We also may collect additional information for which we provide specific notice at the time of collection.
HOW WE MAY USE INFORMATION
We may use any information we collect about you to operate, evaluate and improve our business, products, services and Sites; to communicate with you and provide information to you regarding our products, services and promotions that may interest you; and to customize and optimize your experience on the Sites.  We also may use information we collect in other ways for which we provide specific notice at the time of collection.Other specific ways we may use this information include the following:• To enable you to use certain features of the Sites• To verify your identity and respond to your comments or questions about our products, services, promotions, or company• To better understand our customers and product needs• To provide you with services or offers you have requested• To help us develop new and improved products, services, promotions and websites• To conduct market research, analysis and data analytics• To determine the effectiveness of our advertising and marketing• To analyze our products, services, promotions and websites• To administer, manage and optimize our Sites• To identify and prevent fraud, unauthorized transactions, claims and liabilities• To manage risk exposure and quality• To comply with or enforce legal requirements, industry standards and our policies and terms.

INTEREST-BASED ADVERTISING
We may use the information we collect about you to provide you with advertising about products and services that may be tailored to your individual interests. You may see our ads on other websites and apps because we use third-party ad services on the Sites. These ad services may track information about your online activities over time and across third-party websites and apps by collecting information through automated means, including through the use of cookies, web server logs, web beacons and other similar technologies. These ad services may collect data about your visits to websites and apps that participate in these services, such as the pages or ads you view and the actions you take on the websites or apps.  This data collection takes place both on the Sites and on third-party websites and apps that participate in these ad services. These ad services may use this information to show you ads that may be tailored to your individual interests. For additional information on how to manage cookies, please visit http://www.allaboutcookies.org/. To learn how to opt out of interest-based advertising in the U.S., please visit www.aboutads.info/choices, www.networkadvertising.org/choices/, and http://preferences-mgr.truste.com/.

DISCLOSURE OF INFORMATION
We may disclose the categories of personal information we collect about you (as described above) with the categories of third parties listed in this section, such as our service providers and licensees who perform services on our behalf. These service providers and licensees are not authorized by us to use or disclose the information, except as necessary to perform services on our behalf or to comply with legal requirements. We also may share information with our affiliated companies, licensees, franchisees, advertising agencies and promotional partners to, for example, send you information about products, services, or promotions that may interest you.We also may disclose your personal information by allowing third-party ad services and analytics services to collect information via automated technologies on our Sites for interest-based advertising or analytics purposes, as described above. These types of disclosures may be considered a “sale” under applicable law when the personal information is exchanged for non-monetary consideration.  Such disclosures also may be considered the processing of personal information for “targeted advertising” purposes under applicable law. If you are a consumer residing in Colorado, Connecticut, Utah or Virginia, please see the “Your Control Over Your Information” section of this Privacy Policy, below, for additional information about the opt-out rights that may be available to you with respect to these activities. We also may disclose information about you (i) if we are required to do so by law or legal process, (ii) in response to lawful requests by governmental agencies, such as  law enforcement authorities, (iii) to establish, exercise or defend our legal rights; or (iv) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. We reserve the right to disclose personal information we have about you in the event we sell or transfer (or contemplate the sale or transfer of) all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the recipient to use the personal information you have provided to us in a manner that is consistent with this Privacy Policy.

LINKS TO THIRD-PARTY WEBSITES, SERVICES AND FEATURES
The Sites may contain links to third-party services and features, such as websites, apps, widgets or plug-ins that are owned or operated by companies other than Tonchin or any of its affiliated companies. These third-party services and features may have their own privacy policies and are not governed by this Privacy Policy. We strongly suggest you carefully review the privacy policies, practices and terms of use for all third-party services and features you visit through a link on our Sites. We are not responsible for the privacy practices or content of any websites, services or features owned or operated by third parties.

HOW WE PROTECT PERSONAL INFORMATION
We maintain administrative, technical and physical safeguards designed to protect the personal information we obtain against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.

CHILDREN UNDER THE AGE OF 13
The Sites are designed for a general audience and are not directed to children under 13 years of age. In connection with the Sites, we do not knowingly solicit or collect personal information from children under 13 years of age. Any information submitted through the Sites that we know originated from a child under 13 years of age will be deleted.
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YOUR CONTROL OVER YOUR INFORMATION
We offer you certain choices in connection with the personal information we collect about you.  You may contact us as described in the “How to Contact Us” section of this Privacy Policy, below, to review and update your preferences, ask us to remove your information from our mailing lists, or to submit a request. All of our promotional emails contain an “unsubscribe” link that you can click through to stop receiving future promotional emails from the Tonchin brand or group that originated the promotion. If you are a California resident, please review our California Privacy Statement for additional information about our privacy practices and your rights.If you are a consumer residing in Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, or Virginia, you have the right to (1) request access to, correction of, or deletion of your personal information; (2) request that we provide you a copy of your personal information in a portable format; or (3) opt out of the processing of your personal information for purposes of targeted advertising, or the sale of your personal information. [i] To exercise these rights, email us at info@foodexny.com. Prior to fulfilling your request, we will take reasonable steps to verify your identity, including by requesting your name, address, phone number, email address, and purchase-related information. To submit an opt-out request as an authorized agent on behalf of an individual, please email us at info@foodexny.com. You may appeal our decision with respect to a request you have submitted by emailing info@foodexny.com. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request. If you choose to exercise any of these rights, you have the right to not receive discriminatory treatment by us.

HOW TO CONTACT US
If you have questions or comments about our products, services, or company, please contact us by emailing info@foodexny.com.For California ResidentsThis California Privacy Statement (“Statement”) applies to California residents, including our customers, Site visitors, business customers, business partners, vendor representatives, and job applicants, and addresses personal information we collect online and offline. This Statement does not apply to Tonchin personnel.This Statement uses certain terms that have the meaning given to them in the California Consumer Privacy Act of 2018 (as amended by the California Privacy Rights Act of 2020) and its implementing regulations (collectively, the “CCPA”).

NOTICE OF COLLECTION AND USE OF PERSONAL INFORMATION
We may collect (and may have collected during the 12-month period prior to the Last Updated date of this Statement) the following categories of personal information about you:• Identifiers: identifiers such as a real name, alias, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, IP address, email address, account name, Social Security number, driver’s license number, passport number, and other similar identifiers• Additional Data Subject to Cal. Civ. Code § 1798.80: signature, physical characteristics or description, state identification card number, insurance policy number, education, bank account number, credit card number, debit card number, and other financial information, medical information, and health insurance information• Protected Classifications: characteristics of protected classifications under California or federal law, such as race, color, national origin, religion, age, sex, gender, marital status, medical condition, disability, citizenship status, and military and veteran status• Commercial Information: commercial information, including records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies• Online Activity: Internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements• Geolocation Data• Sensory Information: audio, electronic, visual, and similar information• Employment Information: professional or employment-related information• Education Information: education information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99)• Inferences: inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudesWe may use (and may have used during the 12-month period prior to the Last Updated date of this Statement) the categories of personal information listed above for the purposes described in our Privacy Policy and the following business purposes specified under the CCPA:• Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on our behalf.• Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance.• Short-term, transient use, including, but not limited to, non-personalized advertising shown as part of your current interaction with us.• Helping to ensure security and integrity to the extent the use of your personal information is reasonably necessary and proportionate for these purposes.• Debugging to identify and repair errors that impair existing intended functionality.• Undertaking internal research for technological development and demonstration.• Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance a service or device that is owned, manufactured, manufactured for, or controlled by us.• Providing advertising and marketing services, except for cross-context behavioral advertising (which is addressed in the “Sale or Sharing of Personal Information” section of this Statement).• Managing career opportunities with us.• Managing our relationships with current or prospective corporate customers, vendors and other business partners.To the extent we process deidentified information, we will maintain and use the information in deidentified form and will not attempt to reidentify the information unless permitted by applicable law.We do not use or disclose (and have not used or disclosed during the 12-month period prior to the Last Updated date of this Statement) “sensitive personal information” (as defined under the CCPA) for any purpose other than those expressly permitted under the CCPA.

SOURCES OF PERSONAL INFORMATION
During the 12-month period prior to the Last Updated date of this Statement, we may have obtained personal information about you from the following categories of sources:• Directly from you (such as when you participate in (or register on our Sites for) promotions, offers, programs, contests, sweepstakes or other participatory events; communicate with us; purchase goods from us; or apply for employment with us)• From your devices (such as when you browse or use our Sites)• Your family or friends (such as when they contact us on your behalf, or refer you for one of our contests, sweepstakes or other participatory events)• Our subsidiaries and other brands or businesses in the Tonchin family of companies• Vendors who provide services on our behalf• Our business partners (such as our licensees, franchisees and promotional partners)• Corporate customers (such as when they refer complaints and inquiries to us or provide mail-to lists for gift purchases)• Social networks• Advertising networks and agencies• Data aggregators• Data brokers• Data analytics providers• Internet service providers• Operating systems and platforms• Government agencies, courts and regulators• Public databases• For job applicants, recruiting and talent agencies• For job applicants, job references, such as your employers• For job applicants, credit reporting and background check service providers

RETENTION OF PERSONAL INFORMATION
We will retain your personal information for the time period reasonably necessary to achieve the purposes described in this Statement or our Privacy Policy, or any other notice provided at the time of data collection, taking into account applicable statutes of limitation and records retention requirements under applicable law, as well as our records retention requirements and policies.

SALE OR SHARING OF PERSONAL INFORMATION
We do not sell your personal information in exchange for monetary compensation. As described in our Privacy Policy, we may disclose or make available your personal information by allowing certain third parties (such as providers of online advertising or data analytics services and social networks) to obtain your personal information, including via automated technologies on our Sites. We may disclose your personal information to such third parties for analytics purposes or for the enhanced ability to serve you content and advertisements that may be of interest to you.  Under the CCPA, this type of disclosure may be considered a “sale” when the personal information is exchanged for non-monetary consideration, or “sharing” when the personal information is disclosed for cross-context behavioral advertising purposes. You have the right to opt out of these disclosures of your information as described in the “California Privacy Rights” section below.We may sell or share for cross-context behavioral advertising purposes (and may have sold or shared during the 12-month period prior to the Last Updated date of this Statement) the following categories of personal information to providers of online advertising or data analytics services and social networks: Identifiers, Commercial Information, Online Activity and Inferences.We do not have actual knowledge that we sell or share the personal information of minors under 16 years of age.

DISCLOSURE OF PERSONAL INFORMATION
During the 12-month period prior to the Last Updated date of this Statement, we may have disclosed the following categories of personal information about you for a business purpose to the following categories of third parties:Category of Personal Information Category of Third PartyIdentifiers • Our subsidiaries and other brands or businesses in the Tonchin family of companies• Vendors who provide services on our behalf• Our business partners (such as our licensees and promotional partners)• Our corporate customers (such as retailers)• Advertising networks and agencies• Data analytics providers• Social networksAdditional Data Subject to Cal. Civ. Code § 1798.80 • Our subsidiaries and other brands or businesses in the Tonchin family of companies• Vendors who provide services on our behalf• Our business partners (such as our licensees and promotional partners)• Our corporate customers (such as retailers)• Advertising networks and agenciesProtected Classifications • Our subsidiaries and other brands or businesses in the Tonchin family of companies• Vendors who provide services on our behalf• Our business partners (such as our licensees and promotional partners)• Our corporate customers (such as retailers)• Advertising networks and agencies• Data analytics providers• Social networksCommercial Information • Our subsidiaries and other brands or businesses in the Tonchin family of companies• Vendors who provide services on our behalf• Our business partners (such as our licensees and promotional partners)• Our corporate customers (such as retailers)• Advertising networks and agencies• Data analytics providersOnline Activity • Our subsidiaries and other brands or businesses in the Tonchin family of companies• Vendors who provide services on our behalf• Our business partners (such as our licensees and promotional partners)• Our corporate customers (such as retailers)• Advertising networks and agencies• Data analytics providers• Social networksGeolocation Data • Our subsidiaries and other brands or businesses in the Tonchin family of companies• Vendors who provide services on our behalf• Advertising networks and agenciesSensory Information • Our subsidiaries and other brands or businesses in the Tonchin family of companies• Vendors who provide services on our behalf• Our business partners (such as our licensees and promotional partners)• Our corporate customers (such as retailers)• Social networksEmployment Information • Our subsidiaries and other brands or businesses in the Tonchin family of companies• Vendors who provide services on our behalf• Our business partners (such as our licensees and promotional partners)• Our corporate customers (such as retailers)Education Information • Our subsidiaries and other brands or businesses in the Tonchin family of companies• Vendors who provide services on our behalfInferences • Our subsidiaries and other brands or businesses in the Tonchin family of companies• Vendors who provide services on our behalf• Our business partners (such as our licensees and promotional partners)• Our corporate customers (such as retailers)• Advertising networks and agencies• Data analytics providers• Social networksIn addition to the categories of third parties identified above, during the 12-month period prior to the Last Updated date of this Statement, we may have disclosed personal information about you to government entities, such as law enforcement or regulatory agencies, and third parties in connection with corporate transactions, such as mergers, acquisitions and divestitures.6.

CALIFORNIA PRIVACY RIGHTS
If you are a California resident, you have certain choices regarding your personal information, as described below, subject to certain exceptions under applicable law.• Access: You have the right to request, twice in a 12-month period, that we disclose to you the personal information we have collected, used, disclosed and sold or shared about you, including the categories of personal information collected, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information we have collected about you.  To submit an access request, email info@foodexny.com.• Correction: You have the right to request that we correct the personal information we maintain about you, if that information is inaccurate. To submit a correction request, email info@foodexny.com.• Deletion: You have the right to request that we delete personal information we have collected from you.  To submit a deletion request, email info@foodexny.com.• Opt-Out of Sale or Sharing: You have the right to opt out the sale of your personal information or the sharing of your personal information for cross-context behavioral advertising purposes. To submit an opt-out of sale or sharing request, click here or use the Global Privacy Control signal. If you would like to opt-out of the sale or sharing of your personal information associated with a different device or browser, please submit an opt-out request or broadcast the Global Privacy Control signal using that device or browser. Please note that if you clear your cookies on a particular browser or device, you may need to resubmit your opt-out request again from that device or browser. Requests sent using the Global Privacy Control will apply to the device and browser from which they are submitted.  For more information about the Global Privacy Control, please visit https://globalprivacycontrol.org/.  • Shine the Light Request: You may have the right to request that we provide you with (a) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (b) the identity of those third parties. You also may ask us to refrain from sharing your information with certain affiliates and other third parties for their own marketing purposes.  To submit a Shine the Light request, email us at info@foodexny.com.To submit a request to exercise any of the rights above as an authorized agent on behalf of an individual, please email us at info@foodexny.com.

VERIFYING REQUESTS
To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your deletion or correction request. We may verify your identity by requiring you to provide information to help us identify you, depending on the nature of your relationship with Tonchin, including name, address, phone number, email address, and purchase-related information. In addition, if you ask us to provide you with specific pieces of personal information, we will require you to sign a declaration under penalty of perjury that you are the individual whose personal information is the subject of the request. If you designate an authorized agent to make an access, correction, deletion, or opt-out of sale or sharing request on your behalf (a) we may require you to provide the authorized agent written permission to do so, and (b) for access, correction and deletion requests, we may require you to verify your own identity directly with us.

ADDITIONAL INFORMATION
If you choose to exercise any of your rights under the CCPA, you have the right to not receive discriminatory treatment by us. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request. This Statement is available in alternative formats upon request. Please contact info@foodexny.com if you have any questions or concerns about our privacy policies and practices, or to request this Statement in an alternative format.