Privacy Policy
Nutmeg Marketplace referred to as Nutmeg, (part of NetSymm Inc.) understands you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy practices. By using or accessing the Services in any manner, you acknowledge the practices and policies outlined in this Privacy Policy, and that we will collect, use, and share your information in the following ways.
Remember that your use of Nutmeg's Services is subject to the Terms of Service, which incorporates this Privacy Policy. Any terms we use in this Privacy Policy without defining them have the definitions given to them in the Terms of Service.
What does this Privacy Policy cover?
This Privacy Policy applies to Nutmegmarketplace.com, and all other websites, applications, widgets, products, services, and other offerings (collectively, the “Services”) owned and operated by NetSymm, Inc. and our affiliates and subsidiaries (collectively, “Nutmeg”) that link to this Privacy Policy. This Policy covers our treatment of the personal information we gather through the use of our Services.
NetSymm, Inc. (1520 The Alameda, Suite 120, San Jose, CA 95126, USA) is the data controller for the personal information collected in connection with use of the Nutmeg's services elsewhere.
What Information does Nutmeg Collect?
We collect information about your use of our Services. We also gather various types of personal information, as explained in more detail below.
Buyers (Retailers and Restaurants)
When you register as a Buyer with Nutmeg Marketplace, we will collect your first and last name, email address, phone number, business address, website, store name, store address, bill to, ship to address, and bank information.
Order Fulfillment. If you place an order to purchase goods from Suppliers and Distributors through Nutmeg Marketplace, we will also collect information to facilitate that order, such as your shipping address, and payment information.
Identity Verification. In some cases, we may request additional information to validate your business, such as alcoholic beverage permits, photos of your store or your company's social media profiles. In some cases, we may request information such as your tax identifier or other government-issued numbers or financial or lease records to establish your account limits.
When you receive an order through Nutmeg, we will collect information to facilitate that order, such as your Tax Identification Number, tax class, and bank account information so we can pay you.
Using the Services
When you browse and use our Services, we collect information about the items you browse, show interest in, and buy.
Communications with Us
We collect personal information from you when you communicate with us, for example when you request information about our services, contact our Support team, or register for our newsletter.
Surveys, Sweepstakes, and Contests
We may ask you to participate in optional surveys, where you may be asked to provide personal information.
Forums and Social Media
Our Services may provide forums, blogs, social media pages, or other channels where individuals may review purchases, talk about their experience using our Services, or “like” or “share” content to social media. Note that content provided for and posted in these channels, including by you, is public and that the processing of your information might be subject to the policies and notices of third parties that make such channels available or index such content.
Information Collected Automatically
Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser or device, which may include your IP address, geolocation data, device identification, the type of browser and/or device you're using to access our Services, and the page or feature you requested.
Additionally, we, as well as third parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, local storage, and other technologies to collect information automatically through our Services.
These technologies are small data files that we transfer to your browser or device that allows us to provide and enhance our Services. You may be able to change the preferences on your browser or device to prevent or limit your device's acceptance of these technologies, but this may prevent you from taking advantage of some of our features.
Analytics
We may use analytics service providers, including Google Analytics, to collect information regarding visitors to our Services, such as their behavior on our Services or information about their demographic. For more information about Google Analytics, see Google's partner privacy policy. To opt out of Google Analytics, visit Google Analytics opt-out.
Do-Not-Track
Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. At this time, we do not respond to nor honor Do-Not-Track signals from web browsers.
Information Collected from Third Parties
Referral Programs. We may collect information about you through a referral program, such as when a Nutmeg Buyer or Seller refers one of their existing customers, leads, or partners to Nutmeg. If you have been referred to Nutmeg but wish to opt out of emails from us, please contact us as explained below.
Single Sign On. If you access our Services through a third party or social networking site, we may collect information about you that has been made available via your privacy settings with that third party. For example, if you register for Nutmeg with Facebook, we may collect your name, profile ID, location, gender, profile picture, and list of your friends.
Third-Party Integrations. We may offer third-party integrations. If you choose to integrate third-party applications with Nutmeg, we will collect personal information as part of that integration. Because each third-party service you may choose to integrate collects different personal information, the detail in which information will be collected will be explained during the integration setup process. For more information on integrations, please contact us as described below.
With your explicit consent, Nutmeg uses Stripe, Inc. (“Stripe”) to gather data from financial institutions. By using our Services, you grant Nutmeg and Stripe the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Stripe in accordance with the Stripe Privacy Policy.
Other Sources. We may receive information about you from other sources, including to supplement the information we have collected about you. In some circumstances, we may receive payment performance information to evaluate your eligibility for extended payment terms.
How Does Nutmeg Use the Personal Information It Collects?
We use the information we collect about you for various business purposes as described below.
To provide you with our Services
- Enter into a contract with you
- Allow you to set up a user account and profile
- Fulfill your requests for products and services
- Allow you to create and share content with others
- Communicate with you about your account and updates to our Services
- Determine your order or account limits and eligibility for extended payment terms
- Process applications, transactions, and payments
- Facilitate communications between you and other users
For our legitimate business interests
- Analyze how you use the Services
- Understand user interest and engagement on the Services
- Engage in marketing or sales outreach
- Provide customized content, offers, or Services, including marketing content via email, postal mail, social media, SMS, or other channels, subject to applicable laws
- Research and develop Services
- Improve and streamline our Services
- Verify your identity and prevent fraud
- Detect security incidents; protect against malicious, deceptive, fraudulent, or illegal activity
- Ensure quality control
- Debug to identify and repair errors
- Enforce our Terms and policies
- Audit or other compliance activities
You can obtain further information on the legitimate interest balancing exercise on request by reaching out to us via the contact details below, to the extent this information is not contained in this Privacy Policy.
To comply with our legal obligations
We retain and use your information in connection with potential legal claims, and for compliance, regulatory and auditing purposes. For example, we retain information where we are required by law, or if we are compelled to do so by a court order or regulatory body. Also, when you exercise any applicable legal rights you have to access, amend or delete your personal information, we may request identification and verification documents from you for the purpose of confirming your identity.
With your consent
Nutmeg may collect and use personal information with your consent. You can revoke your consent at any time (either through our Services directly or by contacting us via info@nutmegmarketplace.com), though note that you might not be able to use any service or feature that requires collection or use of that personal information.
Automated Decision-Making
Nutmeg does not engage in automated decision-making that has legal or similarly significant effect on individuals.
De-Identified, Aggregated and anonymized Information
We use personal information to create de-identified, aggregated or anonymized information such as: information about demographics, de-identified location information, information about devices used to access our Services, and de-identified, aggregate or anonymized information on transactions on our Services that help our users understand and optimize sales.
Third-Party Websites
We may offer links to third-party websites or Services, which are not controlled by us and not subject to the protections laid out in this Privacy Policy. We do not endorse nor approve any third-party website and we encourage our users to read the privacy policy of each service they interact with.
APIs and SDKs
We may use third-party APIs and software development kits (“SDKs”), which may allow third parties to collect personal information about you for various purposes, such as to conduct analytics, verify your business when you register with Nutmeg as a Retailer or Brand, provide customized content, or otherwise streamline the Services. For more information about our use of APIs and SDKs, contact us as described below.
Will Nutmeg Disclose Any Personal Information It Receives?
We “share” information as defined by California law. We do not rent nor sell your personal information in a personally identifiable form to anyone. Additionally, we disclose personal information as described below.
We may disclose your personal information with third parties as described in this section:
Service Providers. We employ service providers to perform tasks on our behalf, and we need to disclose your information with them in order to provide products or services to you; for example, we may use a payment processing company to receive and process any credit card transactions for us.
When You Request That We Disclose Your Information. We may offer Services, features, or promotions that involve disclosing your information to a third party or with other Nutmeg users. If you request or agree to have your information disclosed to a third party as part of a feature or Service, we will disclose that information at your request.
Credit Evaluation. If you are extended payment terms, we may disclose aggregated payment performance information to third-party service providers that report on payment performance to Nutmeg and other businesses.
De-Identified Information. We may provide de-identified, aggregate or anonymized information to our partners, including usage information to help our partners understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. Before we disclose this information, we take reasonable efforts aligned with industry best practices to ensure that this information cannot identify you.
Advertising on the Nutmeg Platform. We may allow advertisers and/or merchant partners (“Advertisers”) to choose the demographic information of users who will see their advertisements and/or promotional offers. You agree that we may provide any of the information we have collected from you in non-personally identifiable form to an Advertiser, in order for that Advertiser to select the appropriate audience for those advertisements and/or offers.
Third-party Advertising. We want to make sure that our advertising is relevant and interesting to you and our other users. To achieve this, we use specialized third-party advertising companies, including companies which collect data about you in order to build a profile of your preferences based on your activities when you visit or use the Services. For further information relating to our third-party partners or to opt-out of such sharing of your information please reach out to us via info@nutmegmarketplace.com.
Affiliates. We may disclose your information to our affiliated companies.
User Profiles and Submissions. Certain user profile information, including your name, location, and any video or image content that such user has uploaded to the Services, may be displayed to other users to facilitate user interaction within the Services or address your request for our services. Please remember that any content you upload to your public user profile, along with any personal information or content that you voluntarily disclose online in a manner other users can view, becomes publicly available, and can be collected and used by anyone.
Business Transfers. We may choose to buy or sell assets, and may disclose and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, personal information could be one of the assets transferred to or acquired by a third party.
Protection of Company and Others. We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of Company, our employees, our users, or others.
Children's Information
As noted in the Terms of Service, we do not knowingly collect nor solicit personal information from anyone under the age of 18. If you are under 18, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us with personal information, please contact us as described below.
Is Personal Information About Me Secure?
You must prevent unauthorized access to your account and personal information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
We endeavor to protect the privacy of your account and other personal information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
What Are My Privacy Rights and Choices?
You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us, use our Services or to take advantage of some of our features.
Opting Out of Communications
If you no longer wish to receive electronic communications from us, click the unsubscribe link at the bottom of the email or follow opt-out instructions provided in other communication channels. Note you may still receive transactional emails from us. We process requests to be placed on do-not-mail and do-not-call lists as required by applicable law.
Opting Out of Cookies and Advertising
You may stop or restrict the placement of cookies on your device or remove them as your browser or device permits. Visit Network Advertising Initiative, Your Online Choices, AdChoices Canada, and About Ads to learn more about the choices available to opt out of cookies and advertising.
Updating Your Personal Information
Through your account settings, you may access, and, in some cases, edit or delete information you have provided to us, including name, email address, location, and payment information. If you have any questions about viewing or updating information we have on file about you, please contact us as described below.
Data Rights
Subject to the requirements of applicable law, you may also have privacy rights including:
- Data access and portability: You may have the right to receive a copy of the data and related information we have about you and request us to transfer all or some of this data to a third party.
- Correction of data: You may request that we update or rectify information we have about you.
- Deletion of data: You may request that we delete information we have about you.
- Restriction of or object to processing: You may have the right to opt in or opt out of certain uses of your data or to object to all processing of your data.
If you would like to exercise any of these rights, please contact us as described below. We will process your request in the time and manner required by law. To protect your privacy, we may take steps to verify your identity before fulfilling your request.
Non-Discrimination. You have the right not to receive discriminatory treatment for the exercise of your privacy rights. If you have questions about your data rights, contact us as described below, or reach out to our data protection officer at info@nutmegmarketplace.com.
Data Retention
We generally retain personal information for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, financial, or reporting obligations, to establish or defend legal claims, or for compliance and protection purposes. When we no longer require the personal information we have collected about you, we may either delete it, anonymize it, or isolate it from further processing.
Will Nutmeg Change this Privacy Policy?
We're constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well, but we will alert you to material changes by placing a notice on the website, by sending you an email, and/or by some other means. By using the Services after any changes to the Privacy Policy have been posted, you agree to the new Privacy Policy.
Notice for California Residents
We do not sell or share personal information of California residents.
Financial Incentives. We may offer referral programs that include financial incentives. These referral programs are entirely voluntary. If you wish to withdraw from an incentive program, please contact us as described below.
Authorized Agents. You may designate an authorized agent to exercise your California privacy rights. To designate an authorized agent, please contact us as described below. If you are a California resident and would like to exercise any of your privacy rights, please contact us as described below.
We only use Sensitive Personal Data as necessary for service delivery and operations, security and integrity of our Services, or for quality and safety of our Services.
Accessibility
This Privacy Policy webpage uses industry-standard technologies and was developed inline with the World Wide Web Consortium's Web Content Accessibility Guidelines (v. 2.1). If you wish to print this Policy, you may do so from your web browser or by saving the page as a PDF.
Notice for Colorado, Connecticut, and Virginia Residents
In addition to the rights listed above, residents of Colorado, Connecticut, and Virginia may submit requests to opt-out of their personal information being used for targeted advertising purposes and profiling. To submit a request, please contact us as described below.
United States Postal Service Privacy Act Statement
Where applicable, your information will be used to facilitate the purchase of USPS postage and fulfill transactional reporting requirements for USPS postage systems. Collection is authorized by 39 U.S.C. 401, 403, and 404. Providing the information is voluntary, but if not provided, your transaction may not be processed. For more information regarding USPS privacy policies, visit usps.com/privacypolicy.
What if I have questions about this policy?
If you have any questions or concerns regarding our privacy policies, please contact us at info@nutmegmarketplace.com or by regular mail via:
NetSymm, Inc. (Nutmeg Marketplace)
1520 The Alameda, Suite 120
San Jose, CA 95126
USA
855-638-7966