Privacy Policy

Last Updated: February 2, 2021

FiveStar Food Mart Privacy Policy

PRIVACY POLICY

Last Updated: December 2020

This privacy policy (“Privacy Policy”) applies to all mobile or desktop applications, websites and pages owned or operated by Newcomb Oil Co. LLC d/b/a Five Star Food Mart or our affiliates, as well as the FiveStar FanPerks Program if you elect to participate (individually or collectively, the “Services”), and our collection of information through other means. The purpose of the Privacy Policy is to disclose to you what information we may collect, how we may collect it, with whom we may share it, and certain other matters related to such information, including the choices you have regarding our collection of information and our use and disclosure to other parties of information we may have collected from you. The terms “we,” “us,” “our,” and “Five Star” refer to Newcomb Oil Co. LLC d/b/a Five Star Food Mart, a Kentucky limited liability company, and our affiliates.

Please read this Privacy Policy carefully.  By using the Services, you consent to all of the terms and conditions of this Privacy Policy and our collection, storage, use and disclosure of your information as described in this Privacy Policy.

Applicability

This Privacy Policy applies to information we collect:

• At our stores, including on forms you complete at one of our locations;
• Through the Services;
• In email, text and other electronic messages between you and the Services or us, including on forms you complete online;
• Through our mobile or desktop applications (“apps”), which provide dedicated non-browser-based interaction between you and Five Star or the Services;
• Through your enrollment in the FiveStar FanPerks Program by any method; and
• When you interact with our advertising and applications on social media or third-party applications, websites and services.

This policy does not apply to information collected by any third party not acting on our behalf, including through any application or content (including advertising) that may link to or be accessible from or on the Services.

When this Privacy Policy uses the term “personally identifiable information” or “personal information,” we mean information that identifies a particular individual, such as your name, street address or email address. When other information is associated with personal information, it may also become personally identifiable information for the purposes of this Privacy Policy.

 

INFORMATION WE MAY COLLECT

Information You Choose to Provide.  Five Star collects and stores any information that you enter or provide through any of the Services, at our stores, or give us in any other way.  Examples include:

• Your name, mailing address and email address
• Your phone number or fax number
• Unique identifiers such as a user ID or password
• Demographic information such as your date of birth or age
• Payment information, including credit card numbers or ACH debit information

Information from Social Media Services. If you access any aspect of the Services through a third party social media service, you allow us to access and import information from your profile for that social media service which may affect the privacy settings you establish on the social media service. You can find out more about these settings at the social media service. By using the Service through a social media service, you are authorizing us to collect, store and use any information that the social media service provides to us through the social media service’s interface with Five Star. You agree to this when you “accept or “allow” one of our applications on the social networking site.

Information from Mobile Devices. If you use the Service on a mobile device or through a mobile application or sign up for SMS notifications or push notifications (where available), we may receive your mobile device identifier and/or IP address, the name you have associated with your device, device type, telephone number, country and geolocation. Most mobile devices allow you to adjust location-based services and other information provided by your device.

Correspondence.  We retain records and copies of correspondence that you send us and that we send you, including email addresses.  When you open emails from us, we may receive a confirmation notifying us that you opened the email. We also may track emails you may be receiving from our affiliates.   We keep a record of communications you have elected to receive or not to receive.

Third Party Service Providers.  In some instances, we may direct you to a third party service provider’s site that will collect information from you directly for your enrollment or participation in the FiveStar FanPerks Program or other Services.  Even though these sites may have the look and feel of our Services, you will be giving your information directly to the third party service provider, and in some instances such third party service provider’s privacy policy may govern the collection of your personal information. Please reference the privacy policies available from these pages for any privacy related concerns.

INFORMATION COLLECTED THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES

Website Usage Information.  We may receive and store certain types of internet usage information whenever you visit the Services, such as your traffic data, location data, pages visited, IP address, operating system, and metadata for items made available through the Services, such as the date, time or location that a scanned photograph or video was taken or posted.  We may combine this information with personally identifiable information we obtain from you directly on the Services, or from third parties.  This data helps us analyze how visitors arrive at the Services, what type of content is most popular, and what type of visitors in the aggregate are interested in particular kinds of content and advertising.

Browser Cookies.  A cookie is a small file placed on the hard drive of your computer. These small bits of code automatically identify your browser to the Services whenever your computer is used to visit the Services. Cookies also let us know how many people visit the Services and where visitors go on the Services, as well as non-personally identifiable information, like how many times a user has been on certain pages. For registered users, cookies can make using the Services easier for you by saving information such as your passwords or preferences.

By tracking how and when you use the Services, cookies help us determine which areas of the Services are popular or useful, and which are not. Improvements and updates to the Services may be based on data obtained from cookies. Accepting cookies allows you, among other things, to personalize your experience on the Services. Cookies may also allow the Services to present to you advertising which may be of interest to you. If you do not want information collected through the use of cookies, your browser has a setting that allows you to refuse to accept cookies. Even if you disable or delete cookies related to our web site, we may still be able to recognize users of the Services by cross-referencing other data we collected. Some areas of the Services may not provide you with a personalized experience if you have disabled the use of cookies.

Flash Cookies.  We may use local shared objects, also known as flash cookies, to store your preferences and navigation to, from and on our Services.  Third parties that provide certain features on our site or to display advertising based upon your Web browsing activity use flash cookies to collect and store information. Disabling flash cookies may affect features or functionality of the Services.

HOW WE USE INFORMATION WE COLLECT

We, our affiliates and third party service providers may use information collected:

• To enhance or personalize your visitor experience;
• To provide information or services you have requested;
• To process and maintain your enrollment and participation in the FiveStar FanPerks Program;
• To fulfill orders where you purchase products or services;
• To administer promotions, contests or sweepstakes in which you participate;
• To study the use and popularity of our Services;
• To notify you of updates to our Services;
• To locate you online, such as when you visit or log into the Services;
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
• To prevent fraud or potentially illegal activities and monitor and enforce our Terms and Conditions;
• To deliver, customize and target the advertising and content you see;
• To send you promotional material or special offers;
• To improve our features, develop future offerings, conduct market research, and other purposes related to our business; or
• In any other way we may describe when you provide the information.

Email or SMS Communications. We may send you email or SMS notifications of new features and other Five Star news, but will do so only in instances where you have elected to receive such information. You may opt out of such communications at any time by contacting [email protected]. You may not opt out of communications relating to the FiveStar FanPerks Program membership renewals and benefits or changes to our Terms and Conditions.

HOW WE SHARE INFORMATION WE COLLECT

As described below, we may share your information with others for various purposes:

Agents. We employ other businesses and individuals to perform functions on our behalf. Examples may include fulfilling orders, site analysis, analyzing data, processing credit card payments and providing customer service. They may have access to personally identifiable information needed to perform their functions.

Aggregate Information. We may share aggregate information, such as demographics and site usage statistics, with vendors, sponsors or other organizations. When this type of information is shared, the other parties do not have access to your personally identifiable information.

Third Party Offers. We never sell your information, but we may occasionally send communications from valued Five Star partners. These offers will be sent only when we believe that a communication will be beneficial to customers. Please be aware that if you elect to provide your personally identifiable information in response to third party marketing offers or otherwise, all information you disclose will be subject to the privacy policy and practices of such third parties, and you should review these policies before providing your information.

Affiliates. We may share your information (including without limitation personally identifiable information) with our affiliates.

Business Transfers.  In the event that our business assets are sold or transferred to another party, or another transaction occurs in which your personally identifiable information is one of the business assets transferred, all personally identifiable information that has been collected and saved may be one of the business assets we transfer. We will post a notice on the Services in the event of such a transfer.

Legal Process and Compliance with Laws and Policies. We or others may disclose your personal information and any other information collected by the Services to law enforcement agencies and other third parties without notice to you in order to comply with applicable law, to investigate suspected fraud, harassment or other violations of applicable law or of our Services’ policies, to protect our or third parties’ rights, or to protect the rights of other visitors.

Protection and Safety.  We may disclose your information to third parties without notice to you if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Five Star, our customers or others, or when we have a good faith belief that there is an emergency that poses a threat to the health or safety of any person.

When You Consent. Other than as described above, if your information might go to third parties, you will have an opportunity to choose not to share your information.

OTHER TERMS AND CONDITIONS

Security. The Services incorporate reasonable safeguards to protect the security, integrity, completeness, accuracy and privacy of the personal information that we may collect. We have put into place reasonable precautions to protect such information from loss, misuse and alteration, but we cannot guarantee that information collected by the Services will be free from unauthorized access. Our security policies are reviewed periodically and revised as required.

Links to Other Websites and Applications. When you use the Services, you could be directed to other websites or apps beyond our control. This includes links from advertisers, sponsors and marketing partners, and these third parties may use our name or logos as part of a sponsorship agreement. These other websites and apps may send their own cookies to you, independently collect data or solicit personal information and may or may not have their own published privacy policies. If you visit a website or app that is linked to the Services, you should consult that website or app’s privacy policy before providing any personal information. We do not have any control over third party websites or apps and are not liable to you for any claims that may arise from your use of third party websites or apps.

Information You Make Public.  If you post personal information online, it will be publicly available and you may receive unsolicited messages from other parties. We cannot ensure the security of any information you choose to make public, and it may remain available indefinitely. Also, we cannot ensure that parties who have access to publicly available information will respect your privacy. Please exercise caution when deciding to disclose personal information online.

Data Retention. We will retain your information for as long as your membership is active or as needed to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. If you wish to cancel your FiveStar FanPerks Program account or request that we no longer use your information to provide you services, contact us at [email protected]. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. We store information about visitors on servers located in the United States.  If you wish to have your information deleted from the Service, we will attempt to do so if we are not required to retain it by law or for legitimate business purposes. We reserve the right to decline requests that are impractical or require an unreasonable level of technical effort.

Our Policies Concerning Children.  Our Services are not intended for children under the age of 18 and we do not knowingly collect any personal information from children under the age of 18. In the event that we learn that we have inadvertently gathered personal information from a child under the age of 18, we will deactivate the account and take reasonable measures to promptly erase such information from our records.

Your California Privacy Rights. California Civil Code Section 1798.83 permits customers of the Services 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 to [email protected].

Changes to this Privacy Policy. Five Star reserves the right to amend, modify or update this Privacy Policy at any time for any reason and without notice, and your continued use of the Services after such changes signifies your acceptance of such changes. We encourage visitors to review this policy periodically to keep informed of any changes.

Contact Information.  If you have any questions about this Privacy Policy, please contact:

Newcomb Oil Co., LLC
951 Withrow Court
Bardstown, KY  40004
(502) 348-3961
[email protected]

421024.355836/8264472.1