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Last updated:  November 6, 2020 
This Privacy Policy explains how Food Service Exchange, LLC and its affiliates (collectively, “Food Service Exchange”, “we”, “us”, or our”) collect, protect, use, and disclose information that—either alone or combined with other information—can be used to identify or contact you (“Personal Information”).  This Privacy Policy applies to all Food Service Exchange-operated websites that link to this Privacy Policy, including https://www.fsxmarket.com (collectively, the “Website”). 

By accessing the Website, continuing to access the Website, purchasing any products or services through the Website, or submitting any information through the Website, you are consenting to the information collection and use practices described in this Policy, as modified from time to time by us, as described below. Your use of the Website is also governed by the Terms of Service located at https://www.fsxmarket.com/return-policy.

Buyers and sellers may collect information directly from other buyers or sellers in a transaction. A buyer’s or seller’s collection, use, and disclosure of information will be governed by their own privacy policy.
1. Updates

We may revise and update this Privacy Policy from time to time and will post the updated Privacy Policy to the Website. UNLESS OTHERWISE INDICATED, ANY CHANGES TO THIS PRIVACY POLICY WILL APPLY IMMEDIATELY UPON POSTING TO THE WEBSITE. You will know we have changed the Policy when you see a new updated date at the top of this Policy. Food Service Exchange will not notify the Website’s users of any such changes by email or other personal contact, but we reserve the right to do so. We encourage you to check the date of this Policy whenever you visit the Website so that you will know when you need to review the Policy for modifications. 

2. How We Collect Information through the Website

A. Personal Information You Provide

We may collect and store any information or content you submit or upload through the Website, whether through your submission of information through a form, registration of an account, purchasing of a product, uploading of content to the Website, or otherwise. This information may include but is not limited to, your name, billing or shipping address, email address, telephone number, or any other information or content submitted by you or any user through the Website. Payment information is collected by a third-party service provider. 

B. Information We Collect from Third Parties

We may collect information about you from third parties, including from any account (e.g., Facebook or Google) through which you log in to or otherwise interact with the Website. If applicable, Food Service Exchange may have access to certain information from your linked Google or Facebook account, including your public profile information, your email address, or other information possessed by those third parties. Food Service Exchange may aggregate any information about you collected from any source. 

C. Information We Collect Automatically

Whenever you interact with the Website, we automatically receive and record information from your browser or device. Information collected automatically may include the date and time of your visit, the length of your visit, the specific webpages you visited, your IP address, your geographic location, the type of web browser and operating system used, the address of any website that directed you to the Website, and information about your mobile device used to access the Website (including phone number, operating system details, and any applicable unique identifiers for you or your device, including your device’s Unique Device Identifier (UDID), any Apple or iOS identifiers (e.g., IDFA or an Advertising Identifier), any Google or Android identifiers (e.g., Android or Google Advertising ID), any Windows identifiers (e.g., Windows Advertising ID), or any other similar identifiers which identify you or your device). We may use such information to analyze trends, administer the Website, and gather broad demographic data for aggregate use. 

We, or third parties assisting us, may use “cookies” or other tracking technologies (e.g., web beacons, single-pixel, heatmaps, or clear GIFs) to track how you use the Website or interact with our emails for analytics, security, and/or advertising purposes. When you visit the Website or open certain emails, a cookie is a file stored on your computer or device to uniquely identify your device or to store information or settings on your device. You may adjust your web browser software if you do not wish to receive certain cookies or web beacons, but this may prevent you from taking advantage of some of the Website's features. Please refer to your browser instructions or help pages to learn more about these functions. To assist us with analyzing our website traffic through cookies and similar technologies, we use analytics services such as Google Analytics, Facebook Analytics, Microsoft Clarity, or other similar services.  For more information on Google Analytics’ processing of your information, please click here. For more information on how Facebook Analytics may collect and use the information collected through Food Service Exchange’s use of Facebook’s analytics and advertising services, if applicable, see the Facebook data use policy and related policies here. For more information on how Microsoft may collect and use information collected through Food Service Exchange, including in order to provide Food Service Exchange analytics or advertising services, please click here.

Some of our service providers may use cookies or other methods to gather information regarding your use of the Website and may combine the information in these cookies with any of your Personal Information that they may have. The use of such information by a third party depends on the privacy policy of that third party. Cookies may track activities over time and across websites. 

We do not guarantee that we will take action in response to do-not-track signals or similar mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Information about an individual’s online activities over time and across third-party websites or online services. Additionally, some third-party service providers may still collect tracking information even if you have enabled your browser’s do-not-track functionality or utilized a similar do-not-track mechanism. 

3. The Purposes for Which We Use Personal Information

Food Service Exchange may use the collected Personal Information or other data described above, individually or in the aggregate, for any lawful purpose, including, but not limited to, such purposes as facilitating transactions between buyers and sellers, facilitating freight services, analyzing and tracking user activity on the Website for individual users or for groups of users, identifying and authenticating your access to parts of the Website, tracking and analyzing usage trends, personalizing the Website to better reflect your preferences, serving more relevant advertisements, protecting our rights and/or our property, ensuring the technical functionality and security of our Website, vetting potential buyers or sellers, or enhancing your and other users’ use of the Website. All collected information may be linked to specific users and may result in the tracking of the usage information for individual users.

If you submit a review or other feedback to us, we may use that to improve the services and may publicly display that review or feedback.

Food Service Exchange may also use your submitted information to contact you, via regular mail, email, text message, telephone, or otherwise, regarding your account, the Website, your purchased products, or other relevant or promotional information or offers as determined by Food Service Exchange or its partners. By submitting your contact information to Food Service Exchange, you consent to receiving such communications. 

4. How We Disclose Personal Information

Except for the limitations expressly discussed herein, if any, Food Service Exchange may disclose, sell, or transfer any collected information to third parties for any lawful purpose in our sole discretion. 

Disclosure of Buyer and Seller Information. We disclose Personal Information, such as contact information, to the other party in a transaction (either the buyer or seller) to facilitate your transactions with them.

Third-Party Website. If you log in to Food Service Exchange through a third-party service like Facebook or Google, then those third parties may have access to certain information about your use of Food Service Exchange. For more information on the type of information those third parties may collect about you, please review the privacy policies for those third parties. 
Vendors. We employ service providers to perform tasks on our behalf and to assist us in providing the Website and the related services, such as credit card processing, marketing, and web hosting.  During the course of providing Food Service Exchange with these services, these third parties may have access to your personal and non-personal information in order to provide the services we requested from those third parties. 

Affiliates and Marketing. Food Service Exchange may disclose your collected information, including information about any purchases or sales you make through the Website, to Food Service Exchange’s affiliated entities. Food Service Exchange may also disclose your information to third parties for marketing purposes. These affiliates and third parties may contact you via any method of contact you provide to Food Service Exchange. 

Legal Compliance. We may disclose Personal Information at the request of law enforcement or government agencies or in response to subpoenas, court orders, or other legal process to establish, protect, or exercise our rights or to defend against a legal claim or as otherwise required or allowed by law, or to protect the rights, property, or safety of any person. 

Merger or Acquisition. If we sell or otherwise transfer part or the whole of Food Service Exchange or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, or liquidation), any information collected through the Website, including Personal Information, may be among the items sold or transferred. 

Advertisers.  We may use third-party service providers to provide us with advertising, conversion tracking, or similar services. These service providers may have access to information gathered by cookies or other similar mechanisms. 

5. Correcting, Updating, Accessing, or Removing Personal Information

Users of the Websites may log into the Website and correct or update certain Personal Information.  In addition, you can request that we correct, update, or delete your Personal Information by emailing a request to us at help@fsxllc.com.

6. Opting Out

We may send notifications, newsletters, promotions, or other information via email (“Communications”). You may choose to stop receiving communications by following the unsubscribe instructions in any email you receive. Please note that certain Website-related communications are necessary for the proper functioning and use of the Website, and you may not have the ability to opt-out of those Communications. 

7. Third-Party Websites

The Website may include or provide links to other websites that we do not control. Even if an affiliation exists between Food Service Exchange and third-party websites, each of these linked Websites maintains its own independent privacy and data collection policies and procedures, which we encourage you to consult. 

8. Users from Outside the United States

If you are using the Website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Website, you consent to your information being transferred to and processed in the United States. 

9. Security

We use commercially reasonable efforts to protect the information we collect on the Website. Unfortunately, however, no security system can be guaranteed to be 100% effective. Accordingly, we cannot and do not guarantee the security of your personal information and cannot assume liability for improper access to it. 

You are responsible for restricting access to your computer or mobile device through which you access the Website. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to our Website. By using the Website, or providing personal information to us through any means, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Website. 

10. Data Retention

Food Service Exchange may retain the personal and non-personal information or other collected data, individually or in the aggregate, as described above, after you delete your account or have ceased using the Website. However, Food Service Exchange does not guarantee that any information will continue to be available after such deletion or cessation. 

11. No Children

Food Service Exchange does not intend to use the Website to collect any information from children under age 18. By submitting any information through the Website, you represent and warrant that you are older than age 18.

12. Privacy Policy Questions

If you have any questions concerning this Privacy Policy, please contact us at help@fsxllc.com.

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