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Last updated: April 20, 2021

E&S Performance Foodservice (“E&S Performance”, “E&S”, “we”, “us”, “our”) is committed to protecting the privacy of each Websites visitor (“you”, “your”). We know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This Privacy Policy (the “Policy”) describes how we process personal information relating to you, including the types of personal information that we collect, the purpose for which we use it, the types of third parties with which we share it, and any rights you may have with respect to such information. For the purpose of this Policy, the term “Websites” shall refer collectively to www.eandsperformance.com as well as other websites that operate and link to this Policy.

Please read this Policy carefully. By using or accessing our Websites or providing your information to us, you agree that we may process your personal information in the manner described in this Policy. Your use of our Websites and any information you provide to us is subject to this Policy and applicable terms and conditions that apply to the Websites, including limitations on damages, arbitration of disputes, and application of the law of the state of Ohio.

1. TYPE OF INFORMATION WE COLLECT

E&S Performance collects several types of information from and about you. Typically, the information falls into two categories: “Personally Identifiable Information” and “Non-Personally Identifiable Information.”

Personally Identifiable Information. For the purposes of this Policy, “Personally Identifiable Information” means: information that identifies a particular individual, such as an individual’s name, postal address, email address, phone number, social security number, and credit card or other financial account information. We may ask for Personally Identifiable Information when you purchase a product, request a service, ask a question about our services, subscribe to newsletters, or engage in some other activity on our Websites.

Non-Personally Identifiable Information. For the purposes of this Policy, “Non-Personally Identifiable Information” means: any information, recorded in any form, about more than one individual where the identity of the individuals is not known and cannot be inferred from the information. When you visit the Websites, we may collect Non-Personally Identifiable Information, including information about your hardware, IP address, browser type and version, browser plug-in types and versions, time zone setting, operating system, platform, the full URL clickstream through and from our website, cookie number, pages visited on our Websites, referring and exit pages, page response times, download errors, lengths of visits to certain pages, page interaction information, the dates and times when you visit our Websites, purchase history, products you viewed or searched for.

2. HOW WE COLLECT INFORMATION; USE OF COOKIES, OTHER ELECTRONIC TOOLS, AND THIRD PARTIES

We collect Personally Identifiable Information directly from you when you provide it to us. We do not collect any Personal Identifiable Information without your consent.

We may collect Non-Personally Identifiable Information about you through a variety of methods, including the following:

Cookies. “Cookies” are data files or pieces of information a website sends to your computer while you are viewing a website. They are used to keep track of your movements within the website, help you resume where you left off, remember your registered login, theme selection, preferences, and other customization functions, and store other Non-Personally Identifiable Information. We may set and access cookies on your computer to track and store such information about you. By accessing the Websites, you consent to E&S Performance’s placement of cookies on your computer. Please note that most internet browsers allow you to stop cookies from being stored on your computer and to delete any stored cookies. You can also disable or delete similar data used by browser add-on, such as Flash cookies, by changing the add-on’s setting or visiting the website of its manufacturer. If you choose to do so, however, you may not be able to fully experience the features of the Websites that you visit.

Google Analytics. Google Analytics uses cookies to analyze your use of the Websites. E&S Performance uses Google Analytics to collect certain information, including IP address, your browsing activities, and other data linked to your usage of the Websites. E&S Performance does not use your website visitation data to identify you without your permission. You can opt out of Google Analytics by following the link below:

Google Analytics Opt Out Link

Third Party Advertisers. Our Websites may include third-party advertising and links to other websites. We do not provide any Personally Identifiable Information to these advertisers or third-party websites. These third-party websites and advertisers, or Internet advertising companies working on their behalf, sometimes use technology to send (or “serve”) the advertisements that appear on our Website directly to your browser. They automatically receive your IP address when this happens. They may also use cookies, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of their ads and to personalize advertising content. We do not have access to or control over cookies or other features that they may use, and the information practices of these advertisers and third-party websites are not covered by this Policy. Please contact them directly for more information about their privacy practices. We have no responsibility or liability for your visits to, and the data collection and usage practices of third-party websites.

We may also receive your personal information from other sources, including updated delivery and address information from our carriers or other third-parties, which we use to correct our records and deliver your next purchase. We may also receive from third parties your account information, purchase or redemption information, search term and search result information, search results and links, including paid listings (such as Sponsored Links) and credit history information from credit bureaus, which we use to help prevent and detect fraud and to offer certain credit or financial services to some customers.

3. INFORMATION USE

E&S Performance may use the information that you provide to us or we collect about you, including any Personally Identifiable Information, for the following purposes:

We may use your information to deliver service to you or carry out transactions that you requested, including, but not limited to, providing information on the products or services you have purchased, answer customer service requests, and facilitate the use of our Websites.

We may use your information to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection purposes and to enforce our terms and conditions for this Website.

We may use your information to give you notices about your account or any update to our services.

We may use your information to inform you of products, services, news, or promotions which may be of interest to you. Sometimes we send offers to select groups of E&S Performance customers on behalf of other businesses. When we do this, we do not give that business your name or address. You are able to opt-out from marketing communications sent via e-mail at any time by using the “unsubscribe” link in any e-mail marketing materials that you received from us or adjust your preferences in My Account.

We may use your information to enable us to display targeted advertisement to our advertisers’ target audiences. Even though we do not disclose your personal information to these advertisers, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria (e.g., users in the northwestern United States who like classical music).

We may use your information to comply with any law, court order, legal process, including to respond to any governmental or regulatory request.

4. DOES E&S Performance SHARE THE INFORMATION IT RECEIVES?

Information about our customers is an important part of our business, and we are not in the business of selling it to others. We will keep your Personally Identifiable Information confidential and will not sell, rent, trade, or otherwise share your Personally Identifiable Information with third-parties for their commercial use without your consent. We may share information that we collect or you provide as described below:

Third-Party Service Providers: We employ contractors, services providers, and other third parties to perform functions on our behalf. These functions include fulfilling orders, delivering packages, sending postal mail and email, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. We will only provide these third-party service providers with the information they need to conduct their services, and they will be prohibited from using the information we provide for any other purpose.

Business Transfers: As we continue to develop our business, we might sell or buy websites, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Policy (unless the customer consents otherwise). Also, in the unlikely event that E&S Performance or substantially all of its assets are acquired, customer information will be one of the transferred assets.

Protection of E&S Performance and Others: We may release account and other personal information when we believe release is appropriate to comply with the law, to enforce or apply our terms and conditions of Websites use and other agreements, or to protect the rights, property, or safety of E&S Performance, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. This does not, however, include selling, renting, sharing, or otherwise disclosing Personally Identifiable Information of customers for commercial purposes in violation of the commitments set forth in this Policy.

With Your Consent: Other than above circumstances, you will receive prior notice when E&S Performance discloses your information to third parties, and you will have the opportunity to choose not to share the information.

5. DATA SECURITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. We employ powerful 128-bit encryption and Transport Socket Layer 1.2 (TLS) technology in all areas where your personal identity is required. In addition, access to your personal information is restricted within our company to provide maximum security. Your account information and order history are behind firewalls and on separate servers, to prevent abuse by hackers, and all transaction information is processed through encrypted channels.

The safety and security of your information also depends on you. Where you have chosen a password for access to certain parts of our Websites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone and prevent any un-authorized access to your computer or device.

We reveal only the last four digits of your credit card numbers when confirming an order. The entire credit card number is transmitted solely to the appropriate credit card company during order processing.

6. YOUR INFORMATION AND YOUR RIGHTS

You can always choose not to provide personal information to us, even though it might be needed to make a purchase, complete a transaction, or to take advantage of E&S Performance Websites features like Your Profile or Wish Lists. You may also request that we delete personal information that we have about you.

You can access your personal information, including recent orders; personally identifiable information (including name, email, address); payment settings (including credit card information and check balances); email notification settings (including Order notifications, Shipping notifications, Deliveries, and newsletters); recommendations (including Recent Product view history, Prior Order History, and Favorites); shopping lists (including Wish Lists and Quick Order Guides); and Your Profile (including your product Reviews, Requests, and Recommendations). You can correct or update out-of-date or inaccurate personal information we have about by editing your profile information or by contacting us directly. We usually keep a copy of the prior version for our records.

7. CUSTOMER TESTIMONIALS AND COMMENTARY

We reserve the right to use and post any testimonials or comments submitted to us. By participating in surveys or reviews pertaining to E&S Performance or product or services relating to E&S Performance, you give E&S Performance permission to use your given name and remarks for marketing purposes. Please note that participation in reviews and surveys is not mandatory. Please contact E&S Performance to have testimonials or commentary removed from the Website.

8. INFORMATION FOR CALIFORNIA CONSUMERS: YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, the California Consumer Privacy Act (“CCPA”) and applicable regulations require us to disclose the following information to you. This section applies solely to all visitors and users who reside in the State of California. We adopt this section to comply with the California Consumer Privacy Act of 2018 (“CCPA”), Cal. Civ. Code 1798.100, et seq.

Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). In particular, we collected the following categories of personal information from customers within the last 12 months:

Category
Examples
Collected
Disclosed
Category of Third-Party Recipient
A. Identifiers.
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
YES
YES
Shipping Service Providers

Credit Card Processors
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Some personal information included in this category may overlap with other categories.
YES
YES
Shipping Service Providers

Credit Card Processors
C. Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
YES
NO
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
YES
NO
E. Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
NO
NO
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
YES
NO
G. Geolocation data.
Physical location or movements.
NO
NO
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
NO
NO
I. Professional or employment-related information.
Current or past job history or performance evaluations.
NO
NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
NO
NO
K. Inferences drawn from other personal information.
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
NO
NO

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, when you order products from us, or register to create an account.
  • Indirectly from you. For example, from cookies.

We may use or disclose the personal information we collected for the purposes set forth in Section 3 above.

Right to Know About Personal Information Collected, Disclosed, or Sold

You have the right to request that we disclose what personal information we collect, use, disclose, and sell (the “right to know”). Once we receive your request and verify your request, we will disclose to you:

  • The specific pieces of personal information we collected about you.
  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Right to Request Deletion of Personal Information

You have the right to request that we delete any of your personal information that we collected from you, subject to certain exceptions (the “right to delete”). Once we receive your request and verify your request, we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request to the extent CCPA permits us to not comply with your request to delete.

We implement a two-step process for your online requests to delete. You must first submit the request to delete, and then, separately confirm that you want your personal information deleted. We will delete or de-identify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

Right to Opt-Out of the Sale of Personal Information

You have the right to direct a business that sells your personal information to stop selling your personal information (the “right to opt-out”). We do not sell your personal information.

Right to Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

Making a Request

To exercise your right to know or right to delete, please contact us at ccpa-requests@eandsdirect.com or 1-855-384-2590.

Verifying Your Request

We only respond to requests that can be verified. To verify your request, we may ask you to provide us with sufficient information that allows us to verify you are the person about whom we collected personal information.

Making a Request Through Authorized Agent

You may designate an individual or business entity that meets the requirements under California Consumer Privacy Act Regulations to make a CCPA request on your behalf. When you use an authorized agent to submit a request to know or a request to delete, we may ask you to provide sufficient information that allows us to verify you are the person about whom we collected personal information and the agent is legally authorized to act on your behalf. To verify that the agent is legally authorized to act on your behalf, we may ask you to (1) provide an power of attorney executed pursuant to California Probate Code; or (2) provide the authorized agent signed permission to request on your behalf; verify your identity directly with us; and/or directly confirm with us that you provided the authorized agent permission to submit the request.

9. CHILDREN UNDER THE AGE OF 16

Our Websites are not intended for children under the age of 16. If you are under 16, do not use or provide any information on our Websites or through any of its features, register an account, make any purchases through our Websites, or provide any information about yourself to us. E&S Performance does not knowingly collect or store any personal information from children under the age of 16. In the event that we learn that we have received or collected personal information from a child under age 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, you may contact us to submit a request for removal.

10. CHANGES TO OUR PRIVACY POLICY

We may from time to time and at our sole discretion update this Policy. When we make these updates, we will change the “Last Updated” date listed at the top of this Policy. If we make a material change to this Policy that affects our use of your personal information, we will update users by placing a more prominent notice on our home page. You are responsible for periodically visiting this Policy to check for any changes.

11. CONTACT US

For any other information or questions regarding the Websites or your information, please contact us at

4500 E. Broad St.
Columbus, OH 43213
sales@eandsdirect.com
1-855-384-2590