H Mart Privacy Notice

Effective Date: January 17, 2024

 

OVERVIEW 

This Privacy Notice provides information concerning the data practices of H Mart Companies, Inc. and its affiliates (together, “H Mart”, “we”, “our” or “us”) and the choices you as a website visitor or mobile app user (“you” or “your”) have with respect to the personal information H Mart collects, uses, and discloses.  This Privacy Notice applies when you access or use our HMart.com website, including our mobile-optimized websites (collectively, “Website”), and mobile applications that link to this Privacy Notice (“Mobile App”), when you become a Smart Savings Card member, shop at our stores, use our H Fresh direct delivery service, contact our customer service teams, or otherwise interact with us (collectively, the “Services”). 

This Privacy Notice also does not apply to H Mart’s processing of Personal Information of employees, employment candidates, or independent contractors. Employment candidates and independent contractors who are California residents can review our specific privacy notice for you here.

Acknowledgement and Consent

By visiting our Website, using our Mobile App, or purchasing or using our Products or Services in any manner, you acknowledge that you accept the terms, practices and policies described in this Privacy Notice (and as updated from time to time), and you hereby consent that we may collect, use, process, share, retain, and transfer your information as described herein. If you do not agree with our policies and practices, your choice is not to use our Website, Mobile App, or our Services. Your use of our Website and our Services is at all times subject to our Conditions of Use (available here and as amended from time to time and effective as of the date posted (the “Terms”)), which is incorporated by reference herein. Any capitalized terms we use in this Privacy Notice without defining them have the definitions given to them in the Terms.

What Information Does This Privacy Notice Cover?

This Privacy Notice covers our treatment of your personally identifiable information. “Personal Information” generally refers to any unencrypted or non-deidentified information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked with a particular person. However, the definition of Personal Information may vary depending on the state in which you reside, and that state’s or country’s definition will apply to your Personal Information in the context of this Privacy Notice. Please see additional information below on the particular information we may collect.

Personal Information does not include information publicly available from government records or information excluded by applicable law. Personal Information also does not include your Personal Information that has been deidentified, pseudonymized, anonymized, aggregated, and/or otherwise processed so as to be unidentifiable in such a way that the data can no longer be attributed to a specific individual (by reasonable means) without the use of additional information, and where such additional information is kept separate and under adequate security to prevent unauthorized re-identification of a specific individual such that one could not, using reasonable efforts, link such information back to a specific individual (collectively, all of the foregoing in this sentence being referred to as “De-Identified Personal Information”).

We also may collect Personal Information from you through means other than our Website. This may include offline collection, such as if you submit a paper application, make a payment by check, or call or visit our office. It also may include emails, text messages, or other electronic communications that you send to us separate from our Website or by way of our Service Providers (as defined herein). However, if we combine the Personal Information we collect from you outside of our Website with Personal Information that is collected through our Website or by another means as described above, the Privacy Notice will apply to the combined information, unless specifically disclosed otherwise.

If, for example, you are applying for membership, or, if applicable, for employment, either via our Website or offline, we or our service providers may obtain information from you and/or third parties about membership, licensing, accreditation, certification, professional, and/or employment as part of a background check, among other information, as part of the application process.

Other than as stated herein, this Privacy Notice does not apply to information collected by any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on our Website. We are not responsible for the practices of sites linked to or from the Website, and before interacting with any of these sites you are advised to review their rules and policies before providing them with any private information.

1. INFORMATION WE COLLECT 

We may collect several categories of Personal Information from and about you as summarized in the following table:

Category	Specific Items of Personal Information
Identifiers	first and last name user name (which may include first and last name) email address postal address zip code unique personal identifier, e.g.: Smart Reward Card number (if enrolled) phone number mobile device identifier
Demographic	birth date, language, ethnicity
Characteristics of protected classifications under California or federal law	sex, gender ethnic origin
Commercial information	products/services purchasing history and tendencies
Internet or other electronic network activity; device information	type and manufacturer of device and its ID/UDID or similar device-specific code Internet Protocol (IP) address, protocol, and/or sequence information operating system and platform Internet service provider or mobile carrier’s name, connection speed, and connection type browsing, session, interaction, and search history related to our Website cookies pixel tags browser type, language, and version screen resolution domain name system requests Media Access Control (MAC) address of pages you have visited material and pages viewed time and date of access to our Website number of bytes transferred number of clicks per visit date stamp and URL of the last webpage visited before visiting our Website, and URL of the first page visited after leaving our Website pages viewed, time spent on a page, click-through and clickstream data, queries made, search results selected, comments made type of service requested hypertext transfer protocol headers, application client and server banners, and operating system fingerprinting data keystroke tracking (keylogging) cursor tracking
Geolocation	physical location or movements precise geolocation
Other information	signatures full credit  or debit card numbers (only for in-store transactions (which are encrypted), not those online)

 

HOW WE COLLECT INFORMATION

INFORMATION YOU PROVIDE TO US 

The Personal Information we collect through our Website, or from our distributors, representatives, business partners, service providers, divisions, and subsidiaries, and may include the following:

• Information that you provide by filling in webforms on our Website. This includes information provided when creating an online account, purchasing our Products or Services, subscribing to our e-newsletters or other communications, requesting information from us, submitting or posting material (where permitted) on our forums, or interacting with customer support or service, report a problem with our Website, Products, or Services, or otherwise communicating with us.
• Membership application information
• Records and copies of your correspondence (including email addresses), if you contact us
• Registering for an event
• Your responses to surveys that we or our service providers might ask you to complete for research purposes
• Your search queries on the Website
• In stores (parent, subsidiary and affiliate brands)
• When communicating with customer service/support
• Through participation in loyalty/rewards programs
• Third party websites and mobile applications (e.g., websites that share information with us or advertising partners regarding online activities)
• Data suppliers (e.g., companies that provide demographics and other information regarding consumers)
• On our Mobile App (parent, subsidiary and affiliate brands)
• Joint marketing partners
• Mailing list providers
• Online advertising companies
• Fulfillment and delivery service providers
• Social media companies
• Other service providers
• Responding to employment opportunities

Our Services may include sending you Short Message Service (“SMS”) messages, which may deliver up to two messages per day to your cellphone or other wireless device (unless you communicate further with us and we need to or can respond), but message frequency may vary. We may use your information to contact you about your Smart Reward Card account, purchases, returns (if available), discount coupons, helpful information, mobile app updates, conduct surveys, or informational and service-related communications, including important security updates. You may request us to stop sending text messages by replying “STOP” to the SMS text message you received. After you send the SMS message “STOP” to us, we will send you a SMS message to confirm that you have been unsubscribed. Alternatively, you may submit your request by email to us, including the email address and phone number you registered with us, or by any reasonable means. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. For help, please reply to a text with HELP. Message and data rates may apply, depending on your cell phone plan. Carriers are not liable for delayed or undelivered messages.

 

INFORMATION COLLECTED THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including the following:

• Details of your visits to our Website, including, but not limited to, website traffic data, logs, and other communication data and the resources that you access and use on the Website.
• Information about your computer, mobile device, and internet connection, including your IP address, operating system, browser type, clickstream patterns, the URL of the most recent website you visited before coming to our Website, the amount of time you spent on our Website, and the pages you viewed while on our Website.

Behavioral Tracking. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services, or associate Personal Information with other information collected in this manner.

Keystrokes. We or our service providers may keep track of and/or collect the keystrokes, mouse clicks, and cursor movements of Website visitors before purchase of a Product or Service from our Website (and before we have any email address or other information about you (other than IP address) which would specifically identify you), but, this information is anonymous and, at the time of collection, we do not directly associate or attempt to associate this information with you as an identifiable individual. If you sign up to receive our emails (e.g., through the popup box that appears) we then do have the ability going forward to associate the keystroke and cursor information with the email address you provide. We use this information solely for the purpose of improving our Website to improve our customers’ user experience (e.g., improving navigation, readability, etc.).

The information we collect automatically is statistical data and may include Personal Information, and we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver better and more personalized Products and Services, including, but not limited to, by enabling us to: estimate our audience/visitor size and usage patterns, store information about your preferences, allowing us to customize and improve our Website, speed up your searches, and/or, recognize you when you return to our Website.

We also automatically collect information based on purchasing activities by Smart Savings Card members, including: 

• Daily and weekly sales information, including customer counts by department and branch ID,
• Proportion of Smart Savings Card member purchases to total purchase count and overall Smart Savings Card use rate, and,
• Customer demographics and contact information

We use this information for a variety of purposes, including authentication of members, recording of member preferences and settings, responding to reports of technical issues with our Services, ranking the relevancy and accuracy of the content on our Services, and support of H Mart’s internal audit and fraud prevention efforts.  We also use this information in aggregate form to analyze site traffic and trends to understand what content our members find useful or interesting.

To learn more, please review Section 3 (Cookies and Other Tracking Technologies) below.

CHILDREN'S DATA 

H Mart’s Services are generally not directed to children, and we do not seek or knowingly collect personal information from children under the age of 16.  In limited circumstances, H Mart may promote events or campaigns that are open to all ages.  H Mart requires opt-in parental consent for the collection of children’s personal information. If we otherwise determine upon collection that a user is under 16, we will not use or retain the information without the parent or guardian's consent.  If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 16, we will make reasonable efforts to delete such information from our records. 

2. DISCLOSURE OF YOUR PERSONAL INFORMATION 

We may disclose your Personal Information, in whole or in part, to H Mart’s family of companies, affiliates, and/or the following types of third parties, and for one or more of the following purposes:

Types of Third Parties:

• Marketing and sales service providers
• Order fulfillment and shipping service providers
• Payment processors
• Sales tax compliance advisors
• Order management and shipping service providers
• Help desk management providers
• Business communication and collaboration tool providers (e.g., email and SMS marketing, e-commerce, etc.)
• Ad Network
• Hosting services providers
• Product infrastructure tool providers
• Product engineering and design tool providers
• Finance and accounting tool providers

Purposes of Disclosure:

• To present to you our Website, Mobile App, and contents and provide information and notices (e.g., updates) related thereto.
• To provide you with Products, Services, and related information that you request from us and your related questions.
• To provide customer Service and support.
• To process transaction payments, refunds, and reimbursements for any Products or Services that you choose to purchase from us.
• To send you emails and newsletters with Product, Service, company, and other information and offers.
• To process any applications or changes to your account information and provide you with relevant notices, including expiration and renewal notices.
• To contact you about and to process discounts, offers, loyalty rewards, promotions, contests, sweepstakes, awards, and/or rebate requests, forms, and applications (including those of the foregoing in which you have participated) and coordinate with the manufacturer, retailer and/or wholesaler.
• To allow you to participate in interactive features on our Website.
• To ask for ratings and reviews and request your participation in surveys, polls, focus groups, Product trials, or other initiatives which help us to gather information used to develop and enhance our Products and Services, and to provide you with any prizes, Products or awards as applicable.
• To enhance and improve our Products and Services, for example, by performing internal research, analyzing user trends and measuring demographics and interests And for analyzing how the Products and Services are used, diagnosing Service or technical problems, and maintaining security.
• To de-identify, aggregate, anonymize, etc., your data.
• For internal purposes, such as Website and system administration or internal audits and reviews.
• To our affiliates, subsidiaries, divisions and/or our other family of companies
• To comply with applicable law(s) (e.g., to comply with a search warrant, subpoena or court order) or to carry out professional ethics/conduct investigations.
• In any other way we may describe and for which we obtain your consent when you provide the information.

Disclosure of De-Identified Personal Information. We may share De-Identified Personal Information with third parties for any purpose except as prohibited by applicable law. De-Identified Personal Information or non-Personal Information may be aggregated for system administration and to monitor usage of the Website. It may be utilized to measure the number of visits to our Website, average time spent, number of pages viewed and to monitor various other Website statistics. This monitoring helps us evaluate how visitors use and navigate our Website so we can improve the content. We may share De-Identified Personal Information or anonymous information (including, but not limited to, anonymous usage data, referring/exit pages and URLs, IP address, platform types, number of clicks, etc.) with interested third parties in any way we choose and for any purpose. We may disclose, sell, rent, etc., your De-Identified Personal Information to third parties and we may receive valuable consideration for doing so.

Your Consent to Disclosure/Transfer/Sale of Your Personal Information. You consent (and shall not object) to our disclosure, transfer, and/or sale of your Personal Information, De-Identified Personal Information, and other information you provide to us, as well as the rights you have granted or consented to in this Privacy Notice  (collectively, “Transferred Information”) to a potential or actual buyer or acquirer of assets or equity of our company or other successor for the purpose of considering or undergoing a merger, divestiture, restructuring, reorganization, dissolution, change in control, or sale or transfer of some or all of our assets (each of the foregoing referred to as a “Transfer”), whether as a going concern or as part of bankruptcy, liquidation or other court proceeding, in which Personal Information held by us is among the assets transferred. We cannot make any representations regarding the use or transfer of Transferred Information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. Furthermore, except as required by law, we are not and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the Transferred Information that is disclosed to us.

Required Disclosures. Except as otherwise described in this Privacy Notice, we will not disclose your Personal Information to any third party unless required to do so by law, court order, legal process (e.g., subpoena), including, but not limited to, in order to respond to any government, regulatory, or licensing request, or if we believe that such action is necessary to: (a) comply with the law, comply with legal process served on us or our affiliates, subsidiaries, service providers, or partners, or investigate, prevent; (b) enforce our Terms or customer agreement (including for billing and collection purposes); (c) take precautions against liability; (d) investigate and defend ourselves against any third-party claims or allegations or to investigate, prevent, or take action regarding suspected or actual illegal activities; (e) assist government enforcement agencies or to meet national or other security requirements; (f) to protect the security or integrity of our Website, Products, Services, or Mobile App; or, (g) exercise or protect the rights, property, or personal safety of us, our users or others. We will attempt to notify you, where practicable, about these requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of harm to an individual or group, or create or increase a risk of acts of fraud done upon us or our users. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that user about the request after the fact if we determine in good faith that we are no longer legally prohibited from doing so and that no risk scenarios described in this paragraph apply.

3. COOKIE NOTICE; USE OF OTHER AUTOMATIC DATA COLLECTION TECHNOLOGIES 

H Mart uses cookies and similar technologies to operate and provide our Services to allow you to navigate between pages efficiently, record member settings, and improve user experience across our Services.  We also use cookies in connection with our Services to help recognize user devices and stated user preferences.  Below is some general information about cookies, as well as more specific information about the types of cookies and other tracking technologies that H Mart may use.

GENERAL INFORMATION ABOUT COOKIES 

Cookies are files containing small amounts of information which are downloaded to your device when you visit a website.  Cookies can be retrieved and sent back to the originating web domain on your subsequent visits to that website.  Session cookies are deleted automatically when you close your browser, while persistent cookies may remain on your device after the browser is closed (for example to reference your user preferences when you return to the same site).  Most web pages contain elements from multiple web domains, so, when you visit the website, your browser may receive cookies from several sources.

“Local Shared Objects,” or “flash cookies,” are also data files that can be stored on your computer when you visit websites.  These are similar to browser cookies, but can store data more complex than simple text.  By themselves, they cannot do anything to or with the data on your device.  Like other cookies, Local Shared Objects can only access personal information that you have provided to us, and cannot be accessed by other websites.

WHAT TYPES OF COOKIES DOES H MART USE?

Strictly Necessary (or “Essential”) Cookies

These cookies are essential in order to operate our Services and to enable you to move around H Mart’s website and use its features.  Without these cookies, certain services you have asked for, such as navigating between pages or accessing your member account page, or shopping carts, cannot be provided.

Performance Cookies

Performance cookies collect information on the use of our Website, such as which pages are consulted most often. We make use of performance cookies to provide you with certain advanced website functionalities or to provide enhanced and more personal features in connection with providing our Services.  This may include storing changes you make on your member account page, such as your user name, or recognizing the platform from which you access the site.  These cookies are not used to track your browsing on other sites.

Analytics Cookies

We also use analytics cookies to analyze how our visitors use our Services and to monitor website performance.  This allows us to provide a high quality experience by customizing our offerings and quickly identifying and fixing any issues that arise.  For example, we use Google Analytics to set performance cookies on our Services, in order to keep track of customer shopping analysis and to assess which pages are most popular, which method of linking between pages is most effective, and to determine why some pages are receiving error messages.

Marketing/Tracking Cookies 

Marketing cookies are used to track visitors across websites.  H Mart uses a marketing database management program that deploys a cookie when a user interacts with a marketing communication, such as a newsletter email or a marketing-based landing page on our website.  Marketing cookies collect personal information, such as your name, which pages you visit on our website, your history arriving at our website, and your H Mart account activities.  We use marketing cookies to evaluate the effectiveness of our marketing campaigns or to provide better targeting for marketing purposes.

Functionality Cookies

Functionality cookies enable our Website to remember the choices you have made when browsing. For example, we can store your general geographic area (but not precise geolocation) in a cookie so that the Website corresponding to your geographic area is shown. We can also remember your preferences, such as the text size, font and other customizable aspects of the Website. Functionality cookies also may be able to keep track of the products or videos consulted to avoid repetition. The information collected by these cookies cannot be used to identify you and cannot monitor your browsing activity on sites which do not belong to us.

It is possible that you will come across third-party cookies on some pages of sites that are not under our control.

We also use cookies such as functionality cookies to implement tracking technology on our Website and Mobile App. This allows us to display advertising that is tailored to you on our Website, to understand which parts of our content interest you the most, and which Product or Service categories you request. This tracking uses De-Identified Personal Information data. Some of our service providers are allowed to place cookies on our Website. Those companies also may provide you with the option of preventing the use of cookies in the future. For more information, contact the relevant third-party provider.

Web Beacons

Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Pixel Tracking

In addition to using cookies, the Website may employ “pixel tracking”, a common process which may be used in connection with advertisements on other sites. Pixel tracking involves the use of pixel tags that are not visible to the user and consist of a few lines of computer code. Pixel tracking measures the effectiveness of advertisements and compiles aggregate and specific usage statistics. A “pixel tag” is an invisible tag placed on certain pages of websites that is used to track an individual user’s activity. We may access these pixel tags to identify activity and interests that may allow us to better match our Products, Services, and offers with your interests and needs. For example, if you visit our Website from an advertisement on another website, the pixel tag will allow the advertiser to track that its advertisement brought you to the Website. If you visit our Website, and we link you to another website, we also may be able to determine that you were sent to and/or transacted with a third-party website. This data is collected for use in our marketing, research, and other activities.

GIF. We may use tiny images known as clear GIFs to track behavior of users, including statistics on who opens our emails.

IP Address. Our servers (or those of our service providers) automatically record certain log file information reported from your browser when you access the Website. These server logs may include information such as which pages of the Website you visited, your internet protocol (“IP”) address, browser type, and other information on how you interact with the Website. These log files are generally deleted periodically.

Transmitting Personal Information from our Website.

GPC Signal. We respond to the Global Privacy Control (“GPC”) signal. The GPC signal is a browser-level signal that can reflect the desire to opt-out of having personal information shared or sold. Some browsers allow transmission of GPC signal. By broadcasting this signal, We will not transmit your Personal Information to third parties who perform analytics services or who advertise to you based on this information. Please note that when your browser broadcasts the GPC signal, we will limit the functionality of our Website and prevent the Website from transmitting your Personal Information to third parties. We will also treat this GPC signal as a verified request to stop selling your Personal Information and stop processing your information for purposes of targeted advertising. However, the GPC signal does not fully identify you by name or email address. Therefore, we may not be able to honor this request for other interactions you may have or have had with us. You may also submit an opt-out privacy request with your email, phone number and other Personal Information for us to complete the opt-out process.

            Google AdSense Advertising. We use Google AdSense Advertising (or other search engine or display network advertising) on our website. Google’s advertising requirements and principles are available here. They are put in place to provide a positive experience for users. We have implemented the following: (a) Remarketing with Google AdSense and (b) Google Display Network Impression Reporting.

            Google DART Cookie. Google, as a third-party vendor, uses cookies to serve ads on our Website. Google’s use of the DART cookie enables it to serve ads to our users based on previous visits to our Website and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.

We, along with third-party vendors such as Google, may use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our Website.

            Google DoubleClick Cookie. We may work with DoubleClick Cookie Google, a third-party vendor, which uses cookies to serve ads on our Website. Google’s use of the DoubleClick cookie enables it and its partners to serve ads to our users based on their visit to our Website or other websites on the Internet. You may opt out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings web page here.

            Google Maps/Google Earth. We use Google Maps (including the Google Maps API(s)) and/or Google Earth, which may, among other things, request access to your geolocation, and both of which are subject to their own terms of use and privacy policy.

            Google reCAPTCHA. We use Google reCAPTCHA, which identifies bots by collecting hardware and software information and sending that data to Google for analysis. More about Google reCAPTCHA is available here.

YOUR CHOICES 

You have choices on how we use cookies and similar technologies, as further described in Section 5 below.  Please note that if you disable certain cookies, certain Website functionalities and features may no longer be accessible and other Services may not be personalized to you.  Below are some ways that you may be able to disable certain cookies or adjust your cookie settings

Browser Controls 

You may adjust your browser setting to disable certain cookies by following the instructions for your browser as explained  here.  The “Help” or “Preferences” menu on most Internet browsers contains information on how to disable cookies, or see the information available here.  As described above, some of our Services may not function properly if certain cookies are disabled.  

Do Not Track.  Most browsers also have a setting for Do Not Track (DNT) signals.  DNT is a mechanism for allowing Internet users to control the tracking of their online activities across websites through their browser settings.  At this time, H Mart does not respond to DNT signals.

Mobile Device Controls 

You may also be able to adjust your cookie settings on your mobile device.  Some mobile device operating systems, such as Android and iOS, allow users to opt out of mobile advertising IDs for ads personalization.  For more information on controlling your mobile cookie choices, please visit the Apple privacy control page here for iOS devices and here for Android devices. 

4. DATA RETENTION 

We retain your personal information for as long as necessary to fulfill the purpose(s) for which the information was collected, depending on the purpose(s) for which the information was collected, the nature of the information, any contractual relationship that may govern the retention of the information, and our legal or regulatory obligations.  If you request deletion of your H Mart member account, we will terminate your access to our Services.  We will further destroy or choose to further retain personal information in de-identified or aggregated form, in accordance with applicable law. We will also retain Usage Data for analytics purposes. “Usage Data” refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Following termination or deactivation of your user account, we may retain your profile information and all information posted to public areas of the Website. Following termination or deactivation of your user account, we may retain your Personal Information and other data, but will maintain it as confidential according to the Terms, this Privacy Notice, and as required by applicable law. We have the right to delete all of your Personal Information and other data after termination of your user account without notice to you

HOW WE PROTECT YOUR INFORMATION 

H Mart maintains reasonable and appropriate administrative, technical and physical safeguards to protect the information we maintain against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure, or use.  For example, HMart.com is secured by the Secure Sockets Layer (SSL) technology to encrypt and protect information transmitted over the Internet.  We also regularly monitor our systems for possible vulnerabilities and attacks.  However, no system is 100% secure.  We cannot warrant the security of any information that you send us, and we cannot guarantee that your personal information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

5. YOUR CHOICES 

Depending on which state you reside in, you may have rights about how your personal information is processed, including the right to access or delete it. 

To exercise your rights, please see Section 7 (How to Contact Us) below.

Please be advised that for each request, we are also required to verify each requester’s identity, including authorized agents.  We may deny a request for access, deletion, or modification, if we are unable to verify the requester with a reasonable degree of certainty.  If your request is denied, we will notify you of the reasons for the rejection. 

PRIVACY NOTICE FOR RESIDENTS OF CALIFORNIA AND CERTAIN OTHER STATES

If you are a California resident (occasionally referred to below as “Consumer”), the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (together, “CPRA”) provides Consumers with additional rights regarding our use of your Personal Information. For purposes of this section the term Personal Information means “personal information” as defined under CPRA or under the privacy law statute (if any) of the state in which you reside.

California and certain other states provide consumers with specific data privacy rights which are summarized in the table below.

Right	Description of Right	California	Colorado	Connecticut	Utah	Virginia
Access	Right to access a copy of your Personal Information held by us right to know what personal information has been collected, from where, and why,	Yes, other than trade secrets	Yes, other than trade secrets	Yes, other than trade secrets	Yes	Yes
Correction	Right to have inaccuracies in your Personal Information to be corrected	Yes	Yes	Yes	No	Yes
Deletion	Right to request deletion of your Personal Information held by us	Yes, of consumer-provided data only	Yes	Yes	Yes, of consumer-provided data only	Yes
Opt out of sale or sharing	Right to request information about the categories of Personal Information we sell or share (if any) and data we share with third parties (the foregoing of which is described above in this Privacy Notice)	Yes	Yes	Yes	Yes	Yes
Opt out of targeted advertising	Right to opt-out of the use of automated decision-making technology, including profiling	Yes	Yes	Yes	Yes	Yes
Opt out of profiling	Right to opt-out of our use of profiles	Yes	yes	Yes	No	Yes
Limit use and disclosure of sensitive Personal Information	Right to limit our use of sensitive Personal Information we collect (if any) to what is necessary to perform the services or provide the goods reasonably expected by an average consumer	Yes	Yes	Yes	Yes	No
Data portability	Right to transmit your Personal Information to another business	Yes	Yes	Yes	Yes, for consumer-provided data only	Yes, for consumer-provided data only
Nondiscrimination	We will not discriminate against you simply for your exercising any of your rights	Yes		No		Yes
Appeal	Right to appeal our decision (if we decline to honor your request; likely due to an exception in the law)	No	Yes	No	No	Yes

 

Sale or Sharing of Personal Information

In the preceding twelve months, H Mart and its affiliates may have sold (for consideration) to or shared (for cross-context behavioral advertising) with data aggregators (e.g., to obtain information to fill in gaps in our database), advertising and marketing companies, and/or data analytics providers the following categories of Personal Information:

• Identifiers
• Email addresses
• California customer records personal information categories
• Protected classification characteristics under applicable state or federal law
• Commercial information
• Internet or other similar network activity
• Geolocation data
• Inferences drawn from other personal information

Our use of cookies and other website tracking technologies may be considered a sale or sharing of Personal Information under the CPRA, in which case the categories of Personal Information that we have sold or shared under the CPRA include identifiers (e.g., IP addresses) and internet or other similar network activity.

SUBMITTING A DATA ACCESS REQUEST

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by: using our webform available here, submitting a form in person, emailing us, calling us toll-free or by mailing a request to us (see our contact information in Section 7 below). Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable Consumer request related to your Personal Information. You also may make a verifiable Consumer request on behalf of your minor child. You may only make a verifiable Consumer request for access or data portability twice within a 12-month period. The verifiable Consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable Consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable Consumer request to verify the requestor's identity or authority to make the request. Please note that our compliance with your request may be subject to certain exceptions or limitations under applicable law.

WITHDRAWING CONSENT AND OTHER GENERAL OBJECTIONS 

To the extent provided by applicable law, you may withdraw any consent you previously provided to us, or object at any time on legitimate grounds, to the processing of your Personal Information. In some circumstances, withdrawing your consent to H Mart’s use or disclosure of your Personal Information may mean that H Mart will not be able to provide products or services to you or otherwise engage with you. 

In some cases where your Personal Information is accessible through an online portal or platform, such as our customer login page for individuals with member accounts, you may be able to directly exercise these rights by following the instructions on the portal or platform. These include updates to your communication preferences, which lets you unsubscribe from receiving marketing or other commercial emails from H Mart. However, even if you opt out of receiving such communications, we retain the right to send you non-marketing communications, such as information about material changes to our Services, notifications about your membership, legal-related notices, etc.

DO NOT SELL MY PERSONAL INFORMATION 

California residents and those of certain other states may opt out of the sale or sharing of their Personal Information, unless an exemption applies. In order to submit such as a request, please visit our Do Not Sell My Personal Information page. You may also submit a request by contacting our Customer Service Center at the contact information provided above in this Section 5.

Where permitted under applicable law (e.g., Virginia and Colorado), you may appeal our denial of your request if you feel we have made a mistake. To submit an appeal, please use the same method of contact that you used to submit your request.

For Virginia Residents Only: If we deny your request, you may appeal our decision by submitting an appeal request. Please refer to the communication you received from us denying your request for additional information you may need to provide in making you appeal request. Within sixty (60) days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to your appeal. If the appeal is denied, you may contact the Virginia Attorney General (by email: mailoag@oag.state.va.us, or phone: 804-786-2071) to submit a complaint.

For Colorado Residents Only: If we deny your request, you may appeal our decision by submitting an appeal request. Please refer to the communication you received from us denying your request for additional information you may need to provide in making you appeal request. Within forty-five (45) days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to your appeal. If the appeal is denied, you may file a complaint with the Colorado Attorney General using their webform available at https://coag.gov/file-complaint/.

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

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

6. UPDATES TO OUR PRIVACY NOTICE

As laws, regulations, industry standards, and our policies evolve, H Mart may make changes to this Privacy Notice from time to time.  When we update this Privacy Notice, we will post the changes on our Website and it will be effective on the date posted.  We encourage you to review our Privacy Notice to stay informed. 

7. HOW TO CONTACT US 

You may contact us with questions, comments, or complaints about this Privacy Notice or our data practices, or to exercise your privacy rights.  Our contact information is as follows:

[Local store]

Phone: 877-427-7386

Email: customer_care@hmart.com

 

[Online store-hmart.com]

Phone: 800-648-0980

Email: support_online@hmart.com