Privacy Policy

The Kroger® Wellness Festival (“the Festival”) is produced by Advantage Sales & Marketing LLC d/b/a Advantage Solutions, and Personal Information (defined below) provided by you, directly or indirectly, as part of the Festival, is provided to Advantage Sales & Marketing LLC d/b/a Advantage Solutions, and our affiliates and related companies (collectively, “Advantage” or “we,” “our,” or “us”) and will be shared with Kroger. For more information about the privacy practices at Kroger, please review Kroger’s privacy notices and policies. We understand that you care how your Personal Information (defined below) is collected, used, and shared. This Privacy Policy describes what kind of Personal Information we may collect about you directly or indirectly; how and why we collect, use, and share your information; and the choices and rights you have with respect to your information, all in connection with the Festival (collectively, our “Privacy Practices”).

Scope

This Privacy Policy applies to the Personal Information we collect on-line and off-line as part of your interaction with the Festival only, including information provided as part of the registration process and information you may share in correspondence about matters related to the Festival, before during or after the event, or information provided on this website.

Participation in the Festival is voluntary. Some Personal Information is collected automatically when you interact you visit the Festival website. In other cases, you may be asked to provide or consent to the collection of certain types of Personal Information.

Please note, unless otherwise stated, this Privacy Policy does not apply to the following: The privacy practices of Kroger, or other third parties participating in the Festival; hotels, venues, hotels, or third-party suppliers providing goods or services to the you or the Festival such as Eventbrite; sponsors, registrants, or attendees of the Festival. We are not responsible for the privacy practices of Kroger or other third parties previously described. We encourage you to be aware when privacy policies of these third parties applies, to understand their privacy practices.

Personal Information We Collect

Personal Information means information defined as personal information by the laws of the United States. In general, personal information identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. Personal Information does not include publicly available lawfully obtained information, deidentified, or aggregated information or, truthful information that is a matter of public concern.

Categories of personal information we may collect:

• Identifying Information:

  • Your contact information, such as your first and last name, phone number, email address, and postal address, and that of others you provide to us (e.g., other contacts in your business).

• Sensitive Personal Information and other Protected Characteristics

  • Registration information for the Festival, including username or password, if appliable.

  • Biographical or demographic information, such as your date of birth, age, gender, you may provide to us.

• Internet or Electronic Network Activity Information

  • Usage, technical and device information when you visit our Sites or open emails we send, including browser or device information, unique device identifier, URL that referred you to our Site or Services, and IP address.

  • Activity information about your use of our Sites and Services, such as your preferences and how often you use the Site or Services.

• Commercial Information

  • Information about your company or employer and goods and services provided by your company.

• Audio, video, or photographic

  • Audio, video, or photographic information provided by you or produced during the Festival.

• Professional and Employment Related Information

  • Certain biographic information such as employer and job title/position.

• Inferences drawn from any type of personal information used for improvement of future events, including market segmentation, and geographic reach of the event(s)

• Social Media

  • Information about you obtained directly or indirectly through your use of social media in relation to the Festival.

• Geolocation information

  • If there is technology used for the Festival which collects geolocation information from mobile applications, we may collect your location information derived from this information or from beacon technologies (as described below), where permitted by law to do so.

Cookies and Other Tracking Technologies

We may use cookies and other methods and technologies to store or collect information (referred to herein as “Tracking Technologies”), including when you visit this site or use technologies provided by us as part of the Festival. These Tracking Technologies are to enable the Site to run as expected. They do not collect any Personal Information nor is any information collected for targeted marketing purposes.

Personal Information from Third Party Sources

We may obtain Personal Information about you from third-party sources, such as vendors who help us update or supplement information previously collected about you or to validate postal or email addresses; our affiliates and subsidiaries; lead generation partners; and other trusted promotional and joint marketing partners.

Why We Collect Your Information

We may use your Personal Information for the following business and commercial purposes:

• Communicate with you about the Festival, including important event updates.

• Provide you with requested services.

• Operate, understand, optimize, develop, or improve the Festival or future events and related Advantage operations, including tailoring offerings to your interests.

• Establish and verify the identity of registrants and attendees to the Festival.

• Open, maintain and administer accounts you open through services, if applicable.

• Send you email or SMS/text marketing messages, where you have signed up to receive them.

• Respond to your questions, inquiries, comments, complaints, or other communications you send to us.

• Provide you with information about new opportunities, and related communications.

• Ensure compliance with relevant legal and regulatory obligations.

• Maintain the security and integrity of systems, and

• Detect, investigate, and prevent fraudulent activities or other actions that may violate our policies or be illegal.

Access to and Sharing of Your Information

This section outlines how we may disclose and/or grant access to your Personal Information.

Within Advantage, we limit the access to your Personal Information to those to those Advantage employees who need to access such information to fulfill their assigned job responsibilities. Subject to applicable law, we may share your Personal Information with our Affiliates to the extent reasonably necessary to accomplish specified lawful objectives.

Personal Information shared with Third Parties
In addition, we may disclose your Personal Information:

• To Kroger or other applicable sponsors of the Festival.

• To certain service providers of Kroger involved in producing the Festival, including Andieno.

• When you direct us to disclose your Personal Information or interact with third parties

  • When you request that we share your Personal Information with other companies so they can send you information, offers and/or promotions about their products and services, or when you interact with third parties through our Sites or Services, such as social media sites. Please note we are not responsible for the privacy practices of these third parties, and we encourage you to review their privacy policies and practices before requesting information from or otherwise interacting with them.

• Service providers and contractors

  • When we use third-party service providers to perform services on our behalf, such as hosting and analytics providers, consulting services, auditors, and other providers; however, these companies are prohibited from using your Personal Information for purposes other than those requested by us or required by law.

• Advertising and analytics providers

  • We participate in advertising networks administered by third parties that track your online activities over time and across third party websites by using, among other things, Tracking Technologies, to serve you targeted advertising. We also use Google Analytics and other analytics services providers to gain a better understanding of the utilization of our Sites and Services and the interests of our visitors or the effectiveness of our marketing efforts. Some of our uses of such services where we disclose your Personal Information to such advertising and analytics providers may be considered a ‘sale’ or ‘sharing’ of Personal Information under California Privacy Laws (as such term is defined below), even if we do not receive any financial compensation from such third parties in exchange.

• Business Transfers

  • In connection with the sale of one of our businesses or its assets or other events where a change in the control over Advantage or any of its Affiliates takes place or is contemplated, such a merger, consolidation, restructuring, bankruptcy, the sale of substantially all of our interests and/or assets or other corporate change, including during the course of any due diligence process.

• To protect our rights, and comply with legal obligations

  • To enforce our Terms of Use or policies, to ensure the safety and security of visitors to our Sites and users of our Services, to protect our rights and property and the rights and property of others, to comply with court orders, subpoenas and legal processes, access requests by law enforcement and other government agencies and in other cases if we believe in good faith that disclosure is required by law.

Your Personal Information Rights and Choices

Unsubscribe from marketing communications
If you would like to stop receiving newsletters or other marketing or promotional messages, notifications, or updates from us, you may do so by following the unsubscribe instructions that appear in those communications, or by contacting us at corp.comm@advantagesolutions.net to opt-out of marketing emails. Please be advised that you may not be able to opt-out of receiving certain service or transactional messages from us, including legal notices. To opt out of marketing emails by other third parties associated with the Festival, please contact the relevant third party or follow the instructions to unsubscribe in those communications.

How to exercise your personal information rights
To exercise your rights, you may contact us through our PRIVACY PORTAL or using other contact information provided in this Privacy Policy. To protect the integrity, security, and confidentiality of Personal Information or to comply with legal requirements we will take steps to verify your identity prior to responding to your request.

Individuals in certain jurisdictions may have certain rights under applicable privacy laws. Rights specific to California and Nevada residents are described below. Subject to applicable law, you may have the right to request access to, modification or correction of, or deletion of your Personal Information, and information on how it has been used or disclosed. For example, if you are a resident of Canada, you may be able to request access to and/or correction of your Personal Information.

California Residents

This section applies only to California residents, as defined in the California Consumer Privacy Act (“CCPA”), as amended, among others, by the California Privacy Rights Act (“CPRA”), collectively, hereafter, the “California Privacy Laws”).

Your Rights Under the California Privacy Laws

If you are a California resident, you have the following rights with respect to your Personal Information:

• Right to Know. You have the right to request, up to two times each year, the categories and/or specific pieces of Personal Information about you that we collect, use, disclose and sell/share, as applicable, and subject to applicable legal exceptions.

• Right to Delete. You have the right to request that we delete Personal Information that we collect from you, subject to applicable legal exceptions.

• Right to Correct Inaccurate Personal Information. You have the right to request that we correct any inaccurate Personal Information that we have about you, subject to certain exceptions.

• Right to Opt Out of the “Sale” and/or “Sharing” of Personal Information. You have the right to opt out of the “sale” and/or “sharing” of your Personal Information to “third parties,” as those terms are defined in the California Privacy Laws.

• Right to Limit Use and Disclosure of Sensitive Personal Information. You have the right to request that we limit the use and disclosure of Sensitive Personal Information, as that term is defined in the California Privacy Laws, to certain authorized uses. To the extent we collect your Sensitive Personal Information, as it relates to the Sites and Services to which this Privacy Policy applies, we only use your Sensitive Personal Information in ways that do not give rise to the consumers right to limit the use and disclosure of Sensitive Personal Information.

• Right to Non-discrimination. You have the right not to receive discriminatory treatment by us for the exercise of your rights under California Privacy Laws.

California residents also have the right under the Shine the Light Act to request and receive certain information about the disclosure of Personal Information to third parties for their own direct marketing use, and options with respect to such disclosures. We do not share your Personal Information that we collected directly from you with third parties for their direct marketing purposes unless we have first given you the choice to consent or withhold consent to such sharing. Because we, as it relates to the Sites and Services to which this Privacy Policy applies, do not share your Personal Information with third parties for their direct marketing use without your consent, these requirements are not applicable.

You can submit a request to exercise your rights under the California Privacy Laws above through our PRIVACY PORTAL (click the link to access) or by calling us, toll free, at 1-888-651-2032.

We are required to verify your request before we can give you access to, allow for the correction of, or delete your Personal Information. We will verify your identity by matching information you provide with your request with information in our systems; and, for requests submitted through our Privacy Portal, by requiring you to respond to an automated email to verify your email address to ensure that you have continuing access to the email account you used in conjunction with your privacy request.

In general, we will ask you to provide the following information in connection with your request: first and last name, email address, state and country of residence, and the nature of your relationship with Advantage and information likely only know to you based on your transactional history with us. We may also request additional documentation or information solely for the purpose of verifying your identity. If we are unable to verify your request with the requisite degree of certainty, we are legally prohibited from acting on your request. We will acknowledge your request within ten days after receiving it and, if we are able to verify your request, we will respond to your request within 45 days. If we need more time to complete your request, we will inform you about the reason and our estimate as to the additional time needed to complete your request.

You may also authorize someone else to exercise these rights on your behalf. When a third party submits a request on your behalf, they must indicate in our Privacy Portal or on the phone that they are an authorized agent, and supply us with evidence of such authorization; we will not fulfill any request submitted by a third party related to your Personal Information until we have received confirmation that you authorized such third party to submit a request on your behalf.

Please note that your exercise of these rights is subject to certain exemptions and exclusions, and your requests may be granted in whole, in part, or not at all, depending on the scope and nature of the request and applicable law. Where required by applicable law, we will notify you if we reject any part of your request and the reason(s) we are unable to honor it.

Nevada Residents

Nevada residents have the right to request to opt out of any “sale” of their personal information under Nevada SB 220. We do not sell your personal information under Nevada law therefore, this right is not applicable to the Festival.

Visitors from Outside the United States

Our Site and Services are operated in the United States. If you are located outside of the United States, please be advised that information we collect, including Personal Information, may be transferred to, and processed, stored and used, in the United States, and that this is necessary to provide you with the information or Services you have requested, and/or perform any requested transactions. Privacy laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States subject to applicable law. By using this Site or the Services, or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information, including Personal Information, in the United States as set forth in this Privacy Policy. For more information about our policies regarding cross-border transfers of Personal Information, you may contact us through our PRIVACY PORTAL.

Children’s Privacy

We recognize the importance of children’s safety and privacy. Our Sites are general audience websites and applications and are not designed for use by children under 13 or intended to attract children under the age of 13. We do not knowingly collect or request Personal Information from children under the age of 13. If you are under the age of 13, you are not permitted to use this Site and should not send us any information about yourself. In the event we become aware we have collected Personal Information from a child under the age of 13, we will take steps to dispose of that information in accordance with the Children’s Online Privacy Protection Act and other applicable laws and regulations. If you are a parent or guardian and you believe your child under the age of 13 provided us with Personal Information without your consent, you may contact us through our PRIVACY PORTAL.

Data Security and Retention

The security, integrity and confidentiality of your Personal Information are extremely important to us. We have implemented technical and organizational safeguards designed to help protect and secure your Personal Information. Please be aware that, despite our best efforts, no security measures are perfect or impenetrable; and no data transmission over the Internet is guaranteed to be secure. As a result, we cannot guarantee or warranty the security of any Personal Information you provide to or from our Site or through our Services. We will retain your Personal Information for the length of time reasonably necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. Our determination of precise retention periods will be based on (i) the length of time we have an ongoing relationship with you; (ii) whether there is a legal obligation to which we are subject; and (iii) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).

Changes to this Privacy Policy

We may update this Privacy Policy from time to time. The version date of this Privacy Policy is located at the top of the page. We encourage you to review this Privacy Policy often to remain informed of how we use your Personal Information.

Contact Us

For more information about our privacy practices, or if you have a comment or question about this Privacy Policy, you can contact us via PRIVACY PORTAL or contact us by mail at

Advantage Solutions
Attn: Privacy Officer
8001 Forsyth Blvd., Suite 1025

Clayton, Missouri 63105

Effective date: April 1, 2024