Ni Market Privacy Policy

Effective Date: October 26, 2024

This Privacy Policy describes how Ni Market, formerly known as Indochina Market (Chợ Đông Dương), and its affiliates (“Ni Market,” “we,” “us,” or “our”) collect, use, share, and protect your personal information when you use our services. By using our services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy.

The terms used in this policy carry the meanings assigned to them by the Colorado Privacy Act (CPA), where applicable. Key terms include:

• Personal Data: Information that is linked or reasonably linkable to an identified or identifiable individual.
• Controller: The entity that determines the purposes and means of processing personal data. For the purposes of this policy, Ni Market is the Controller.
• Processor: An entity that processes personal data on behalf of a Controller.
• Services: Collectively refers to the Ni Market website, our mobile application (“App”), our customer loyalty program, and any other online or offline services where this policy is posted or referenced.

Our Commitment to Your Privacy

For over 25 years, Ni Market has been a cornerstone of Denver’s Asian community, built on a foundation of trust and a commitment to quality. This commitment extends to protecting your privacy. We believe that transparency is essential for building and maintaining your trust. This policy is designed to provide you with a clear and comprehensive understanding of our data practices—what information we collect, why we collect it, and how you can control it.1

This Privacy Policy applies to all personal data we collect through our various channels, including:

• Our website and mobile application (our “Online Services”).
• Your in-store interactions that are linked to your account or our loyalty program, such as when you provide your phone number at checkout.
• Your direct communications with us, whether by email, phone, or mail.

We collect your personal information to enhance your shopping experience, from simplifying online ordering and home delivery to offering personalized discounts and rewards through our loyalty program.3 We are dedicated to handling your information with the utmost respect and in strict compliance with applicable privacy laws, including the Colorado Privacy Act (CPA).

The Information We Collect and How We Collect It

To provide our Services effectively, we collect information from various sources. The CPA requires us to be transparent about the categories of personal data we collect and the purposes for which we use it. This section details the types of information we gather, organized by how we obtain it.

Information You Provide Directly to Us

We collect personal data that you voluntarily provide when you interact with our Services. This includes:

• Account Registration and Order Placement: When you create an account, place an order for retail or wholesale, or sign up for our services, we collect identifiers such as your full name, email address, phone number, and physical shipping or billing address.
• Payment Information: To process your purchases, we collect payment details, such as credit or debit card information. This information is collected and processed directly by our secure, third-party payment processors. Ni Market does not store your full payment card numbers on our servers, a critical measure to protect your financial data.
• Loyalty Program Enrollment: When you join our Loyalty Rewards Program, we collect your phone number. This number serves as your unique identifier, allowing us to link your in-store and online purchases to provide you with points and personalized offers. This creates a unified customer profile, enabling a seamless shopping experience across all our platforms.
• Communications with Us: When you contact our customer service team by phone at (720) 978-2199 or by email at [email protected], we collect the information you provide in your communications, including your contact details and the content of your inquiry, to respond to your request effectively.
• User-Generated Content: If you choose to post product reviews, comments, or other content on our Online Services, we will collect that information. Please be aware that any personal data you include in these public posts may be viewed, collected, and used by others.

Information We Collect Automatically

When you access our Online Services, we use various technologies to automatically collect certain information about your device and your interaction with our platform.

• Device and Usage Information: We collect technical information such as your Internet Protocol (IP) address, browser type and version, operating system, and unique device identifiers (e.g., Apple’s IDFA or Android’s Advertising ID). We also gather data about your activity on our Services, such as the pages you visit, the products you view, items you add to your cart, and the links you click.
• Cookies and Other Tracking Technologies: We use cookies, web beacons (pixels), and similar technologies to collect information. Cookies are small text files stored on your device that help us operate our site and enhance your experience.8 These technologies serve several purposes:

• Essential Cookies: These are necessary for the basic functionality of our Services, such as keeping you logged into your account or remembering the items in your shopping cart.
• Performance and Analytics Cookies: These help us understand how you and other visitors use our Services, allowing us to analyze performance, fix issues, and improve our offerings.
• Advertising and Targeting Cookies: We and our third-party partners use these cookies to deliver advertisements that are more relevant to your interests, both on our Services and on other websites. This practice, known as targeted advertising, is a form of data processing you can opt out of under the CPA.

• General Location Information: We may infer your general geographic location from your IP address. This helps us customize your experience, for example, by showing you information relevant to our Denver store. We do not collect precise geolocation data without your explicit consent.

Information We May Receive from Third Parties

We may occasionally receive information about you from third-party sources, such as data analytics providers or marketing partners, to supplement the information we have collected. This helps us to better understand our customers and to personalize our marketing efforts.

Summary of Personal Information Processing

The following table provides a summary of the categories of personal data we collect, our purposes for using it, and the categories of third parties with whom we may share it, as required by the Colorado Privacy Act.

How and Why We Use Your Information

Under the Colorado Privacy Act, we have a duty of “purpose specification,” meaning we must be clear about why we collect and process your personal data.14 We are also obligated to avoid using your data for “secondary uses” that are not compatible with the original purpose without your consent.11 Our use of your information is strictly limited to the purposes outlined below.

To Provide and Manage Our Services

This is the primary reason we collect your data. These activities are essential for our core business operations.

• Order Fulfillment: Processing and fulfilling your orders for both retail and wholesale customers, including managing inventory and preparing items for pickup or delivery.
• Account and Loyalty Program Management: Creating and maintaining your account, managing your loyalty points, and providing you with associated benefits.
• Payment Processing: Securely processing your payments for goods and services and preventing transactional fraud.
• Shipping and Delivery: Coordinating with our delivery partners to ensure your orders reach you correctly and on time.

To Communicate With You

We use your contact information to maintain a line of communication regarding your transactions and our Services.

• Transactional Communications: Sending you essential updates such as order confirmations, shipping notifications, and password reset instructions.
• Customer Support: Responding to your inquiries, requests, and feedback to provide assistance and resolve issues.
• Policy Updates: Notifying you of material changes to our Terms of Service or this Privacy Policy.

For Marketing, Advertising, and Personalization

We use your data to make your shopping experience more relevant and to inform you about products and offers you might find valuable. These uses are considered secondary, and you have control over them through opt-out choices.

• Promotional Communications: With your permission, sending you promotional emails, text messages, or push notifications about new products, exclusive online discounts, and special events like our holiday flash sales. You can opt out of these communications at any time.
• Personalization: Using your past purchases and browsing history to personalize the content and product recommendations you see on our Online Services.
• Targeted Advertising: Engaging in “Targeted Advertising” as defined by the CPA. This involves using data collected on our Services to show you relevant Ni Market ads on other websites and platforms. This activity is subject to your right to opt out.

For Business Analytics and Improvement

To ensure we continue to meet the needs of our community, we analyze data to improve our business.

• Service Enhancement: Analyzing how you use our website and App to identify areas for improvement, enhance user experience, and optimize our product selection.
• Market Research: Conducting internal research and data analysis to understand customer trends and inform our business strategy.

For Security and Legal Compliance

We have a responsibility to protect our customers, our business, and to comply with the law.

• Security: Protecting the security and integrity of our Services, preventing fraud, and investigating potential threats or misconduct.
• Legal Obligations: Complying with applicable laws, regulations, subpoenas, court orders, or other legal processes.

How We Share and Disclose Your Information

We do not share your personal information with third parties except in the circumstances described below. The CPA requires us to disclose the categories of third parties with whom we share data.

With Service Providers and Business Partners

We engage third-party companies and individuals to perform services on our behalf. These service providers only have access to the personal information needed to perform their functions.

• Categories of Service Providers:

• Payment Processors: To securely process your payments.
• Delivery and Logistics Partners: To ship and deliver your orders.
• Technology and Cloud Hosting Providers: To host our website and App and to provide data storage and other IT infrastructure.
• Marketing and Advertising Partners: To assist with email campaigns, data analytics, and the delivery of targeted advertising.

• We maintain written contracts with our service providers that require them to protect the confidentiality and security of your data and restrict them from using it for any purpose other than providing services to us. This is a mandatory requirement under the CPA.

In Connection with a Business Transfer

If Ni Market is involved in a merger, acquisition, divestiture, or sale of all or a portion of its assets, your personal information may be transferred as part of that transaction. We will notify you of any such change in ownership or control of your personal information.

For Legal Reasons and to Protect Rights

We may disclose your information if we believe in good faith that it is necessary to:

• Comply with a legal obligation, such as a subpoena or court order.
• Protect and defend the rights, property, or safety of Ni Market, our customers, or the public.
• Prevent or investigate possible wrongdoing in connection with the Services.

Regarding the “Sale” of Personal Information

The Colorado Privacy Act defines a “sale” very broadly as “the exchange of personal data for monetary or other valuable consideration by a controller to a third party”.6 Under this definition, some of our data sharing activities, particularly those related to sharing information with advertising partners for targeted advertising, may be considered a “sale.” We do not sell your personal information for money in the traditional sense. However, you have the absolute right to opt out of these data-sharing “sales,” as detailed in the next section.

Your Colorado Privacy Rights and Choices

If you are a Colorado resident, the Colorado Privacy Act (CPA) provides you with specific rights regarding your personal data. Ni Market is committed to honoring these rights and providing you with accessible tools to exercise them.2

Your Rights Under the Colorado Privacy Act

The CPA grants you the following rights:

• The Right to Access: You have the right to confirm whether we are processing your personal data and to access that data.
• The Right to Correction: You have the right to correct inaccuracies in your personal data, taking into account the nature of the data and the purposes of the processing.
• The Right to Deletion: You have the right to request the deletion of your personal data. Please note that this right is subject to certain exceptions. For instance, we may need to retain certain information to complete the transaction for which the data was collected, comply with our legal obligations (such as for tax and accounting purposes), or to detect security incidents. This is particularly relevant for our wholesale customers, as we must maintain transactional records for business and legal reasons.
• The Right to Data Portability: You have the right to obtain a copy of your personal data in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance.
• The Right to Opt-Out: You have the right to opt out of the processing of your personal data for purposes of: 

(i) targeted advertising; 

(ii) the “sale” of personal data;

or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.

How to Exercise Your Rights

To exercise any of the rights described above, please send us a consumer verification request by emailing us at [email protected] or contacting our hotline directly at (720) 978-2199

To protect your privacy and security, we will take reasonable steps to verify your identity before processing your request. This verification process may require you to provide information that we can match with the information we have on file for you, such as your name, email address, and phone number associated with your account. You will not be required to create a new account to submit a request.11

We will respond to your request within 45 days of receipt. If we need more time (up to an additional 45 days), we will inform you of the reason and the extension period in writing.

Exercising Your Right to Opt-Out

You can opt out of the “sale” of your personal data and targeted advertising at any time.

• Privacy Choices Link: Click the “Your Privacy Choices” link in the footer of our website. This will take you to a settings page where you can easily manage your preferences and opt out.
• Universal Opt-Out Mechanism (UOOM): We are committed to honoring opt-out preference signals sent via a Universal Opt-Out Mechanism, such as the Global Privacy Control (GPC). If we detect a GPC signal from your browser, we will automatically treat it as a valid request to opt out of the “sale” or sharing of your data for targeted advertising for that browser.

Processing of Sensitive Data

The CPA provides special protections for “Sensitive Data,” which includes personal data revealing racial or ethnic origin, religious beliefs, a mental or physical health condition or diagnosis, sex life or sexual orientation, or citizenship status. We do not process your sensitive personal data without first obtaining your explicit, opt-in consent. 

For example, while you may purchase products like traditional medicinal herbs (thuốc bắc), we will not use that purchase information for secondary purposes, such as inferring a health condition for targeted advertising, without your express permission.

The Right to Appeal

If we deny your request to exercise a right, we will provide you with an explanation for our decision. You have the right to appeal our denial. The notification of denial will include instructions on how to submit an appeal. If your appeal is also denied, we will provide you with information on how to contact the Colorado Attorney General’s Office to submit a complaint.

Data Security and Retention

Our Security Measures

We have a duty of care to protect your personal data. We implement and maintain reasonable administrative, technical, and physical security measures designed to protect the information we collect from unauthorized access, use, disclosure, alteration, or destruction. These measures include practices like data encryption and access controls. However, no security system is impenetrable, and we cannot guarantee the absolute security of your information.

Data Retention

We retain your personal information only for as long as is necessary to fulfill the purposes for which it was collected. This includes providing you with our Services, managing our business operations, complying with our legal and regulatory obligations (e.g., for tax and financial record-keeping), resolving disputes, and enforcing our agreements.

Children’s Privacy

Our Services are intended for a general audience and are not directed to or intended for use by children under the age of 13. We do not knowingly collect personal information from children under 13 in compliance with the Children’s Online Privacy Protection Act (COPPA). If we become aware that we have inadvertently collected personal information from a child under 13 without verifiable parental consent, we will take steps to delete that information as soon as possible. If you are a parent or guardian and believe that your child has provided us with personal information, please contact us at: [email protected] to request its deletion.

Updates to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. If we make material changes, we will provide you with notice by posting the updated policy on our website and updating the “Effective Date” at the top of this page. We encourage you to review this policy periodically to stay informed about our data practices.8

How to Contact Us

If you have any questions, comments, or concerns about this Privacy Policy or our privacy practices, or if you wish to exercise your rights, please do not hesitate to contact us.

• Email: [email protected]
• Phone: (720) 978-2199
• Address: 1045 South Federal Boulevard, Denver, Colorado 80219