fbpx
See Our Locations
(0) My Account
(0)

Terms & Privacy

Terms and Conditions

Last Updated: December 1, 2023

  1. Access and Use of The Services
    Registration and Security
    b. Limitations on Use
    c. Links to Third-Party Websites
    d. Reliance on Information Posted
  2. Conduct and Behavior
  3. Intellectual Property
  4. Your Security
  5. Disclaimer of Warranties
  6. Limitation of Liability
  7. Indemnification
  8. Our Compliance with COPPA
  9. Governing Law and Venue
  10. Severability and Waiver
  11. Changes to the Terms of Use
  12. Giveaways & Contests
  13. Contact Us
  14. Entire Agreement

Thank you for visiting the official Johnny’s Markets website.  Walters-Dimmick Petroleum, Inc. d/b/a Johnny’s Markets (“Johnny’s Markets,” we,” “us,” or “our”), oversees the website, johnnysmarkets.com (“Site”), the mobile application associated with the J+ Club rewards program (“App”), and various aspects of the underlying services (collectively, the Site, the App, and the services are referred to as “Services”).  These Terms and Conditions (“Terms”) are applicable to you (“user,” “you,” or “your”).  The Terms contained herein apply to all users of the Services.

Please read these Terms carefully before you begin using the Services.  BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING, THE SITE, THE APP, AND/OR THE SERVICES, INCLUDING THE CONTENT AVAILABLE HEREIN, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS, ALONG WITH THE TERMS OF OUR PRIVACY POLICY, AVAILABLE HERE, WHICH ARE HEREBY INCORPORATED BY REFERENCE.

Note that these Terms may be updated from time to time, and any user’s continued use of the Services after we have made updates to the terms is considered acceptance of those updates.  For clarity, all updates are effective immediately when posted.  It is your responsibility to check the Terms of Use periodically for updates.

1. Access and Use of The Services. When you use the Services, you might be required to provide your name, telephone number(s), e-mail, and/or street address, as well as and other personally identifiable information (“Personal Data”).  By providing such information, you acknowledge and agree that we may, and you specifically authorize us or permitted third parties, to process all transactions related to the Services.

a. Registration and Security.  You agree, represent, warrant, and guarantee that all Personal Data provided by you is true, accurate, complete, up-to-date, and solely yours.  You may not impersonate, imitate, or pretend to be somebody else when registering.  When you download the App and subsequently log in, you will be asked to choose a password.  You are responsible for safeguarding and maintaining the confidentiality of your password, and you agree not to disclose your password to any third party.  You will be solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions.  You must notify us immediately if you know or suspect that any unauthorized person is using your password or your account (for example, your password has been lost or stolen, someone has attempted to use the Services without your consent, or your account has been accessed without your permission).

b. Limitations on Use.  The Services may be used and accessed for lawful purposes only.  You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations, in connection with your use of the Services.  In addition, without limitation, you agree that you will not do any of the following while using or accessing the Services:

  • upload, post, e-mail, or otherwise transmit or submit any content to which you do not have the lawful right to copy, transmit, and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);
  • upload, post, e-mail, or otherwise transmit or submit any content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right, or right of publicity);
  • upload, post, e-mail, or otherwise transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful, or otherwise objectionable content or material;
  • use the Services to collect or store personal data about other users without their express permission;
  • knowingly include or use any false or inaccurate information in any profile;
  • upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes,” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Services, or interfere with the access of any other user to the Services;
  • circumvent, disable, or otherwise interfere with security-related features on the Services or features that prevent or restrict use or copying of any content;
  • attempt to probe, scan, or test the vulnerability of any system or network operated by us, or breach or impair or circumvent any security or authentication measures protecting the Services;
  • attack the Services via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Services;
  • transmit or upload any material to the Services that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;
  • attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Services;
  • use the Services in any way that competes with us; or
  • encourage, collaborate, or instruct any other person or entity to do any of the foregoing.

We reserve the right, in our sole discretion, to audit or otherwise monitor any communication transmitted using the Services.  We further always reserve the right to review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or business assessment.

ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICES, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW.  SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.

NOTWITHSTANDING THE FOREGOING, WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR USE OF THE SERVICES, OR TO RETAIN THE CONTENT ON THE SERVICES, UNLESS OTHERWISE AGREED.

c. Links to Third-Party Websites.  The Services may contain links to other websites or apps which are not maintained by us.  When you leave the Services, you do so at your own risk.  By providing a link to a third-party website, we are not endorsing or attempting to associate with any other entity.  Other websites are not under our control, and you acknowledge that we shall not be responsible for or liable for any of the text, images, videos, content, or any other content or information from a third-party website.  You also acknowledge that we shall not be responsible or liable for any damage or loss caused, or alleged to be caused by or in connection with, your reliance on any information, any good, any service, or any other material, provided through a third-party website or app.

d. Reliance on Information Posted.  We reserve the right to modify the Services in our sole discretion without notice.  We will not be liable if, for any reason, any part of the Services or the entire Services are unavailable for any period of time.  Periodically, we may restrict access to portions of the Services or the entire Services.  We may make these modifications at any time and for any reason without prior notice.  You assume all risk for decisions based on information contained within the Services.  The information presented on or through the Services is made available solely for general information purposes.  We do not guarantee the accuracy, completeness, or usefulness, of this information.  Any reliance you place or decisions you make on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on the Services by you or any other user of the Services, or by anyone who may be informed of any of its contents.

 

2. Conduct and Behavior. You are solely responsible for all your activity while using the Services.

a. As a condition of use of the Services, you represent and warrant that you shall not use the Services for any purpose that is unlawful, illegal, or prohibited, by this Agreement.  You agree to abide by all applicable federal, state, and local, rules or regulations (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries and all applicable state privacy laws).

b. You agree that you will not attempt to re-sell, rent, lease, charge, distribute, transfer, or share, any of the rights that you receive hereunder.

c. You will not use, choose, or select, the username of another party with the intent to impersonate that party, to otherwise deceive us or any party, or to otherwise engage in fraudulent behavior.

d. You will not use, choose, or otherwise select, the username that is subject to the rights of another party, without that party’s express authorization.

e. You will not use, choose, or otherwise select, a username containing any terms, which would be vulgar, obscene, lewd, or otherwise offensive in nature.

 

3. Intellectual Property. The Services, including all text, images, designs, graphics, content, source code, object code, data, features, and functionality (including, but not limited to, all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such materials.  For purposes of clarity, Johnny’s Markets owns the rights to the compilation, arrangement, and assembly of, along with any modifications, variations, updates, versions, and changes to, all information entered and stored within our database(s) as part of the Services.  This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  All the content found within the Services is copyrighted material and is protected by the Copyright Act of 1976.  You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on the Services without our prior, express, and written permission.

You do not and will not acquire any intellectual property rights in the Services (including, but not limited to, the underlying services and the content published herein) by your use of Services.  Subject to your compliance with the terms and conditions of these Terms of Use, we grant you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to access and use the Services and to download and print any content provided by us, solely for your personal and non-commercial purposes.  No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the limited license expressly granted in the preceding sentence.

 

4. Your Security. You are responsible for implementing sufficient procedures and security mechanisms to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from the Services to reconstruct any lost data.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material, that may infect your computer equipment, computer programs, data, or other proprietary material, due to your use of the Services or to your downloading of any material posted on it, or on any third-party website linked to it.

Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you.  In such an event, the exclusions shall apply to the fullest extent permitted under applicable law.

 

5. Disclaimer of Warranties. THE SERVICES AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

Johnny’s Markets makes no warranty of any kind, express or implied, including, but not limited to, any warranties of fitness or of merchantability with respect to merchandise or products or any part thereof.  We shall not be liable for injury or damage to persons or property arising out of any acts performed in relation to any obligations created by these Terms.  Johnny’s Markets shall not be liable (in contract, tort, or otherwise) for special, indirect, incidental, or consequential damages in connection with any obligations created by these Terms or arising out of any acts performed in relation to such obligations.  You acknowledge that such lack of liability, without limiting the generality of the foregoing, includes lack of liability for any injury or damage to persons or property or loss of actual or anticipated profits.  Johnny’s Markets does not authorize any representative or other person to make any covenants, representation, or warranties, on behalf of Johnny’s Markets with respect to any merchandise or products.

Johnny’s Markets makes reasonable efforts to ensure that the information and materials contained in the Services are current and accurate.  We make no representations or warranties as to the accuracy, reliability, or completeness of the information, text, graphics, links, or other items contained in the Services.  Johnny’s Markets expressly disclaims liability for any errors or omissions in the information and materials contained in the Services.  We reserve the right to make changes to the programs, policies, products, and services described in the Services at any time without advance notice or consent.  Johnny’s Markets does not guarantee the Services to be free from errors, inaccuracies, or viruses, and is not liable for any damages, direct or indirect, from use of the Services.

 

6. Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE JOHNNY’S MARKETS, TOGETHER WITH OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THE SERVICES.

You acknowledge that you are responsible for any actions you take while using the Services.   You recognize that your use of the Services and any subsequent actions arising from your use of the Services are taken solely at your own risk.

IN NO EVENT WILL JOHNNY’S MARKETS OR OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR REPRESENTATIVES, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, OR UNDER ANY EQUITABLE THEORY, ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OR INABILITY TO USE THE SERVICES, ANY WEBSITES OR APPS LINKED TO IT, ANY CONTENT ON THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

7. Indemnification.  You will indemnify, defend, and hold harmless Johnny’s Markets, our licensors and affiliates, and our respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, or resulting from:

a. your access to or use of the Services, including but not limited to its services and its content;

b. your violation of any of the provisions of these Terms;

c. any activity related to your account by you or any other person accessing the Services through your account, including, without limitation, negligent or wrongful conduct; or

d. your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.

For purposes of clarity, these indemnification obligations apply to your use of the Services, along with your use of the content found thereon, other than as expressly authorized in this Terms of Use, your use of any information obtained from the Services, and any information you provide to this Services.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

8. Our Compliance with COPPA. THE SERVICES ARE NOT INTENDED FOR USERS WHO ARE YOUNGER THAN THIRTEEN (13) YEARS OF AGE.  You can learn more about our compliance with the Children’s Online Privacy Protection Act (“COPPA”) by reviewing our Privacy Policy.

 

9. Governing Law and Venue. The Terms shall be construed, governed, and enforced, under the laws of the United States and the State of Michigan (without regard to rules governing conflict of laws).  You agree that the venue for all actions relating in any manner to the Terms shall be in a federal, state, or county, court of competent jurisdiction located in, or nearest to, Calhoun County, Michigan.  Each party to these Terms waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above.

 

10. Severability and Waiver. If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions will continue in full force and effect.  No waiver by us of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision shall not constitute a waiver of such right or provision.

 

11. Changes to the Terms of Use. We will make changes to these Terms of Use from time to time.  The date that these Terms of Use were last revised is identified at the top of the page.  You are responsible for ensuring that you periodically visit our Site and these Terms of Use to check for any changes.

 

12. Giveaways & Contests. Giveaways (aka “sweepstakes”) and contest prizes are provided by Johnny’s Markets or a third party, and approved entries are selected at random or by required criteria.  Contest or giveaway winners will be contacted by phone or email within two (2) weeks, and if there has been no response, an alternate winner or replacement will be selected.  Winners, prizes, giveaways, contest rules, and additional terms, are subject to change at any time and without notice.  No purchase is necessary unless otherwise mentioned; void where prohibited.  Prizes have no monetary value and may not be exchanged.  There are no refunds or replacements.  Recipients are responsible for any taxes, duties, fees, or surcharges, associated with a prize.  You must be at least 18 years of age and a United States resident to be eligible to enter any giveaway or contest.  Employees and affiliates of Johnny’s Markets are excluded from winning any contests and giveaways.  Contest prizes and giveaways may be mailed to the recipient without any tracking, insurance, or signature requirements, and Johnny’s Markets or third parties are not responsible for anything lost in transit.  Additional general contest rules apply and may change at any time.

 

13. Contact Us. To ask questions or comment about these Terms, you may contact us at:

E-mail Address: [email protected]

Mailing Address:
Johnny’s Markets/Walters-Dimmick Petroleum, Inc.
Attention: Website/Mobile App Inquiry
1620 S Kalamazoo Ave

Marshall, MI 49068

 

14.Entire Agreement. These Terms, along with the Privacy Policy, represent the entire understanding and complete agreement by and among you and Johnny’s Markets.  BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, AND YOU AGREE TO BE BOUND BY ALL APPLICABLE TERMS AND CONDITIONS.

 

 

Privacy Policy

Last Updated: August 16, 2023

1. Data We Collect
a. Information We Collect about You
b. Information You Provide
c. Geolocation Data
d. Third-Party Social Networking Services
2. Use of Data
3. How We Share Data
4. Third-Party Service Providers
5. Data Security
6. Your Choices, Access, and Rights to Your Personal Data
7. Data Retention
8. Links to Third Party Sites
9. Children’s Privacy
10. Your California Privacy Rights
11. Changes in the Privacy Policy
12. How to Contact Us

Walters-Dimmick Petroleum, Inc. d/b/a Johnny’s Markets (“Johnny’s Markets,” we,” “us,” or “our”), oversees the website, Johnnysmarkets.com (the “Site”), the mobile application associated with the J+ Club rewards program (the “App”), and various aspects of the underlying services (collectively, the Site, the App, and the services are understood as the “Services”).  We have developed this Privacy Policy (“Privacy Policy”) to inform our users (“user(s),” “you,” or “your”) about how we collect data through our Services, how we use the collected data, and users’ rights with respect to the collected data.

Johnny’s Markets is hosted and operated in the United States. If you use the Services from outside the United States, please be aware that the information you provide to us is transmitted to, processed, and stored in the United States.  Data will be collected, processed, maintained, and used subject to this Privacy Policy and applicable privacy laws in the United States and in the European Economic Area (the “EEA”). These laws may be different from the privacy laws in your country.
This Privacy Policy is binding on all those who access, visit, and/or use our Services, whether acting as an individual or on behalf of an entity, including you and all persons, entities, or digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process or otherwise.  Please read this Privacy Policy carefully.  If you do not agree to be bound by this Privacy Policy, then do not access or use the Services.  By accessing and/or using the Services, you accept and agree to be bound by this Privacy Policy and our Terms of Use [hyperlink].

If you have any questions about this Privacy Policy, please contact us at [email protected] or at the contact information below.

1.Data We Collect
When you use the Services, we collect and process the following types of information:

a. Information We Collect about You
We collect information about your use of our Services, including, but not limited to, your Internet connections, computer equipment, web browsers, sites visited before using or accessing our Site, sites visited after leaving our Site, and other similar information about traffic and usage, as you navigate to, through, and away from our Site.  This is called “Non-Personal Data” because it does not identify you, but provides insights to us regarding your use of the Services.

We also use automated data collection tools, such as Cookies and Web Beacons, to collect certain types of Non-Personal Data.  You can set your browser to reject Cookies, but that may limit your use of some convenience features on the Services.  For more information on Cookies and how the Services use Cookies, please see our Cookie Notification.
Web Beacons are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, and to monitor how many visitors view our Services.  Unlike Cookies, which are stored on the device, Web Beacons are typically embedded invisibly on web pages or in an e-mail.

Log Data refers to certain information about how a user utilizes our Services.  Log Data may include information such as a user’s Internet Protocol address, browser type, operating system, the pages or features of our Services to which a User browsed and the time spent on those pages or features, search terms, the links on our Services that a user clicked on, and other statistics.

b. Information You Provide
When you use our Services, respond to communications from us, contact us via phone, e-mail, or postal mail, and so on, we will collect certain types of Personal Data that you provide to us. “Personal Data” is information that can be used to identify you, either alone or in combination with other information.

When you use our Services, you may be asked to provide, and we will collect, certain types of Personal Data, which may include your first and last names, e-mail address, phone number(s), and zip code. You will also be asked to generate a password as part of your login credentials.

Collectively in this Privacy Policy, Personal Data and Non-Personal Data is referenced as “Data.”

In some jurisdictions, such as the United States, an IP address may be considered Non-Personal Data. In the EEA, for example, an IP address is considered Personal Data under applicable data protection laws. If this is the case, we process Non-Personal Data for the same purposes as Personal Data under this Privacy Policy.

c. Geolocation Data
You may choose to allow us to access your location by granting the Site access to your location when prompted or through your device’s location services settings. You may change these settings on your device.

When you connect to the Services, we are able to recognize the Internet protocol (IP) address of the computer providing you with Internet access. We may use this IP address to help diagnose problems with our server or otherwise administer our Services. This IP address may also be used to gather broad demographic information. Your IP address is never associated with you as an individual and never provided to another company or organization.

When you download the App and install it on your mobile device(s) and/or associated computing device, you acknowledge that the App will access the Global Positioning Systems (“GPS”) functionality within your mobile device and the App will subsequently share that GPS information with your associated computing device and with our cloud-based software and systems.  This geolocation data collection and subsequent sharing of GPS information enables the core functionality of the App and without receiving geolocation data from your mobile device, the App will not perform correctly.

d. Third-Party Social Networking Services.
Additionally, if you choose to access, visit, and/or use any third-party social networking service(s) that may be integrated with our Service, we may receive your Personal Data and other information about you and your computer, mobile, or other device that you have made available to those social networking services, including information about your contacts on those services.  For example, some social networking services allow you to push content from our Service to your contacts or to pull information about your contacts so you can connect with them on or through our Service.  Some social networking services also will facilitate your registration for our Service or enhance or personalize your experience on our Service.  Your decision to use a social networking service in connection with our Service is voluntary.  However, you should make sure you are comfortable with the information your third-party social networking services may make available to our Service by visiting those services’ privacy policies and/or modifying your privacy settings directly with those services.

2. Use of Data
For Legitimate Interests.  We do not sell or rent Data to any third parties.  We use information collected by clickstream data collection, web pixels, and cookies to store your preferences, improve website navigation, make personalized features and other services available to you, to generate statistical information, monitor and analyze user traffic and usage patterns, monitor and prevent fraud, investigate complaints and potential violations of our policies, to improve the our content and the products, services, materials, and other content that we describe or make available through the Site, and otherwise help administer and improve the Services.

We may identify you from your Personal Data and merge or co-mingle Personal Data and Non-Personal Data, for any lawful business purpose.  Where you provide registration information, cookies can also be used to identify you when you log onto the Services or portions of the Services.  Except as otherwise stated, we may use information we collect from you for the legitimate business purpose of providing our Services to you, including, but not limited to:

  • to respond to your requests and provide user support;
  • to evaluate and improve the content of our Services;
  • to customize the Services to your preferences;
  • to establish accounts to use the Services;
  • to communicate information and promotional materials to you (where you have not expressed a preference otherwise);
  • to check on your account status and maintain record of activities in connection with your use of the Site;
  • to notify you of any changes to relevant agreements or policies;
  • for research analysis;
  • to enforce our agreements, terms, conditions, and policies;
  • to work with our service providers who perform certain business functions or services on our behalf and who are bound by contractual obligations consistent with this Privacy Policy;
  • to prevent or investigate fraud (or for risk management purposes) or to comply with a legal obligation, court order, or in order to exercise  our legal claims or to defend against legal claims;
  • to conduct aggregate analysis and develop business intelligence that helps us to enhance, operate, protect, make informed decisions and report on the performances of our Services;
  • to describe our Services to current and prospective business partners and to other third parties for other lawful purposes; and
  • for other purposes identified to you and as requested by you (please note that you have the right to withdraw your consent to such use at any time by contacting us via the contact information below).

With the Consent of a Data Subject within the EEA; or without consent, if a citizen of any other jurisdiction.  If you are a Data Subject within the EEA and we have obtained your consent, we may also use your information in the following ways; and, if you are a citizen of any other jurisdiction, you acknowledge that we may use your information in the following ways:

  • to share your information with our corporate parents, subsidiaries, other affiliated entities, and associated entities for the purposes described in this Privacy Policy;
  • to send e-mail and postal mail to provide you with updates and news;
  • to process any request you make;
  • to process any commercial transaction; and
  • to process your Personal Data as described throughout this Privacy Policy.

Performance of a Contract.  If you have agreed to our Terms of Use, or other terms of service, and you have created an account, purchased merchandise, [or entered into a contest or sweepstakes,]  we may also use your information:

  • to establish your account to use the Services;
  • to validate your e-mail, password, and/or other login credentials;
  • to respond to your requests;
  • to provide you with products you have requested;
  • [to notify you of your contest or sweepstakes results];
  • to send you e-mail and postal mail supplying you with the most recent service information;
  • to notify you of any changes to relevant agreements or policies; and
  • to process your Non-Personal Data as outlined as described throughout this Privacy Policy.

We may use third‐party e‐mail providers to deliver these communications to you. If you no longer want to receive these e-mail communications, you may opt-out of receiving e-mail communications, as further discussed below.

We may anonymize or aggregate Data that we collect from the use of the Services, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access the Services, market trends, and other analysis that we create based on the information we receive from you and other users.  If you provide Personal Data through our Services, we may aggregate that Data with other active Data, unless we specify otherwise at the point of collection.

3. How We Share Data
We do not sell or rent Personal Data to marketers or unaffiliated third parties. We do have relationships with trusted third parties, but we will not share any Personal Data that we have collected from or regarding you except as described below:

  • Affiliated entities for the purposes described in this Privacy Policy, which are required to treat the information in accordance with this Privacy Policy;
  • Service providers that help us administer and provide the Services (for example, a web hosting company whose services we use to host our platform). These third-party services providers have access to your Personal Data only for the purpose of performing services on our behalf. We have entered into contractual relationships with these service providers and require them to comply with all applicable data privacy laws and regulations and to use the Data only for the purposes for which it was disclosed. We require that any third-party service providers limit their use of your Data solely to providing services to us and that they maintain the confidentiality, security, and integrity of your Data and not make unauthorized use or disclosure of the Data;
  • Authorized third parties, who are parties directly authorized by you to receive the applicable Data, such as when you authorize a third-party application provider to access your account. The use of your Data by an authorized third party is subject to the third party’s privacy policy;
  • Third parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings), in which case we will require the recipient to use such information in accordance with this Privacy Policy;
  • As we believe necessary: (i) under applicable law; (ii) to enforce applicable terms and conditions; (iii) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; (iv) to detect, prevent, or otherwise address fraud, security or technical issues; (v) to respond to claims that contact information (e.g. name, e-mail address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment; and (vi) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence;
  • Pursuant to your explicit approval prior to the disclosure; and
  • We may share aggregated, de-identified Data with our sponsors and business partners to let them know how many users viewed and interacted with their materials. This information does not identify any individual or corporate entity.
  1. Third-Party Service Providers
    We use third-party service providers to help us operate our Services, who may collect, store, and/or process the information detailed herein.  We allow access to our database by third parties that provide us with services, such as technical maintenance, market research, customer relations management, and purchase functionality, but only for the purpose of and to the extent necessary to provide those services.There are also times when you provide information about yourself to us in areas of the Services that may be managed or participated in by third parties. In such cases, the information may be used by us and by such third party(ies), each pursuant to its own policies.We use commercially reasonable efforts to engage with third parties that post a privacy policy governing their collection, processing, and use of Non-Personal Data and Personal Data.  While we may seek to require that such third parties follow appropriate privacy policies and we will not authorize them to use your information except for the express purpose for which it is provided, you agree that we do not bear any responsibility for any actions or policies of third parties.Google Analytics.  We have enabled Google Analytics to collect data about our traffic through the use of Google advertisements and other anonymous identifiers. We use Google Analytics cookies and other cookies to compile data to better understand users and provide users with a more tailored experience.  You can opt out of Google Analytics by visiting Google’s Opt-Out Browser Add-on website here.A Note about Third-Party Tracking and Our Site — When you use the Internet, unaffiliated parties such as ad networks, web analytics companies, and social networking platforms, may collect information about your online activities over time and across our and other websites. This information may be used to provide advertisements for products and services that may interest you, and those companies may use Cookies, clear GIFs, and other tracking technologies. We do not track your activity across different websites or online services.
    For more information about third-party advertisers and how to prevent them from using your information, visit the NAI’s consumer website here or here. If you do want to opt out using these tools, you need to opt out separately for each of your devices and for each web browser (such as Internet Explorer, Firefox, or Safari) that you use on each device.

    5. Data Security
    We take commercially reasonable steps to maintain physical, electronic, and procedural safeguards to protect your Personal Data.  These safeguards may include data encryption, access authorization, firewalls, and physical access control to data centers.  We use industry-standard encryption technologies when transferring and receiving Personal Data.  Nonetheless, it is common knowledge that transmission of information via the Internet is not wholly secure, and we cannot guarantee the security of your Personal Data, or any other information, transmitted to or through any of our Services.  Any transmission of Personal Data, or other information, is at your own risk.  By using our Services, you acknowledge and accept these risks. As a result, we cannot guarantee or warrant the security of any information you disclose or transmit to us or that are otherwise provided to us and we cannot be responsible for the theft, destruction, or inadvertent disclosure of information.   It is your responsibility to safeguard any passwords, ID numbers, or other special access features associated with your use of the Services.  Any transmission of information is at your own risk.  By using our Services, you acknowledge and accept these risks.

    If you have any questions about security on our Services, if you become aware of any unauthorized use of an account, loss of your account credentials, or if you suspect a security breach, notify us immediately via e-mail at [email protected]. If our security system is breached, we will notify you of the breach only if and to the extent required under applicable law.

    6. Your Choices, Access, and Rights to Your Personal Data
    You may change, edit, update, or delete the information you provided when you set up your account through our Services by adjusting your account settings.  You may also request the deletion of this information by sending an e-mail to [email protected].

    If you reside in certain jurisdictions, such as the EEA, you may also have the following rights and options with regard to accessing, reviewing, correcting, and updating your Personal Data, as well as how we use and disclose your Personal Data:

    Right to Access.  We respect your right to access and control your information and we will respond to requests for information and, where applicable, will correct, amend, or delete your Personal Data.

  • How to Access Your Personally Identifiable Information. You may choose to access or update your Personal Data as it exists in our records by logging into the account you have created.
  • Access to Personal Data.  You may choose to access your Personal Data by contacting us and requesting access, a process which shall include our identity verification procedures.  Before providing data to you, we will ask for proof of identity and sufficient information about your interaction with us so that we can locate any relevant data. We may also charge you a fee for providing you with a copy of your data (except where this is not permissible under local law).

Updating Communications Preferences (Opt-Out Policy).  We do send e-mails to users with information about our Services that we believe may be of interest. Users may opt out of receiving e-mail messages by contacting us via e-mail at [email protected] or by clicking on the “unsubscribe” link found at the bottom of every e-mail that we send. Please note that if you opt-out of receiving marketing-related e-mails from us, we may still send you important administrative messages that are required to provide you with our Services, as applicable. If you do not opt-out using the link at the bottom of an e-mail, you will continue to receive electronic communications until you choose to click on the link that will be provided in each e-mail you receive from us.

Right to Rectify — Correction and Deletion.  Citizens of some jurisdictions, including the EEA, have the right to correct or amend their Personal Data if it is inaccurate or requires updating.  You may also have the right to request deletion of your Personal Data; however, this is not always possible due to legal requirements and other obligations and factors.  Remember that you can update your account information by contacting us at  [email protected].

Right to Erasure /  Be Forgotten.  Data Subjects of the EEA may have the right to request that we delete your Personal Data in certain circumstances, such as if holding the Personal Data is no longer necessary or as part of your Right to Object (below).

Right to Object.   Data Subjects of the EEA may have the right to object to the use of Personal Data for direct marketing uses, scientific uses, or historical research.  If you do not wish to have your Personal Data shared with third parties, please contact us at [email protected].  If you do not wish to receive future commercial messages from us, simply follow the unsubscribe instructions contained within the message you receive. (But note that you may continue to receive certain communications from us, such as transactional or relationship messages, and/or messages about your account/profile).

Right to Restrict Processing.  Citizens of some jurisdictions, including the EEA, have the right to request that we stop processing their Personal Data.

Right to Data Portability.  Data Subjects of the EEA have the right to request that we provide your Personal Data for the purpose of sharing it with another service provider (through a secure process).

Filing a Complaint. If you are not satisfied with how we manage your Personal Data, you have the right to make a complaint to a data protection regulator.

7. Data Retention
Unless otherwise described or requested by you, we will retain your Data for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.

At any time, users may request deletion of their accounts by e-mailing [email protected]. When you delete your account, it cannot be recovered.
Please note that we do retain Non-Personal Data, including aggregated, de-identified data for the purposes described in the section above titled “How We Use Data.”

8. Links to Third Party Sites
Our Services may contain links to other sites that are not operated by us.  If you click on a third-party link, you will be directed to that third party’s site.  Such links do not constitute an endorsement by us of those other websites, their content or services, or the persons or entities associated with those websites. This Privacy Policy does not apply to third-party websites.  We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services.  We encourage you to review the privacy policies and terms of all third-party websites or services that you may visit.

9. Children’s Privacy
We do not sell products or services for purchase by anyone under the age of thirteen (13). In accordance with the Children’s Online Privacy Protection Act (“COPPA”), we will never knowingly request or solicit Personal Data from anyone under the age of thirteen (13) without verifiable parental consent.  In the event that we receive actual knowledge that we have collected such Personal Data without the requisite and verifiable parental consent, we will delete that information from our database as quickly as is practical.  We reserve the right to request proof of age at any stage so that we can verify that minors are not using the Service(s).

10. Your California Privacy Rights
California Civil Code Section 1798.83 permits California residents to request and obtain a list of what Personal Data (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties.  Requests may be made only once a year and are free of charge. Under Section 1798.83, California residents are entitled to request and obtain such information, by e-mailing a request to [email protected].

11. Changes in the Privacy Policy
We reserve the right to modify and update this Privacy Policy at any time by posting an amended version of the statement on our Site.  Please refer to this policy regularly.  If at any time we decide to use Personal Data in a manner different from that stated at the time it was collected, we will notify you either on the panel home page of our Site or via e-mail.

12. How to Contact Us
Because protecting your privacy is important to us, you may always submit concerns regarding our Privacy Policy on the contact us page.  We will attempt to respond to all reasonable concerns and inquiries expeditiously.

If you have any questions or comments about our Privacy Policy, please contact us at:

By e-mail: [email protected]
By telephone: (269) 781-4654
Attn: Privacy Policy Inquiry
Johnny’s Markets/Walters-Dimmick Petroleum, Inc.
1620 South Kalamazoo Avenue
Marshall, MI 49068
Email: [email protected]

Please be assured that any Personal Data that you provide in communications to us will not be used to send you promotional materials unless you so request.