Policies

Last Updated on: January 25, 2024

The Webstaurant Store, LLC, Clark Core Services, LLC, and its associated companies (collectively “Clark Associates,” “Company,” “we,” or “us”) respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you and our practices for collecting, maintaining, protecting, using, and disclosing that information.

This policy applies to information that we collect:

• Through our Websites or our affiliated or related entities’ Websites (collectively “Website”):  www.clarkassociatesinc.biz; www.webstaurantstore.com; www.noblechemical.com; www.clarknationalaccounts.com; and www.therestaurantstore.com. In email, text, chat, and other electronic messages between you and the Website.
• Through mobile and desktop applications you download from the Website.
• When you interact with our advertising and applications on/through third-party websites and services (if those applications or advertising include links to this policy).
• From our related companies, including Noble Chemical, LLC, The Restaurant Store, LLC, and Clark National Accounts, LLC.
• From any employees, job applicants, and independent contractors who are residents of California.
• From individuals who are residents of California and with whom we have a business-to-business (“B2B”) relationship.

It does not apply to information collected by:

• Any third party, including through any application or content, including advertising, that may link to or be accessible from or on the Website.
• Us pertaining to employees, job applicants, or independent contractors located outside of California.
• Us about entities or individuals with whom we only have a B2B relationship and who are not residents of California.

Please read this policy carefully to understand our policies regarding our collection, treatment, and use of your information. If you do not agree with our policies and practices, your choice is to not use our Website. By accessing or using the Website, you accept and agree to be bound and abide by this Privacy Policy and Terms of Use. You should periodically review this privacy policy because it may change from time to time. By continuing to use the Website, you agree to be bound by such changes.

We collect several types of information from and about users of our Website, including information:

• That personally identifies you in particular, or that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information”), such as name, mailing address, email address, telephone number, employer, and job title. Personal information also includes sensitive personal information but does not include publicly available information from government records or de-identified or aggregated consumer information.
• That is about you but (individually) does not identify you.
• About your internet connection, the equipment you use to access our Website, and usage details (such as the pages of the Website you visit, the time of your visit, and the time spent on those pages).

We collect this information:

• Directly from you (for example, from forms you complete or products and services that you purchase).
• Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
• From our affiliated or related entities, including Noble Chemical, LLC, The Restaurant Store, LLC, and Clark National Accounts, LLC.

The information you provide to us through our Website may include:

• Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service(s), posting material, or requesting further services (including information supplied on lead generation forms found on our Website). We may also ask you for information when you enter a contest or promotion sponsored by us and when you report a problem with our Website.
• Records and copies of your correspondence (including email addresses) if you contact us.
• Your responses to surveys that we may ask you to complete for research purposes.
• Details of transactions you carry out though our Website and of the fulfillment of your orders. You may also be required to provide financial information before placing an order through our Website.
• Your search queries on the Website.

You may also provide information to be published or displayed (“posted”) on public areas of the Website or transmitted to other users of the Website or third parties (“user contributions”). Your user contributions are posted on and transmitted to others at your own risk. We cannot control the actions of other users on the Website with whom you may choose to share your user contributions. Therefore, we cannot and do not guarantee that your user contributions will not be viewed by unauthorized persons.

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

• Details of your visits to our Website, including traffic data (including the site you access the Website from), location data, logs, and other communication data and the resources that you access and use on the Website.
• Information about your device (including any mobile device), computer, and internet connection, including model, brand, device date, IP address, operating system, mobile network, and browser type.

We may also use technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

The information we collect automatically includes Personal Information. It helps us improve our Website and deliver a better, more personalized service to you by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
• Flash cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
• Web beacons. Pages of the 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 the Company, 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).
• Advertising and marketing pixels. We use advertising and marketing pixels for remarketing and conversion tracking purposes. The specific pixels and/or tags that we may use include but are not necessarily limited to: Meta Ads Pixel, Google Ads Tag, TikTok Pixel, Customer.io Pixel, and Pinterest Tags.
• Google Analytics. We use Google Analytics to optimize our Website based on the traffic we receive and assist with marketing. To learn more about Google Analytics, including options for opting out and/or managing the ads you may see online, please visit: google.com/policies/privacy/partners. Additional information regarding online advertising is available at: https://www.networkadvertising.org/understanding-online-advertising/what-are-my-options. To learn more about targeted advertising and the choices available to you, visit Webchoices: Digital Advertising Alliance’s Consumer Choice Tool for Web US.

The tables below show the categories of personal information and sensitive personal information that we have collected in the past 12 months. Please note that while examples are listed for each category, we do not necessarily collect each of those examples listed.

We will not retain your personal information or sensitive personal information for longer than is reasonably necessary for each disclosed collection and use purpose.

Some content or applications, including advertisements, on the Website are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies (alone or in conjunction with web beacons or other tracking technologies) to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you could contact the responsible provider directly.

We use information that we collect about you or that you provide to us, including personal information:

• To present our Website and its contents to you.
• To improve our products and Services, develop new products and Services, and conduct research.
• To provide you with information, products, or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To provide you with recommended products or services.
• To connect you with third-party commercial brands and suppliers, with your consent.
• To allow you to participate in interactive features on the Website.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

We may disclose aggregated information about our users and information that does not identify any individual without restriction. We also may disclose granular, personal information we collect or you provide:

• To our subsidiaries, affiliates, and related companies, including but not limited to Noble Chemical, LLC, The Restaurant Store, LLC, and Clark National Accounts, LLC.
• To our contractors, service providers, and other third parties we use to support our business, including payment processors, and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Clark Associates’ assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which personal information held by Clark Associates about our Website users is among the assets transferred.
• To third parties to market their products or services to you (or to help us market our product and services to you) if you have not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for these purposes for which we disclose it to them.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Clark Associates, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

We may share your personal information or sensitive personal information by disclosing it to a third party for a business purpose. In some circumstances we may “sell” your personal information as that term is defined under certain state privacy laws, including the California Consumer Privacy Act or the California Privacy Rights Act. In the past 12 months we have disclosed or sold the categories of personal information shown in the table below.

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking technologies and advertising. You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Website may then be inaccessible or not function properly.
• Third-party advertising. We use remarketing services to advertise on third-party websites to you after you have visited our Website. We and our third-party vendors use cookies (either alone or in conjunction with web beacons or other tracking technologies) to collect information about you to inform, optimize, and serve ads based on your past visits to our Website. This collected information may be associated with your personal information and may also be about your online activities over time and across different websites and other online services.
• Promotional offers from the Company. If you do not wish to have your information used by the Company to promote our own or third parties’ products or services, you can opt-out by emailing: [email protected]. If we have sent you a promotional email, you may send us a return email, asking to be omitted from future email distributions. This opt-out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience, or other transactions.
• Targeted advertising. We may also disclose your personal information to third parties to market their products and services to you. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertiser’s target-audiences preferences, you can opt-out by emailing: [email protected]. For this opt-out to function, you must have your browser set to accept all browser cookies.
• Payment processing. We may provide paid products and/or services within the Website. In that case, we use third-party services for payment processing (“payment processors”). We do not store your payment card details. Payment information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Council, which is a joint effort of brands like Visa, Mastercard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
• We do not control third parties’ collection or use of your information to serve interest-based advertising. If you have any questions about an advertisement or other targeted content, including how to opt-out of receiving targeted advertising from these vendors, you should contact the responsible provider directly.

You may also opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

Residents of certain states may have additional personal information rights and choices. For more information, see below.

We use certain analytics services, such as Google Analytics, to gather information about our site visits. To learn more about Google Analytics, including opting out of Google Analytics, here.

You can review and change your personal information by logging into the Website and visiting your account profile page. You may also send us an email at [email protected] to request access to, correct, or delete any personal information that you have provided to us. If you have an account connected with the Website, we cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your user contributions from the Website, copies of your user contributions may remain viewable in cached and archived pages or might have been copied or stored by other Website users.

You may be able to configure your device or browser to automatically communicate your preference to opt out of the sale and transfer of your personal information. We will recognize signals communicated to us that are in a commonly used and recognized format, and we will apply your preferences to your browser or device. If you have an account with us and are logged into your account when we receive your “do not track” signal, we will apply your preference to your account settings.

The California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, “California Privacy Law”), as well as other state consumer privacy laws, provide their residents with additional rights regarding our use of their personal information. These rights are described below.

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the “right to know” and the “right to confirm”). Once we receive your request and confirm your identity, we will disclose to you:

• The categories of personal information that we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • Sales, identifying the personal information categories that each category of recipient purchased; and
  • Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
• The specific pieces of personal information we collected about you (also called a “data portability” request).

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the "right to delete"). Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1. Complete the transaction for which we collected the personal information, provide a service that you requested, take actions reasonably anticipated within the context of our ongoing relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another individual to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with specific laws, such as the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or de-identify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

You have the right to correct any inaccurate personal information about you that we have in our possession (the “right to correct”). Once we receive your request and confirm your identity, we will disclose to you the specific pieces of personal information that we have collected about you. You will then have the opportunity to direct us to correct the pieces of information which you believe are inaccurate.

We may deny your request to correct if we believe the updated information is incorrect or is being used for any fraudulent or deceptive purpose.

You have the right to restrict our processing of your sensitive personal information (the “right to restrict”). Once we receive your request and verify your identity, we will cease the processing of your sensitive personal information for the purpose of inferring characteristics about you. Please note that we may continue to process your sensitive personal information for other purposes consistent with this privacy policy.

You have the right to direct us to not process your personal information for targeted advertising and to not sell your personal information at any time (the "right to opt-out"). Once we receive your request, we will no longer use or process your personal information for the purpose of providing targeted advertising to you based on your activity and interests. We will also no longer sell (as that term is defined by relevant and applicable state law) your personal information to third parties for targeted advertising purposes.

You have the right to opt out of the sharing of your personal information with third parties for cross-contextual behavioral advertising. Once we receive your request, we will no longer use or process your personal information for the purpose of advertising to you based on your individual activity.

You have the right to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects to you. Once we receive your request, we will no longer use or process your personal information for making decisions that produce a legal or similarly significant effect to you.

We will not discriminate against you for exercising any of your rights under applicable state privacy law. Unless permitted by state law, we will not:

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

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

To exercise your rights described in this privacy policy, you may submit a request to us by:

• Contacting us online at: www.clarkassociatesinc.biz
• Emailing us at [email protected]
• Calling us at 1-800-521-1035
• Mailing us at: Clark Core Services, LLC, Attn: Legal Department, 2205 Old Philadelphia Pike, Lancaster, PA 17602

Only you or someone legally authorized to act on your behalf may make a request related to your personal information. You may also make a request on behalf of your child. You may only submit a request twice within a 12-month period.

We may not require you to provide additional personal information to verify your identity for opt-out requests. However, to process other requests, we may require you to:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include:
  • Providing at least three (3) pieces of information that match the information we have about you.
  • Providing a signed declaration, under penalty of perjury, that you are the individual about whom you have submitted the request, or that you are legally authorized to submit the request on the individual’s behalf.
• 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 that the personal information relates to you.

You do not need to create an account with us to submit a request. We will only use the personal information provided in the request to verify the requestor’s identity or authority to make it.

You may appeal a decision concerning your privacy rights by emailing us at [email protected] or by writing us at Clark Core Services, LLC, Attn: Legal Department, 2205 Old Philadelphia Pike, Lancaster, PA 17602.

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please email [email protected] or call 1-800-521-1035.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we may deliver our written response to that account. Alternatively, or if you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

California's “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email [email protected] or write us at: Clark Core Services, LLC, Attn: Legal Department, 2205 Old Philadelphia Pike, Lancaster, PA 17602.

If you are a California resident under 18 years old and a registered user, you can request that we remove content or information that you have posted to our Website. Please note that fulfilment of the request may not ensure complete or comprehensive removal (for example, copies may remain viewable in cached and archived pages or might have been copied and stored by other Website users). To request removal of content or information, send an email to [email protected]

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone, and you acknowledge and agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. If you share this information with a third party (or authorize a third party to have access to or be linked to your account through any of the Website’s features), that individual will have access to your account and personal information, including, but not limited to, your credit card information. You agree to take responsibility for actions taken by an individual with whom you have shared or authorized access to your account.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Your personal information may be transferred and maintained on computers located outside of your state, province, country, or other jurisdiction where the data protection laws may differ. If you are located outside of the United States and choose to provide information to us, note that we transfer the data, including, but not limited to, personal information, to the United States and process it there. Your use of the Website and submission of such information represents your consent to our Terms of Use, Privacy Policy, and transfer of personal information. The Company will take reasonable steps to ensure your personal data is treated securely and is not transferred to an organization or country unless there are reasonable security controls in place.

Our Website is not intended for children under the age of 16. No one under the age of 16 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information this Website or through any of its features, register on the Website, make any purchases through the Website, use any interactive or public comment features on the Website, or provide any information about yourself to us, including, but not limited to, your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at: [email protected]. California residents under 16 may have additional rights regarding the collection and sale of their personal information. For more information, see Privacy Policy for California Residents.

We will post any changes that we make to our Privacy Policy on this page. If we make material changes on how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account or through notice on the Services homepage. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up to date active and deliverable email address for you and for periodically visiting our Services, Privacy Policy, Terms of Use, and Terms of Sale to check for any changes. Changes to the Privacy Policy, Terms of Use, and Terms of Sale are effective upon posting to the Website.

All questions or comments about this privacy and our privacy practices should be directed to: [email protected] or 1-800-521-1035. You may also contact us online using our contact form.