Effective as of December 17, 2021. 

Boxed takes your privacy and the privacy of your data and personal information very seriously.  So, we wanted to provide you with some information on our policy for how we collect, process, transmit and store your data and personal information and some of the ways we work to keep that data and personal information private and secure (the “Policy”).  Please review this Policy carefully.

Just so we are clear about who is who and to keep things simple, Boxed's legal name is Boxed, LLC, but we do business as Boxed ( “Boxed”).  This Policy also covers our subsidiaries and affiliates, which, together with Boxed, we refer to in this Policy as the “Company”, “Boxed”, “we”, “our,”, and “us”. Boxed provides products, services, content, and other features (the “Boxed Services”) to you when you use or shop on our mobile applications, Boxed.com, Boxed social media properties, or our other websites, marketplace pages and blogs, and/or other software and digital properties provided by Boxed (the “Boxed Sites”). The Boxed Sites are owned and/or operated by Boxed. We refer to the users of the Boxed Sites as “you” and “your”. This Policy describes: 

• how we collect, and you may provide, information through our website, including the www.boxed.com domain, our mobile applications and our vendor information portal (collectively, the “Sites”);

• how we use and protect information; 

• with whom we may share information; and 

• the types of information we collect. 

We published this Policy because we want you to be aware of the information we collect and help you make an informed decision about using our Sites and services.  By visiting the Boxed Sites and accessing or using the linked pages, features, content, or any of our other services made available through the Boxed Sites or otherwise, you acknowledge and accept the practices and policies outlined in this Policy. If you do not agree to this Policy, in whole or in part, you may not access or otherwise use the Boxed Sites.  This Policy does not apply to any third-party websites, services or applications, even if they are accessible through any Boxed Site.  

We may update this Policy from time to time to reflect changes to our information and data collection, processing, use, disclosure, transfer or storage practices or for other operational, legal, or regulatory reasons. In the event that any changes to this Policy are material, we will give you notice of such changes by posting the newest version of this Policy on this page with a link to the text of the previous version of the Policy, and, where appropriate, by other means such as one or more of an e-mail communication, homepage banner or pop-up, or other conspicuous notification . Your continued use of the Boxed Sites after notice that the Policy has been changed together with the posting of the updated Policy, represents your receipt, acknowledgment and agreement of the terms of the then-current version of the Policy.

CALIFORNIA RESIDENTS AND NEVADA RESIDENTS: PLEASE SEE SECTION 5 BELOW FOR NOTICES RELEVANT TO YOU.

1. WHAT INFORMATION DO WE COLLECT? 

Information You Provide

We collect the information you enter on the Boxed Sites or make available through the Boxed Sites when you, among other things, access any Boxed Site, register as a member, create an account, engage in a transaction, search our products, contact us or our customer service department by telephone, email, or otherwise, or participate in events, surveys, questionnaires, contests or other promotions we may sponsor or take part in with partners.  Please note that we may collect personally identifiable information (“PII”) from the Boxed Sites only when you choose to provide it to us, including by accessing, viewing, and browsing any Boxed Site.  We may use this information to correspond with you and as otherwise permitted by this Policy. The information collected through the Boxed Sites or in direct interactions with you may include:

• Your contact information, such as your name, email address, password, shipping address, usernames and social media handles, and/or telephone numbers;
• Your payment information, such as credit/debit card information, billing addresses, and other billing information; 
• The shipping information of any third parties that you enter when shipping orders to such third parties, including their names, email address, shipping and billing addresses, and telephone numbers; 
• Your device identifiers, including IP address, mobile device ICCID/SIM/IMEI/ESN numbers, and other serial numbers; and
• Your browsing, click and purchase history. 

Certain information, statements, data, and content (such as photographs or videos) which you may submit to us may reveal your gender identity, ethnicity , race, nationality, age, and/or other demographic information about you.  

We do not knowingly collect sensitive information such as government-issued identifiers, Social Security Numbers, financial account information, insurance plan information or specific information related to your health or medical conditions.

From time-to-time, we may use third party widgets, programs and features (“Widgets”) on the Boxed Sites to help provide products and services that we feel might be of use to you.  These Widgets may ask you for additional information, such as the referral information (names and email addresses) of people or companies that you may wish to refer to us, pursuant to the privacy policies of such third parties.  Of course, it is up to you as to whether you provide any of this type of information.  

Mobile Web and IOS and Android Apps

We may collect certain additional information from you when you access the Sites with mobile devices or with our iOS and Android mobile apps (the “Boxed Apps”).  This information may include location, device type, unique device identifier, mobile operating system, site navigation, and other app-specific user data.  When this data is collected, it is analyzed periodically to help us create a more user-friendly, improved shopping experience within the mobile web interface and/or the Boxed Apps.  You may restrict the collection of certain data, like location, and/or opt out of notifications from the Boxed Apps by changing the settings preferences on your mobile device and/or through your Boxed account management page, including https://www.boxed.com/account/email-preferences.

Automatically Collected Information; Interest-Based Advertising. 

When you interact with the Boxed Sites, advertisements or other content provided by Boxed or third parties, on behalf of Boxed, through your computer, phone or mobile device (we’ll refer to these as “Devices” throughout the Policy), we, and third parties, may automatically collect non-personally identifiable information (“non-PII”) about or from your Device, such as, without limitation, your browser information on our server logs including your IP address, browser type, browser versions, browser language, browser plug-in type and version, country and time zone, URLs that refer visitors to our Sites, dates and times of visits to our Sites, page views and site navigation, geographic location, cookie information (see below), web beacons, pixel tags, device fingerprinting or other means, the page you requested, duration of activity on our Sites, searches, shopping behavior and preferences, hardware model, operating system version, unique device identifiers, mobile network information, and purchases.

We may use this information, and tie it back to the information you provide to us, to tailor or customize your shopping experience and/or interaction with Boxed, allowing us to surface various products and special offers in which you may have interest.  This form of advertising, sometimes called “behavioral advertising,” is based on anonymous information and not on any PII. As a result, we and our vendors know your interests, but cannot personally identify you in connection with the delivery of that specific ad. We believe that such advertising is helpful because you will see advertisements that are relevant to your interests. However, if you would like to opt-out of these interest-based advertisements, please follow the opt-out process described below under “What Choices Do Users Have.”

We may also aggregate and anonymize this information with similar information from our other customers in order to understand how our customers use the Boxed Sites, and/or Third-Party Service Providers (defined below) may collect non-PII from the Boxed Sites as well.

Cookies

A cookie is a text file that websites send to a visitor’s computer or other internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser.  We use a variety of cookies, such as session, persistent and analytics cookies, among others, to identify and authenticate visitors and to store information in your electronic shopping baskets so it can be retrieved later.

By using the Boxed Sites, you accept the use of cookies as described in this Policy.  You can disable or delete cookies by changing the preferences on your Device browser (usually located in the “Help” or “Tools” menu).  Disabling cookies may, however, prevent you from using some of the essential features of the Boxed Sites. Please note that cookie-based opt-outs are not effective on the Boxed Apps.  However, on many Devices, Boxed App users may opt out of certain mobile tracking activities via their device settings.  For further information, please see “What Choices Do Users Have” below. If you have any questions or need assistance regarding cookies, you can contact us at [email protected].

We use third-party tracking services that use cookies to provide non-PII and we also use third-party tracking services through the Boxed Sites.  These tracking services collect information about our users on an aggregate basis and such collected information is analyzed periodically to gain a greater understanding of the usage patterns within the Boxed Sites.

Web Beacons and Pixel Tags 

Boxed and our Third-Party Service Providers (defined below) may use web beacons or pixel tags to control the automated collection of non-PII.  These small electronic tags on specific web pages on the Boxed Sites help us monitor the activity on the Boxed Sites in order to improve the performance of certain features and your shopping experience. 

JavaScript

In order to collect the kinds of information described in this Policy and to see how you interact with the Boxed Sites, we, or third parties, may use JavaScript or other languages to send instructions to your Devices. 

Do Not Track

Some browsers may provide a “Do Not Track” option which signals to websites and web services that you do not wish to have your online activities tracked over time or across different websites.  A “Do Not Track” option may also allow you to opt out of behavioral advertising. At this time, because there is no consistent industry understanding of how to respond to “Do Not Track” signals, the Boxed Sites neither respond to nor support “Do Not Track” requests and will continue to collect information about your online activity as mentioned in this Policy notwithstanding our receipt of such signal or request.

 2. WHAT WE DO WITH COLLECTED INFORMATION

We may use the information you provide and/or make accessible to us, directly or indirectly, and information we collect about or that relates to you for various reasons, including to:

• improve your user experience on the Boxed Sites, Boxed Apps and with Boxed generally, including to expedite access to your Boxed account and Boxed services;  
• notify you of any Boxed-related promotions, deals and other information that may be of use to you or any deals or promotions from our partners;
• assist in conducting marketing efforts, including sweepstakes, contexts, marketing campaigns and other promotional activities;
• create or administer your account and communicate with you about account creation, activity or modification, placed orders and shipping updates.  You can opt out of these emails or other notifications at any time by clicking unsubscribe at the bottom of our emails or by changing your email preferences at https://www.boxed.com/account/email-preferences;
• notify you about any changes to this Policy or the Terms and Conditions; 
• respond to your requests, submissions, sweepstakes/contest entries and questions;
• operate, assess, analyze, enhance, and improve our businesses, research, data, marketing and advertising strategies, and our product offerings;
• perform accounting, auditing, and billing activities;
• detect, investigate, report and protect against security incidents, data breaches, and fraud; and
• respond to lawful court orders, subpoenas, warrants, or other requests by public authorities (including to meet national security or law enforcement requirements), comply with applicable laws, regulations and industry standards and enforce our rights , this Policy and our Terms and Conditions and other policies.

We may employ third-party service providers and independent contractors (the “Third-Party Service Providers”) to help, on behalf of Boxed, facilitate our services, features and other offerings by providing, among other things, analytics, results, links, connectors, APIs, advertisements, embedded content or other tools and services.  These Third-Party Service Providers may collect non-PII through the use of cookies, pixel tags, device fingerprinting or other automated means.  The Third-Party Service Providers may use this information internally or share this information with us for various purposes and reasons, including to assist us in providing a more customized shopping experience.  This Policy covers on only our use of information we collect. We may use non-PII from third parties (such as data vendors) pursuant to their own privacy policies. Similarly, we may enhance the Non-PII collected via the Boxed Sites, Boxed Apps, and our any Devices used to access such sites and/or apps with non-PII collected from or provided by our business partners, including Third-Party Service Providers.    

The Boxed Sites and certain Third-Party Service Providers use a number of artificial intelligence, machine learning, and other automated data-fed algorithms (“Automated Processing”). For example, we use Automated Processing to, among other things, detect and prevent fraud, detect and prevent information breaches, optimize promotions and other marketing displayed to you, enhance your experience on and interactions with the Boxed Sites and determine your eligibility for certain products and services (for example, geographically and seasonally specific items fulfilled to specific locations).

3. SHARING OF INFORMATION 

Information Shared with Third-Party Service Providers

We may share information we collect with our Third-Party Service Providers and other third parties that we engage to help us administer and provide our services and to perform tasks on our behalf (for example, hosting the Boxed Sites, shipping your orders, customer service, marketing communications, data and performance analytics, and fraud detection) and we share your information with such third parties when it is needed for such purposes.  

Information Shared with Third Parties

From time-to-time, we may offer a referral program or referral offers on the Boxed Sites to our existing users.  If you sign up for an account on the Boxed Sites or otherwise provide us with information by clicking on a referral link—whether through an email, text message, through a social media site, or other electronic or mobile mechanism—provided to you by an individual who has identified you as one of his or her contacts, and consent to the sharing of your PII, we may share your PII with the individual who has referred you to us.  We may also inform individuals who identify to us that you are one of their contacts whether or not you already have an account on the Boxed Sites.

We may also share aggregated, anonymized, and non-PII with our business partners and/or any other third party (for example, suppliers, vendors, publishers, advertisers or connected sites) for industry research and analysis, demographic profiling, and other purposes.  For example, we may share such information to show trends about the general use of our services, the Boxed Sites and the Boxed Apps. 

We may also use your PII, as provided or made available by you through the Boxed Sites, to contact and correspond with you and/or to respond to your inquiries, requests and/or other submissions. We do not sell your PII to third parties, data brokers or mass marketers for monetary consideration, but please note that we may disclose PII to third parties that provide us with services such as helping us with advertising, data analysis and security, which may fall under the definition of “sale” or “valuable consideration” or other similar defined terms under the California Consumer Privacy Act or the data security and privacy laws of other states.  Finally, please note that if you specifically consent to additional uses of your PII, we may use your PII in manner consistent with that consent.

Compliance with Legal Requirements 

We may disclose information about you: (i) if we are required to do so by law or legal, judicial, or administrative process (such as a court order, subpoena, administrative request, or other governmental agency process or otherwise); (ii) in response to a request by law enforcement authorities; or (iii) when we believe disclosure is necessary or appropriate to prevent physical, criminal, financial, or other harm, injury, or loss or to enforce or defend our or others’ rights, property, or safety.  However, this Policy is not intended to limit any objections or legal defenses you may have to a request to disclose your information by a third party or government.  

Information Generally Disclosed

We may also share aggregated, anonymized, and other non-PII publicly, for example in industry reports, news stories or press releases, to show trends about the general use of our services, the Boxed Sites and the Boxed Apps. 

Information Disclosed in connection with Business Transactions

We may also transfer the information we have about you in the event we enter into negotiations to or consummate a transaction to sell, merge or transfer all or a portion of our businesses or assets (or initiate and pursue reorganization, bankruptcy, dissolution, or liquidation), or take other steps in anticipation of such transactions.  In such event, all the data will continue to be governed by this Policy.  

 4. CHILDREN’S PRIVACY RIGHTS

We do not knowingly collect information from anyone under the age of sixteen (16).  The Boxed Sites, including the Boxed Apps, are not intended, designed or created for or directed at children under the age of sixteen (16) years old.

You must be eighteen (18) years of age or older to register, create and maintain an account with Boxed or otherwise access and use the Boxed Sites and Boxed Apps.  If we learn that a user is under the age of eighteen (18), we will promptly delete any information that they have provided to us. Any user under the age of eighteen (18) must be accompanied by an adult when accessing the Boxed Sites.

5. NOTICES TO CALIFORNIA RESIDENTS AND NEVADA RESIDENTS 

CALIFORNIA CONSUMER PRIVACY ACT NOTICE

If you are a California resident, you may have rights different from and/or in addition to those set forth in this policy with respect to your data and personal information.  If you are a California resident, please visit our California Consumer Privacy Act policy page here.  Note that in the event of any inconsistency or conflict between the policies and notices in this policy and the policies and notices in the California Consumer Privacy Act policy, the California Consumer Privacy Act policy will govern to the extent of the inconsistency. 

If you are a California resident, you have the right to request that Boxed delete your personal information that we have collected from you. You may make this request at any time. Boxed will acknowledge receipt of your request, verify your identity and respond to your request. Deletion may include erasing, de-identifying or aggregating personal information so that it is no longer reasonably capable of identifying you or your household.
Please note, however, that the CCPA allows us to retain certain personal information that may be subject to a valid deletion request, including for the following reasons:

• To complete a transaction you requested.
• To detect security incidents.
• To protect against deceptive, fraudulent, or illegal activity.
• To promote free speech.
• For scientific, historical or statistical research in the public interest.
• For internal uses of a company where such uses are reasonable and expected by you.
• To comply with a legal obligation.

You can request that all or a portion of your personal information in our possession or control be deleted by clicking this Delete My Personal Information link and following the instructions to submit your request. We will ask you to verify your request after it is submitted. Upon verifying your request, we will notify our service providers to also delete the information subject to your request.

SHINE THE LIGHT - YOUR CALIFORNIA PRIVACY RIGHTS

Pursuant to California’s “Shine the Light Act” (California Civil Code Section 1798.80 et seq.), we hereby inform you that we do not knowingly, and do not in the future intend to, share the personal information of any California resident with any third party for that third party’s direct promotional or other marketing purposes.  

NOTICE TO NEVADA RESIDENTS

If you are a Nevada resident, Boxed does not “sell” personal information as defined in the Nevada Privacy of Information Collected on the Internet from Consumers Act as amended by Nevada Senate Bill 220. Nonetheless, you may submit a request to prohibit such sales by contacting us at [email protected]. Additional information on the categories of personal information collected and categories of personal information shared with third parties can be found on the California Consumer Privacy Act policy page here.  If you would like to tell us not to sell your information in the future, please email us at [email protected] with your name, postal address, telephone number and email address with “Nevada do not sell” in the subject line.

6. THIRD-PARTY PRIVACY PRACTICES

The Boxed Sites may contain links to websites, programs, cloud platforms and services, as well as certain embedded content, service enhancements, browser plug-ins, application program interfaces and other digital tools that are owned, operated, maintained or otherwise provided by third parties (each, a “Third-Party Service”). Any information that you provide or make available on or to a Third-Party Service or that is collected by or transferred to a Third-party Service is provided directly to the owner or operator of the Third-Party Service and is subject to such owner’s or operator’s privacy policy and practices. We are not responsible for the content, privacy or security practices and policies of any Third-Party Service. To protect your information, we recommend that you carefully review the privacy policies of all Third-Party Services that you, either directly or indirectly through your use of programs, browsers, extensions and other services, use and/or access.  Visiting, utilizing, or accessing Third-Party Services is at your own risk.

When you use the Boxed Sites, third parties, including Third-Party Services, may collect your information or information about your online and mobile activities over time and across different websites, social media pages, internet-connected programs and services and mobile apps.  For example, certain third parties may embed content, tools, use cookies, pixel tags, beacons and other tracking and display technologies to serve and offer relevant services, ads and links on the Boxed Sites and through Third-Party Services. We have no control over these third parties and no responsibility for the technologies they employ.  We are not responsible for the privacy practices or policies of such third parties or their collection of information, and our Policy does not apply to such collection of information or to the services offered by these third parties. We suggest you review their privacy policies to learn how they may collect or use your information. 

The Boxed Sites may also contain links to social media platforms and individual pages on such platforms, and you may be given the choice of connecting to one or more social media platforms from the Boxed Sites, including, but limited to, linking your account profile to your social media handles and pages on social media platforms (e.g., via Facebook or Google logins). If you choose to do so, then depending upon your social media account privacy settings, the personal information that you post, transmit, or otherwise make available on the social media platform may be viewed and/or used by others and we will have no control over such viewing and use. We do not control and are not responsible for any use of your PII by or through any of the social media platforms you use whether by linking to the Boxed Sites or otherwise. By linking any portion of the Boxed Sites or Third-Party Services to any social media platform, you will be assuming the risk that the PII you provide on that social media platform may be viewed and/or used by third parties for any purposes and agree that we have no control or responsibility for such third party viewing and uses.

7. HOW INFORMATION IS PROTECTED AND CHECKOUT SECURED

We implement reasonable measures to protect your information and account through a variety of safeguards designed to help protect the information we collect, access, process, use, share and store against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. 

No method of protecting information is 100% secure, and we cannot guarantee its absolute security.  Therefore, we suggest that you take certain reasonable steps to protect your information. Start by safeguarding your own account username and password and not sharing that information with anyone or having your account credentials stored in auto-fill services on your browser, mobile device or other hardware and software used for accessing your account and your PII generally.  It is preferable that users update their password periodically and follow conventions for choosing a secure password, including, without limitation, by using a combination of upper- and lower-case letters, numbers, and symbols and by not reusing passwords across websites, accounts and services. If users are concerned about misuse of their identity within the Boxed Sites, or are using a shared device, users should make an effort to log out as often as necessary.  We will never ask for your password via email and users should report any such inquiry. 

We retain your PII, if provided or made available by you through the Boxed Sites, for as long as is the purposes for which you made such information available remains active (as determined by us) and for a reasonable time thereafter, or if applicable, for as long as required by law or other governmental process.  Even if we delete some or all of your PII, we may continue to retain and use aggregated and/or anonymized data previously collected that is de-linked from specific pieces of personal information such that the data no longer is reasonably capable of identifying you. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.

8. WHICH INFORMATION CAN USERS ACCESS?

You may access and update information you have entered on the Boxed Sites through your Boxed account settings and other portions of your account and/or profile pages on the Boxed Sites.  There you may also view certain additional information we have collected or stored, like your purchase history, savings, and rewards or bonuses from programs made available to you by Boxed or its partners through the Boxed Sites.  If you have any questions about viewing or updating your information that we have on file, please contact [email protected]. 

9. WHAT CHOICES DO USERS HAVE? 

You can choose not to disclose or make available certain of your information to us; however, some of the information collected by or required by us for use of the Boxed Sites may be necessary to register an account with us, to place an order, to track your order, or to take advantage of certain features and services on the Boxed Sites.  As we mentioned above, you may also update certain information previously provided to or collected by the Boxed Sites through your Boxed account.

You can opt out of promotional emails and other promotional communications or notifications from the Company at any time by clicking unsubscribe at the bottom of our emails, by changing your email preferences HERE or using the contact information provided below to request that we remove you from all or specific mailing lists.  You can also opt out of the collection of certain information collected by mobile applications by changing the settings preferences on your mobile device, your mobile apps, your mobile browser, or other mobile services used to access the Boxed Sites. We will process your request within a reasonable time after receipt.  However, we are not responsible for removing your PII from the lists of any third party who has previously been provided with your information in accordance with this Policy or your consent. We encourage you to raise any concerns using the contact information provided below, and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of information.  You may also request access to your PII (if you have provided PII to us through the Boxed Sites) and information about our collection, use and disclosure of that information by using the contact information provided below. Subject to certain exceptions prescribed by law, you will be given reasonable access to your personal information, entitlement to challenge the accuracy and completeness of the information, and the ability to have it amended as is appropriate.  You can help us maintain the accuracy of your information by notifying us of any changes to your personal information.

You may restrict information we, and other websites, collect through the use of cookies by changing the preferences on your device browser (usually located in the “Help” or “Tools” menu) to disable or delete cookies.  Please know that disabling cookies does not delete them from your browser and you must select the delete option from within your browser. However, disabling cookies on your browser may limit your ability to use specialized features on the Boxed Sites.  

As described above, we may, and may work with third parties, to use Non-PII information to deliver targeted advertisements to you based upon your online activities and other information.  The online advertising industry provides a service through which you may opt-out of receiving targeted ads from certain data partners and other advertising partners that participate in self-regulatory programs.  You can opt-out of targeted advertising from certain providers at www.aboutads.info/consumers.

Please note that by opting out, you will continue to see generic advertising that is not tailored to your specific interests and activities. To be clear, even if you use an online industry opt-out, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out.  For example, if you have opted out on your device browser, that opt-out will not be effective on your mobile device. You must separately opt out on each device.

If you have any questions about the features on the Boxed Sites and how best to utilize them, please contact us at [email protected].

10. CHANGES IN THE POLICY AND RELATED POLICIES 

The information we collect through or otherwise made available to the Boxed Sites is covered by the privacy policies, terms and conditions, and other legal requirements in effect at the time such information is collected.  We may amend or revise this Policy from time-to-time and any such amended or revised Policy and other privacy policies will be posted on the applicable Boxed Sites and will reflect the date it was last updated. If, in our sole discretion, we make material amendments or revisions to this Policy, we will notify you through a more prominent notice, including, for example, by email or messaging on the affected Boxed Sites.

11. QUESTIONS AND HOW TO CONTACT US

 If you have any questions or concerns regarding this Policy or the privacy and protection of your information more generally, please send a detailed message to [email protected] or to the address below:

Boxed, LLC

c/o Legal and Privacy Teams

PO Box 2098

New York, NY 10013

If you are a California resident and have questions about the California Consumer Privacy Act or your rights thereunder, please refer to our California Consumer Privacy Act notice and disclosure page HERE or contact us at the following dedicated email address: [email protected]. 

12. UNITED STATES OF AMERICA  

The Boxed Sites are maintained in the United States of America.  By using any Boxed Site, you authorize the export of your information to the USA and its storage and use as specified in this Policy.  You understand that data stored in the USA may be subject to lawful requests by the courts or law enforcement authorities in the USA. The Boxed Sites are intended solely for the use of citizens of the United States of America and foreign citizens physically located within the geographical borders of the United States of America and its territories and the Boxed Sites are not purposefully provided to or made available in other locations, including, without limitation, the European Economic Area.