UPDATED March 2026

Tops Markets
Privacy Policy

Thank you for shopping at Tops Markets, LLC ("Tops^®")! We value your business and the trust you place in us. We believe in the importance of protecting your information and this policy explains our privacy practices. We encourage you to review this Privacy Policy ("Policy") to better understand our practices for the collection, use, disclosure, and protection of personal information in our physical retail stores, on or through our websites ("Sites") and mobile applications ("Apps"), and resulting from interactions with our other online or offline offerings (collectively, the "Services").

Our primary reasons for collecting Customer Information are to help deliver greater value to you and to improve your shopping experience with us. For example, we may use Customer Information to tell you about products, services, special savings, coupons and discounts we believe may be of interest to you, and to advise you of important information such as product recalls.

All references to "we", "us", and "our" shall mean Tops. All references to "you" or "your" or "customers" shall mean customers and users of our Services. If the practices described in this Privacy Policy are not acceptable to you, please do not provide us with your personal information.

We may periodically update this Policy. The "Last Updated" date at the bottom of the page tells you when this Policy was last revised.

Additional notices and terms may apply to special offers or promotions, contests, and specific programs or Services such as those provided by our pharmacies. Our Notice of Pharmacy Privacy Practices is found here.

Collection and Use of Personal Information

"Personal Information" refers to information that relates to an identified, or identifiable, person or household. This includes, for example, your first and last name, home address, and/or email address. We may also collect and process sensitive Personal Information, such as Social Security number, payment card number, driver’s license number, or precise geolocation, as further described in this Privacy Policy.

We may collect information from a variety of sources in the course of providing Services to you. The Personal Information we collect, whether sensitive or not, depends on what Services you use and the information you provide or request. For example, Tops collects and retains information you voluntarily provide when shopping in our stores or online (including when you buy gift cards), contacting us through customer contact forms, using our websites or Apps, participating in our various sweepstakes and promotions, enrolling in our Tops Bonus Plus^® Program, and applying for a job. Depending on the types of Services you use, we may collect the following types of Personal Information:

Information You Provide to Us

• Your Communications with Us. If you request information about our Services or create an account with us (which may include activities like: registering for our digital coupons, Tops Bonus Plus^® account, offers, newsletters, or other mailing lists; requesting customer or technical support; or applying for a job), we may collect the following types of Personal Information from you: your name, email address, phone number, mailing address, delivery address, date of birth, the number and ages of persons residing in your household, your Tops Bonus Plus^® account number and certain other preferences. This information is used to deliver and improve our Services and assist us with personalizing our communications and offerings to you. Consistent with your preferences, we may communicate with you via email, postal mail, online advertising, social media, telephone, text message (including SMS and MMS), push notifications, in-app messaging, and other means.


• Payment Information. In order to process payment for our Services, we may collect financial and payment information from you.


• Direct Contacts. We may collect information you provide while directly interacting with a team member in our physical stores or at our offices.


• Employment. If you apply for a job or become an employee, we collect information necessary to process your application or to retain you as an employee. This may include, among other things, your Social Security number, mailing address, and financial information. Providing this information is required for employment.


• Surveys. If you have an account with us, we may contact you to participate in surveys. Should you decide to participate, you may be asked to provide additional information to help us improve our Services and to better personalize our communications, offerings, and recommendations to you.


• Sweepstakes or Contests. We may run sweepstakes or contests. Contact information you provide may be used to reach you about the sweepstakes or contests and for other promotional, marketing, and business purposes. Your participation in such sweepstakes or contests will be governed by separate terms disclosed at the time of such offering.


• SNAP Information. We may collect certain account information from customers that purchase our products under the United States Department of Agriculture Food and Nutrition Service Supplemental Nutrition Assistance Program (“SNAP”), such as your SNAP primary account number, SNAP personal identification number, delivery address and zip code as applicable, customer service data, and feedback.

Information We Collect Automatically from You or from Others

• Automatic Data Collection. We may collect certain information automatically, using session replay and certain other technologies, when you use the Services. This information may include your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, details about your browser, operating system or device, Internet service provider, pages that you visit before, during and after using the Services, information about the links you click, and other information about how you use the Services. This information may be collected by or transmitted to third party service providers who may provide us with session replay and other related technologies. Information we collect may be associated with customer accounts and other devices. This information helps us improve our Services and protect against fraud.
  
  In addition, we may automatically collect data regarding your use of our Services, such as the products you purchase, types of content you interact with, and the frequency, location, and duration of your activities. We may combine your information with other information you provide and information that other people provide when they use our Services. We may also combine your information with information we receive from third parties, in order to serve you better.


• Mobile Applications. We may collect information about your mobile device, including the device's type, operating system version, IP address, device name, and unique device identifiers when you use our Apps. This information helps us improve our Services and protect against misuse and fraud.


• Location Information. We may collect information describing your geolocation when you use the Services. This geolocation information may include approximate geolocation information inferred from your IP address. With your consent, we may also collect precise geolocation information reported by your browser or gathered from your mobile device through GPS, WiFi triangulation, or other technologies. The geolocation information may be used to enhance our Services by providing you offers and information you may find relevant and reducing your wait time for order pick-up. You may limit or opt-out of the collection of precise geolocation information by changing the settings on your mobile device to disable or restrict usage of location services. You can also choose not to provide us with precise geolocation information when prompted.


• Audio/Video Recording. Our stores and corporate headquarters may use video cameras and related security systems to monitor our premises, including our outdoor spaces and offices. These systems record video images but not audio. We may also record calls or other communications when you contact us for customer or technical support. These systems help us recognize and assist customers, prevent fraud and theft and protect our employees and guests. Access to security information is limited to a small group of employees and trusted service providers, and to law enforcement when required to support investigations, prevent fraud or ensure safety.


• Tracking Technologies. We and third parties that provide content, advertising, or other functionality as part of the Services, may use cookies, pixel tags, local storage, and other technologies ("Technologies") to automatically collect information through the Services. These Technologies can consist of small data files placed on your computer, tablet, mobile phone, or other devices that allow us and our partners to record certain pieces of information whenever you visit or interact with our Services. These Technologies enable us to personalize many of the Services for you, including showing you more relevant content and remembering your preferences between visits.
  
  Cookies. Some information, including but not limited to IP address, operating system, browser, and browsing patterns, is either tracked or collected using "cookies" (which are small data files that a website places on your hard drive for record-keeping purposes) or "web beacons" (which are transparent pixel images that are used in collecting information about website usage). We use these Technologies to ensure our content improves and meets your, and other visitors' needs. While some of the cookies we use will be deleted when you finish browsing, we also use persistent cookies. Persistent cookies stay on your device for a period of time to ensure we recognize your device when you revisit the Sites.
  
  Use of information collected by cookies or web beacons allows Tops to customize your shopping experience. Please note that there are options on many web browsers to disable or block cookies. You can choose to use such features to disable or block cookies, but it may impact your use of certain functions. To learn more about your ability to manage cookies and web beacons, please consult the privacy features in your browser’s settings.
  
  Analytics. We may use Google Analytics to collect information about your use of our Sites and Apps. Google Analytics collects certain information, such as the pages you visit, how long you spend on each page, and other websites you visit. This enables us to evaluate the effectiveness of our shopping Services and experiences, develop customized customer offerings and communications, enhance our online marketing programs, and to periodically present advertisements to you on the Sites and on the websites of others. Note, any information you enter into our Site, for example in a search bar, may be shared with analytics providers as part of their services to us. By using the Services, you consent to such sharing.
  
  Tracking Disclosure. We do not respond to web browser "do not track" signals or other similar mechanisms.


• Information from Other Sources. We may obtain information about you from other sources, including from third-party services and organizations to supplement information collected automatically or provided by you. For example, if you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect information about you from that third-party application that you made available via your privacy settings. We may also purchase demographic and other commercially available information about you from other sources.

Disclosing Your Information to Others

We may share the Personal Information we collect about you with a variety of service providers and third parties to help us deliver the Services. The categories of service providers and third parties to whom we provide information include:

• Account Owners. If your Tops Bonus Plus^® Card is shared within your household or otherwise shared with another person, then the other person may be able to view your shopping history and other information associated with the account.


• Affiliates. We may provide your Personal Information to our subsidiaries and affiliated companies.


• Business Partners. We may provide Personal Information to business partners with whom we jointly offer products or Services.


• Service Providers. We may provide your Personal Information to our various service providers. Such service providers may include: information technology and related service providers; payment processors; delivery service providers; customer service providers; third-party marketing and digital advertising providers; and other vendors that otherwise support the provision of the Services.


• Disclosures to Protect Us or Others. We may access, preserve, and disclose to external parties any information we process concerning you if we, in our discretion, believe doing so is required or appropriate to: comply with law enforcement or national security requests or legal process, including a court order or subpoena; protect your, our or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.


• Disclosure in the Event of Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction, including at the negotiation stage, as permitted by law and/or contract.


• SNAP Fulfillment. If you purchase our products under SNAP, to the extent permitted by law, we may share certain data with authorized partners and federal agencies when requested for the purpose of evaluating the online ordering and administration of SNAP to assess for the impact of online purchasing, identify implementation issues, and analyze program integrity concerns.

We may work with third parties to show you tailored ads. We may also work with third-party platforms, like Google or Meta, to show our ads on these platforms. We also share customer purchase data with third-party advertising platforms and retail media networks, which in turn provide deidentified audiences to third parties, such as your favorite product brands, for targeting advertisements. These platforms may also make deidentified information derived from your personal information available to others for measurement, forecasting, and analytics purposes, including through third-party data platforms.

To the extent we process deidentified information, we will maintain and use the information in deidentified form and will not attempt to reidentify the information unless permitted by law. To the extent we share deidentified information with others, we will ensure they agree, in writing, to maintain and use the information in deidentified form and not attempt to reidentify the information unless permitted by law.

In general, we will use your Personal Information for the purposes for which it is collected, for compatible purposes, as permitted or required by law, as necessary to carry out our contractual obligations, and as otherwise provided in this Policy. Once collected, Personal Information is retained for as long as necessary for the purposes for which the Personal Information was originally collected or where Tops has an ongoing legitimate business need to do so, or to comply with applicable legal or regulatory requirements. We also require that any service provider receiving your Personal Information sign an agreement prohibiting them from using your Personal Information for other purposes.

Security of Information

No system for safeguarding Personal Information is 100% secure. However, we take reasonable efforts to safeguard the security of Personal Information. Personal Information is processed in a manner consistent with current recognized industry practices, and is subject to administrative, technical, and physical safeguards to protect the confidentiality, integrity and availability of such information and to reduce foreseeable risks of harm arising from such processing.

Data Rights

If you have a Tops Bonus Plus^® account, you can always access and update your personal information by logging on to your account. You can also delete your account and the information we store in your account by contacting our Tops Customer Care Center at 1-800-522-2522.

Subject to applicable law and depending on where you reside, you may have the right to request and obtain information about, or copies of, your Personal Information that we process, where we obtained your information, the business or commercial purpose for collecting your information, and the third parties with whom your information is shared. You may also have the right to correct your personal information, opt out of sale of your information, or opt out of targeted advertising. Lastly, you may have the right to ask us for information about when we typically delete stored information or ask that your information be deleted.

To exercise these rights, you can submit a request via email at legalnotices@topsmarkets.com, by calling our Tops Customer Care Center at 1-800-522-2522 or by sending a written request to Tops Markets, Attn: Privacy Officer, PO Box 1027 Buffalo, NY 14240-1027.

To process a request of any kind, we will need to verify your identity to safeguard your Personal Information. We will ask you for your name, email, Tops Bonus Plus® Card number, phone number and address to match against data in our systems. If we deny a privacy request, you may be able to appeal our decision by contacting us at legalnotices@topsmarkets.com

If you are an authorized agent submitting a request on behalf of another, please submit the request pursuant to the above instructions. We may require documentation to authenticate the customer's identity and that you are authorized to submit the request on the customer's behalf in order to be able to fulfill your request. Please keep in mind that if we cannot authenticate that you are authorized to act on the customer's behalf or if we cannot authenticate the customer's identity, we may deny the request.

Of course, you are entitled to exercise your rights and be free from retaliation. This means we will not retaliate or discriminate against you for exercising any of your privacy rights.

Links and Online Services

The Sites may contain links to other websites that we do not operate or control. These links do not constitute an affiliation or endorsement by Tops, and we are not responsible for the practices, content or policies of such websites.

Social Media

Our website may include social media features and widgets through platforms such as Meta, Pinterest, X, YouTube and Instagram. Social media features and widgets are subject to their own privacy policies. We encourage you to read the privacy policies of each social media company before engaging with them.

Children

Tops does not knowingly collect Personal Information from children under the age of 13 on our Sites, Apps, or otherwise. If a parent or guardian believes a child has disclosed Personal Information to Tops, please contact us. If we discover we have inadvertently collected the information of a child under the age of 13 and are not required to retain it for legal purposes, we will promptly delete it. We generally do not knowingly collect personal information from children between the ages of 13 and 17, unless they are Tops employees or patients in our pharmacy, but where we do, we use that data for purposes that are strictly necessary under the circumstances, such as providing or maintaining a specific product or service requested.

Instacart and Other Services

Tops offers grocery delivery services through Instacart. Instacart has its own Privacy Policy that also applies to such services, available at https://www.instacart.com/privacy. Tops also offers delivery though other services, which are governed by the privacy policies of those service providers. We may share your information, such as Tops Bonus Plus^® number, with these services to allow you to use them.

Contact Us

In you have any questions about this Policy, please feel free to contact us using one of the following methods:

• Tops Markets
  Attn: Privacy Officer
  PO Box 1027
  Buffalo, NY 14240-1027
• Email: legalnotices@topsmarkets.com
• Customer Care Center at 1-800-522-2522
• Last Updated: 3/1/26