1. OVERVIEW

This Privacy Policy describes the categories of information that McKee Foods and its subsidiaries and affiliates (collectively, “McKee Foods”, “we”, “our” or “us”) collect from users of the www.drakescake.com, www.fieldstonebakery.com, www.littledebbie.com, www.littledebbievending.com, www.mckeefoods.com, www.minimuffins.com and www.sunbeltbakery.com websites (each, a “Site”). This Privacy Policy also explains how McKee Foods may use, disclose or share and protects such information, as well as your choices regarding it. The information we collect and the purposes for which we use or disclose or share it will depend to some extent on how you use a Site and how you interact with us. Throughout this Privacy Policy, “information” includes personal information about you.

PLEASE READ THIS PRIVACY POLICY AND THE TERMS OF USE (THE “TERMS”) CAREFULLY. IF YOU DO NOT AGREE WITH THE PROVISIONS OF THIS PRIVACY POLICY OR THE TERMS, DO NOT USE OR VISIT A SITE. BY USING OR VISITING A SITE, YOU AGREE TO THE PROVISIONS OF THIS PRIVACY POLICY AND THE TERMS. 

2. INFORMATION COLLECTION

We collect the following categories of information in the manner described below. We also can collect information about you through other individuals or our service providers, third parties and/or other parties in the manner described below.

a. We collect information from or about you when you visit or use a Site.

Following are examples of ways in which you can visit or use a Site:

• To create, use or make changes (for example, corrections, updates, or deletions) to your online account with us (for example, to provide user name and password and any other information you provide such as content or comments);
• To provide contact information (for example, full name, address, email address and a telephone number and related preferences), date of birth, information for transactions with us and/or a service provider, third party and/or other party through a Site, information provided in connection with products and services, payment information (for example, credit card information or financial account information for another type of payment), demographic information (for example, date of birth, gender or zip code); and 
• Information when you contact or otherwise interact with us or a service provider, third party and/or other party (for example, your search queries on a Site, requests for information, applying for employment, orders of merchandise, participation in contests, giveaways, surveys and questionnaires, signing up for newsletters, participation in promotions and reporting an issue with a Site).

b. We can receive information about you through other individuals or our service providers, third parties and/or other parties (for example, social networking services), which information can be used as described in this Privacy Policy.

c. We can automatically collect other information from or about you, including:

• Operating system;
• Browser type;
• The referring service, including referring URLs;
• Internet Protocol (IP) address;
• Platform type;
• Software and hardware attributes;
• Domain name of your Internet service provider;
• Your geographic location;
• Your time zone;
• Information regarding your access to and use of a Site; and
• Anonymized information. 

In addition, we can automatically collect information about content viewed or downloaded, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, whether you open an email and your interaction with email content, error logs, and other similar information. 

We, along with our service providers, third parties and/or other parties, can automatically collect such information via cookies, Web beacons, tags, flash cookies or Local Shared Objects, application analytics software, and other technologies. Please see Cookies and Other Technologies; Do Not Track below.

d. We create profiles based on our most common user types. We create derived data from the following demographic information we collect from or about you, including without limitation, age range, ethnicity, gender, geography, household composition and household income range. We use derived data for research, analytics and marketing and advertising. We disclose to or share with our service providers, third parties and/or other parties derived data.

e. We can collect information about you from:

• Social networking services;
• Publicly accessible sources;
• Our subsidiaries and/or affiliates; 
• Other individuals; and
• Our service providers, third parties and/or other parties. 

f. We can combine any of the information we collect from or about you and use it and disclose or share it in the manner described in this Privacy Policy.

3. COOKIES AND OTHER TECHNOLOGIES; DO NOT TRACK

We, along with our service providers, third parties and/or other parties, use cookies, Web beacons, tags, flash cookies or Local Shared Objects, application analytics software, and other technologies. These technologies are used for tracking, advertising, analytics and personalization and optimization of a Site. 

a. Cookies. Cookies are small text files that are stored on your computer. 

• Persistent cookies remain on the user’s computer after the browser has been closed. 
• Session cookies exist only during a user’s online session and disappear from the user’s computer when they close the browser software. 

You can instruct your browser to stop accepting cookies. But if you do not accept cookies, you may not be able to use all portions or all functionality of a Site. Please see www.allaboutcookies.org for additional information about cookies.

b. Web Beacons. Web beacons or tags (small images embedded into websites or emails that send information about your computer when you visit a Site, or open an email we send to you) can be used either by us or a service provider, third party and/or other party.

c. Flash Cookies or Local Shared Objects. We can use flash cookies or Local Shared Objects.

d. Service providers, third parties and/or other parties may collect personally identifiable information about an individual user's online activities over time and across different Internet services when a user uses a Site. 

e. Below are links to resources regarding online analytics: 

For Google Analytics, please see https://policies.google.com/privacy, https://policies.google.com/technologies/partner-sites, https://www.google.com/analytics/terms/ and https://tools.google.com/dlpage/gaoptout.

f. Below are links to resources regarding online advertising: 

For Facebook, please see https://www.facebook.com/about/basics/advertising, https://www.facebook.com/about/privacy and https://www.facebook.com/legal/terms, https://www.facebook.com/help/568137493302217 and https://www.facebook.com/legal/terms/state-specific.

For Instagram, please see https://help.instagram.com/519522125107875, https://help.instagram.com/581066165581870 and https://help.instagram.com/173081309564229?helpref=search&sr=1&query=ads.

g. Ad Networks. We use service providers, third parties and/or other parties, such as network advertisers, to serve advertisements on other websites or other media (for example, a social networking service). This enables us and these service providers, third parties and/or other parties to target advertisements to you for products offered by us and products and services offered by service providers, third parties and/or other parties in which you might be interested. Ad network providers, advertisers, sponsors, and/or traffic measurement services may use cookies, JavaScript, Web beacons, flash cookies or Local Shared Objects and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These cookies and other technologies are governed by each service provider’s, third party’s and/or other party’s specific privacy policy, not this Privacy Policy.

Users in the United States may opt-out of many ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page at http://optout.aboutads.info/#!/ for information about opting out of interest-based advertising and choices regarding having information used by DAA companies at http://digitaladvertisingalliance.org/participating. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page at http://optout.networkadvertising.org/#!/ for information about opting out of interest-based advertising and choices regarding having information used by service providers, third parties and/or other parties who are NAI members at https://www.networkadvertising.org/participating-networks. 

Opting out from one or more companies listed on the DAA Consumer Choice Page at http://optout.aboutads.info/#!/ or the NAI Consumer Opt-Out Page at http://optout.networkadvertising.org/#!/ will remove you from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through a Site or on other websites. Even if you opt-out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page, you may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt-out on the DAA or NAI websites, your opt-out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.

h. Do Not Track. At this time, we do not respond to “Do Not Track” signals sent from Web browsers or other mechanisms that provide users the ability to exercise choice regarding the collection of personally identifiable information about a user’s online activities over time and across service provider, third party and/or other party Internet services. 

Please see Information Collection above and Information Use, Disclosing or Sharing Information, Children’s Privacy, Storage, Retention, Choices Regarding Your Information and Your California Privacy Rights below.

4. INFORMATION USE

We may use the information that we collect from and about you to conduct our business and for any of the purposes described in the Privacy Policy, subject to applicable law. Examples are as follows. 

a. To Provide You with Products and Services. To provide or facilitate providing you with products and services, including to fulfill your orders and transactions and process your payments, process, maintain and service your online account or accounts. 

b. To Communicate with You. To communicate with you to provide information, Site-related notifications, promotions and recommendations.

c. To Respond to You. To respond to you, such as when you place an order or make a transaction, contact us, make a request or inquiry, enter a contest or giveaway, complete a survey or questionnaire or share a comment or concern.

d. For Personalization of Your Experiences with Us. For personalization of your experiences with us, including to remember your interests and preferences, customize the products and services we share with you, facilitate your interactions with us, track and categorize your activity and interests on a Site and to enrich your experience on a Site. 

e. For Marketing and Advertising. For marketing and advertising, such as to send you marketing and advertising communications and to customize the marketing and advertising that we show you. We can also run advertising on other websites and applications via our advertising display partners.

f. For Analytics. For analytics, including to understand how you use a Site, determine how you access a Site and improve a Site, by us or a service provider, third party and/or other party, subject to applicable law.

g. For our Business Purposes. For our business purposes, such as to operate and improve upon our business and lawful business activities, to maintain our online accounts and records, research, product and service improvement and development, to determine your satisfaction with our products and services, to detect and prevent fraud or misuse of our services and for any other business purpose that is permitted by applicable law.

h. For Legal and Safety Purposes. For legal and safety purposes, including to defend or protect us, you or others, from harm or in legal proceedings, protect our rights; protect our security and the security of others and property, respond to court orders, lawsuits, subpoenas and government requests, address legal and regulatory compliance, enforce the Terms and notify you of product recalls or safety issues.

i. Anonymized Information. For collecting, compiling and/or creating anonymized information, which we or a service provider, third party and/or other party can do, subject to applicable law, and which we or a service provider, third party and/or other party can use for any purpose, subject to applicable law.

j. With Your Consent. We can use your information other than as described in this Privacy Policy if we notify you and you consent to such use.

k. At Your Request. We can use your information at your request, subject to applicable law.  

l. For Any Other Purpose with Notice by Us. We can use your information for any other purpose for which we provide you with notice, subject to applicable law. 

m. Cookies and Other Technologies; Do Not Track. Please see Cookies and Other Technologies; Do Not Track above.

Please see Information Collection and Cookies and Other Technologies; Do Not Track above and Disclosing or Sharing Information, Children’s Privacy, Storage, Retention, Choices Regarding Your Information and Your California Privacy Rights below.

5. DISCLOSING OR SHARING INFORMATION 

Information can be disclosed to or shared with service providers, third parties and/or other parties in accordance with this Privacy Policy, subject to applicable law. Please note that a user can choose not to disclose or share certain information. Please see Information Collection, Cookies and Other Technologies; Do Not Track and Information Use above and Children’s Privacy, Storage, Retention, Choices Regarding Your Information and Your California Privacy Rights below. 

a. Service Providers, Third Parties and/or Other Parties.  We can use service providers, third parties and/or other parties to perform certain services on our behalf, including without limitation, payment processing, shipping, monitoring compliance by users with and enforcement of and applying the Terms, auditing interactions and transactions with you, detecting and preventing fraud, addressing security issues, fixing errors, helping us with advertising or marketing, maintaining online accounts and providing customer service, helping with our internal research, verifying product and service quality or safety, and performing any of the other actions or activities allowed under this Privacy Policy. We can disclose or share information about you that they need to perform their functions and in accordance with our agreements with them. 

b. Social Networking Service. If you choose to use a social networking service, information from or about you may be disclosed to, shared with or collected by the social networking service. Please see Choices Regarding Your Information - Social Networking Service below.

c. Subsidiaries and Affiliates.  We can also disclose or share your information with any subsidiary or affiliate of ours for purposes consistent with this Privacy Policy.  Any subsidiary or affiliate of ours will be required to maintain that information in accordance with this Privacy Policy.

d. Direct Marketing. We can disclose or share personal information with third parties for such third parties’ direct marketing purposes. Please see Your California Privacy Rights below.

e. Business Changes. If we become involved in, or engage in the preparatory steps leading to, a merger, acquisition, sale of assets, divestiture, joint venture, securities offering, financing, bankruptcy, reorganization, liquidation, dissolution, or other transaction or if the ownership of all or substantially all of our business otherwise changes, we can disclose, share or transfer your information to another party or other parties and it can be used subsequently by such party or parties. 

f. For Analytics. For analytics, including to understand how you use a Site, determine how you access a Site and improve a Site, by us or a service provider, third party and/or other party, subject to applicable law.

g. Legal and Safety. Other parties such as law enforcement, government entities, courts, or service providers, third parties or other parties as required or allowed by applicable law and/or for enforcement of or applying the Terms, such as for the legal and safety purposes described Information Use above, or otherwise to help prevent harm or fraud to us, you or others. 

h. Anonymized Information. We can disclose or share anonymized information relating to users of a Site with any service provider, third party and/or other party for any purpose, subject to applicable law. 

i. With Your Consent. We can disclose or share your information other than as described in this Privacy Policy if we notify you and you consent to this disclosure or sharing.

j. At Your Request. We can disclose or share your information with any other individual or service provider, third party and/or other party at your request, subject to applicable law. 

k. For Any Other Purpose with Notice by Us. We can disclose or share your information for any other purpose for which we provide you with notice, subject to applicable law. 

l. Cookies and Other Technologies; Do Not Track. Please see Cookies and Other Technologies; Do Not Track above

6. LINKS TO OTHER WEBSITES

This Privacy Policy applies only to a Site. The Site may have links to other websites, to which this Privacy Policy does not apply. The links from the Site do not imply that we endorse or have reviewed these websites. The policies and procedures we describe here do not apply to these websites. We neither can control nor are responsible for the privacy practices or content of these websites. We suggest reviewing the privacy policies of these websites.

7. CHILDREN'S PRIVACY

We do not knowingly collect personal information from individuals under age eighteen (18). If you are under the age of eighteen (18), please do not access, use, or submit any personal information through a Site. If you have reason to believe that we may have accidentally received personal information from an individual under age eighteen (18), please contact us immediately at https://www.mckeefoods.com/194/privacy-questions or via email at [email protected].

8. SECURITY

We take physical, technological and administrative measures to protect the information that you provide through a Site from accidental or unlawful destruction, loss or alteration and from unauthorized access, use or disclosure. Please be aware, however, that no security measures can guarantee absolute security. No Internet or electronic transmission or method of electronic storage is ever fully secure or error free. Internet or electronic communications, including those sent through a Site, may not be secure. You should use caution whenever submitting information through a Site and take special care in deciding which information you provide us with. We encourage you to take steps to help protect the confidentiality and security of your online account and your information, including by doing the following: 

• Reviewing your online account periodically and immediately reporting any unexpected activity or unrecognized information; 
• Installing the latest security updates and anti-virus software on your computer to help prevent malware and viruses; 
• Password protecting your computer; 
• Using complex passwords, not using the same password on more than one website and not sharing your password with others; and 
• Signing out or logging off of website sessions so that your session is closed, especially when using a public computer. 

9. STORAGE

Your personal information is stored on servers in various locations, including the United States. Your personal information may be disclosed in response to inquiries or requests from government authorities in the countries in which we operate. United States federal and state governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your information through laws applicable in the United States. By using a Site, you understand that your information can be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country.

Please see Information Collection, Cookies and Other Technologies; Do Not Track, Information Use, Disclosing or Sharing Information and Children’s Privacy above and Retention, Choices Regarding Your Information and Your California Privacy Rights below.

10. RETENTION

McKee Foods will retain your personal information for as long as reasonably necessary for the purposes outlined in this Privacy Policy, while we have a legitimate business need to do so in connection with your online account, or as required by law (for example, for legal, tax, accounting or other purposes), whichever is the longer.

If you have elected to receive email communications from us, we retain information about your email preferences until you opt out of receiving these email communications and in accordance with our policies.  

To determine the appropriate retention period for your personal information, we will consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we use your personal information and whether we can achieve those purposes through other means and the applicable legal requirements. In certain circumstances, we can anonymize your personal information, subject to applicable law.

Please see Information Collection, Cookies and Other Technologies; Do Not Track, Information Use, Disclosing or Sharing Information, Children’s Privacy and Storage above and Choices Regarding Your Information and Your California Privacy Rights below.

11. CHOICES REGARDING YOUR INFORMATION