Privacy Policy
Last Revised: January 27, 2021
1. OVERVIEWThis 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.
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.
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.
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.
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.
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.
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.
b. To Communicate with You. To communicate with you to provide information, Site-related notifications, promotions and recommendations.
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.
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.
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.
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.
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.
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.
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.
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.
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.
l. Cookies and Other Technologies; Do Not Track. Please see Cookies and Other Technologies; Do Not Track above.
6. LINKS TO OTHER WEBSITES
7. CHILDREN'S PRIVACY
8. SECURITY
- 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.
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
a. Changing Your Information. You can make changes to your information, including accessing your information, correcting or updating your information or deleting your information by contacting us at https://www.mckeefoods.com/194/privacy-questions or via email at [email protected], subject to applicable legal restrictions. We may take reasonable steps to verify your identity before providing access to, correction of, update of or deletion of your personal information. You may also make changes to your personal information in your online account by logging in with your email address and password or via a Site.
b. Email Communications. You can make changes regarding receiving emails from us by contacting us at https://www.mckeefoods.com/194/privacy-questions or via email at [email protected] You also can opt out of receiving marketing emails from us by following the opt out or unsubscribe instructions in each such email.
d. Cookies and Other Technologies; Do Not Track. Please see Cookies and Other Technologies; Do Not Track above.
f. Please see Retention above.
g. Please see Your California Privacy Rights below.
Please see Information Collection, Cookies and Other Technologies; Do Not Track, Information Use, Disclosing or Sharing Information, Children’s Privacy, Storage and Retention above and Your California Privacy Rights below.
12. CONTACT INFORMATION
If you have any comments or questions about this Privacy Policy or the practices described herein, you may contact us via mail, toll-free telephone, email or online, as follows:
Mail:McKee Foods Consumer Services
P.O. Box 750 Collegedale, TN 37315
Toll-free telephone:
(800) 522-4499
Email: [email protected]
Online: https://www.mckeefoods.com/194/privacy-questions
13. YOUR CALIFORNIA PRIVACY RIGHTS
Please see Your California Privacy Rights Notice for natural persons who are California residents.
14. REVISIONS TO THIS PRIVACY POLICY
We reserve the right to update or modify this Privacy Policy at any time and from time to time. Please review this Privacy Policy periodically, and especially before you provide any information. This Privacy Policy was made effective on the date indicated above.Your California Privacy Rights Notice
Effective Date and Last Revised: January 27, 2021Your California Privacy Rights Notice (“Notice”) supplements the information contained in the Privacy Policy of McKee Foods and its subsidiaries and affiliates (collectively, “McKee Foods”, “we”, “our” or “us”) and applies in certain circumstances solely to all natural persons who are California residents (”consumers” or “you”).
1. California Consumer Privacy Act Notice
The California Consumer Privacy Act of 2018, as amended (collectively, the “CCPA”), defines "personal information" broadly as information that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with a particular individual or household. This California Consumer Privacy Act Notice also uses that definition for personal information.
a. Categories and Sources of Personal Information We CollectPlease see Information Collection and Cookies and Other Technologies; Do Not Track in our Privacy Policy to understand the categories of personal information we collect from or about you and the categories of sources from which we obtain personal information.
Please see Information Collection and Cookies and Other Technologies; Do Not Track in our Privacy Policy to understand the categories of personal information we have collected from or about consumers in the preceding twelve (12) months and the categories of sources from which we have obtained personal information in the preceding twelve (12) months.
b. Our Collecting, Using and Disclosing or Sharing Personal Information
We disclose or share personal information from or about you with our service providers, third parties and/or other parties for business purposes, such as operational purposes and other purposes related to providing you with the products and services you seek from us. We provide more information about the business purposes or commercial purposes for which we disclose or share personal information in Information Use and Disclosing or Sharing Information in our Privacy Policy. We may disclose or share any of the categories of personal information listed in Information Collection, Cookies and Other Technologies; Do Not Track, Information Use and Disclosing or Sharing Information in our Privacy Policy for business purposes or commercial purposes.
We have disclosed or shared personal information for business purposes in the preceding twelve (12) months as described in Information Use and Disclosing or Sharing Information in our Privacy Policy. Any of the categories of personal information listed in Information Collection, Cookies and Other Technologies; Do Not Track, Information Use and Disclosing or Sharing Information in our Privacy Policy may have been disclosed or shared for business purposes in the preceding twelve (12) months.
We may disclose or share personal information from or about you with the categories of third parties as described in Information Use and Disclosing or Sharing Information in our Privacy Policy. We may disclose or share any of the categories of personal information listed in Information Collection, Cookies and Other Technologies; Do Not Track, Information Use and Disclosing or Sharing Information in our Privacy Policy.
We disclose or share personal information with our service providers, third parties and/or other parties, including to help us market or advertise to you. Please see Information Collection, Cookies and Other Technologies; Do Not Track, Information Use and Disclosing or Sharing Information in our Privacy Policy.
- Identifiers: identifiers such as full name, address, email address, telephone number, user name and password, or other similar identifiers;
- Online Activity: internet or other electronic network activity information, including, but not limited to, browsing activity, search queries, search terms, and information regarding your interaction with websites, applications or advertisements; and
- Derived Data: profiles based on our most common user types created from derived data created 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. Please see Information Collection in our Privacy Policy.
Please refer to Cookies and Other Technologies; Do Not Track, Information Use and Disclosing or Sharing Information in our Privacy Policy to understand the commercial purposes for which we may have sold personal information under California law in the preceding twelve (12) months.
We do not knowingly sell the personal information of consumers under sixteen (16) years of age.
c. Your Rights and Choices
i. Your Rights to Know.
You have the right to request that we disclose certain information to you about our collection, use, disclosure and sale of your personal information in the preceding twelve (12) months. Once we receive and confirm your request to know, we will disclose to you:- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business purpose or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a request to know data portability request).
- If we sold or disclosed or shared your personal information for a business purpose, two separate lists disclosing: sales, identifying the personal information categories that each category of recipient purchased, including categories of third parties; and disclosures or sharing for a business purpose, identifying the personal information categories that each category of recipient obtained, including categories of third parties.
You have the right to request that we delete any of your personal information that we collected from you and retained, in certain circumstances. Once we receive and confirm your request to delete, we will delete from our records, and direct our service providers to delete from their records, your personal information, in certain circumstances.
iii. Exercising Requests to Know and Requests to Delete.
To exercise the request to know and request to delete rights described above, please submit a verifiable consumer request to us at https://www.mckeefoods.com/194/privacy-questions, via email to [email protected] with "CCPA" in the subject line or via toll-free telephone at (800) 522-4499. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information.
A verifiable consumer request must:- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized agent.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
You may only make a request to know twice within a twelve (12)-month period.
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 the personal information relates to you.
We will use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.iv. Response Timing and Format.
We endeavor to respond to requests to know and requests to delete within forty-five (45) calendar days. If we require more time (up to an additional forty-five (45) calendar days), we will provide you with notice and an explanation of the reason that we will take more than forty-five (45) calendar days to respond to the request.
We will deliver our written response via mail or via email, at your option.
The response we provide will also explain the reasons we cannot comply with a verifiable consumer request (including, regarding a request to delete, whether we have complied with that request), if applicable.
Any disclosures we provide will only cover the twelve (12)-month period from the date that we receive the request to know.
For request to know 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, including by email.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.v. Your Rights to Opt-Out and Opt-In.
To exercise the request to opt-out right described above, you (or your authorized agent) may submit a request to opt-out to us via an interactive form accessible via a clear and conspicuous link titled “Do Not Sell My Personal Information,” on the business’s website or mobile application, via email to [email protected] with "CCPA" in the subject line or via toll-free telephone at (800) 522-4499.
We will comply with a request to opt-out as soon as feasibly possible and no later than fifteen (15) business days from the date we receive the request.
We will use personal information provided in a request to opt-out to review and comply with the request.
Please also see www.privacyrights.info or optout.privacyrights.info with respect to service providers, third parties and/or other parties that help us market or advertise to you and that participate in the opt-out tool.
vi. Non-Discrimination.
You have the right not to receive discriminatory treatment by us for the exercise of the privacy rights conferred by the CCPA. Unless permitted by the CCPA, 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 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.
2. Additional Rights under California Law
California Civil Code Section 1798.83 permits individuals who are California residents to request from a business, with whom the California residents have an established business relationship, certain information about the categories of personal information the business has shared with third parties for those third parties’ direct marketing purposes and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year. You can make one request each year by emailing us at [email protected] with "Request for California Privacy Information" in the subject line.
3. Contact Information
4. Notice Update