Privacy Policy

Last Modified: December 30, 2019

1. OVERVIEW
This Privacy Policy describes the types of information that McKee Foods and its subsidiaries and affiliates (collectively, “McKee Foods”, “we”, “our” and “us”) collect from visitors to and users of the www.drakescake.com, www.fieldstonebakery.com, www.littledebbie.com, www.mckeefoods.com, www.sunbeltbakery.com and www.littledebbievending.com websites (each, a “Site”). This Privacy Policy also explains how McKee Foods may use and disclose and protects such information, as well as your choices regarding it. 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 types of information in the manner described below.

a. We collect information from and 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 third 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);

• Information when you contact or otherwise interact with us or a third 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); and

b. We can receive information from or about you through any other individuals or third parties, including third party service providers and/or third party social networking services, which information can be used as described in this Privacy Policy.

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

• Operating system;

• Browser type;

• Your Internet Protocol (IP) address;

• Domain name of your Internet service provider;

• Your geographic location;

• The Site pages that you visit and the date and time of your visits; and

• Anonymized information.

d. We can collect information about you from:

• Third party social networking services;

• Publicly accessible sources;

• Our subsidiaries and/or affiliates; and

• Our third party service providers and other partners.

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

3. COOKIES AND OTHER TECHNOLOGIES; DO NOT TRACK

We, along with third parties, use cookies, Web beacons, 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 visitor’s or user’s computer after the browser has been closed.

• Session cookies exist only during a visitor’s or user’s online session and disappear from the visitor’s or 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.

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 third party.

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

d. Third 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 for regarding online tracking and targeting:

For Facebook, please see https://www.facebook.com/about/basics/advertising, https://www.facebook.com/about/privacy and https://www.facebook.com/legal/terms.

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 Instagram, please see https://help.instagram.com/402411646841720 and https://help.instagram.com/581066165581870.

For Koupon Media, please see https://www.kouponmedia.com/privacy.

For Pinterest, please see https://www.pinterest.com, https://policy.pinterest.com/en/privacy-policy, https://policy.pinterest.com/en/cookies, https://policy.pinterest.com/en/terms-of-service and https://policy.pinterest.com/en/community-guidelines.

For Sprout Social, please see https://sproutsocial.com/privacy-policy/
https://sproutsocial.com/terms/
https://sproutsocial.com/responsible-disclosure-policy/
https://sproutsocial.com/cookie-notice/.

For Twitter, please see https://help.twitter.com/en/safety-and-security/privacy-controls-for-tailored-ads.

f. Third Party Ad Networks. We use third parties, such as network advertisers, to serve advertisements on third party websites or other media (for example, a third party social networking service). This enables us and these third parties to target advertisements to you for products offered by us and products and services offered by third parties in which you might be interested. Third party 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 third party cookies and other technologies are governed by each third party’s specific privacy policy, not this Privacy Policy.

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

Opting out from one or more companies listed on the DAA Consumer Choice Page http://optout.aboutads.info/#!/ or the NAI Consumer Opt-Out Page 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 third party 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.
g. 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 third party Internet services.
Please see Information Collection above and Information Use, Disclosing Information, Children’s Privacy, Storage, Retention, Choices Regarding Your Information and Your California Privacy Rights below.

4. INFORMATION USE

We or third parties may use the information we collect from and about you for any of the following purposes, subject to applicable law, including:
  •   The purposes for which you provided it (for example, engaging in a transaction with us or a third party);
  •   To respond to your inquiries and requests;
  •   To provide or facilitate providing you with products and services;
  •   To create, use or make changes (for example, corrections, updates, or deletions) to your online account with us;
  •   To send you information about your relationship or transactions with us;
  •   To provide a Site to you, including any notifications about changes to the Site, our policies, terms or any products or services we offer or provide though it;
  •   To improve a Site and to develop new products or services;
  •   To identify you as a user of a Site and make any verification regarding you or your agent;
  •   To provide you with customized Site content, targeted offers, and advertising on the Site or via email or mail;
  •   To allow you to participate in contests, giveaways, surveys and questionnaires;
  •   To contact you with information, including marketing and advertising information, that we believe will be of interest to you, either by us or a third party;
  •   To customize our marketing and advertising;
  •   For testing, research, analysis and product and service development that we or a third party can perform regarding a Site (for example, user base and Site usage);
  •   To collect, compile and/or create anonymous data, which we or a third party can do, subject to applicable law, and which we or a third party can use for any purpose, subject to applicable law;
  •   To analyze how you use a Site and to analyze a Site, which we or a third party can do;
  •   To allow us to personalize and enhance your experience using a Site;
  •   To manage our telecommunications networks;
  •   To send you electronic communications (for example, emails);
  •   To run advertising on third party websites;
  •   To allow you to participate in interactive features on a Site;
  •   To carry out our obligations and enforce our rights arising from any contracts entered into between you and us;
  •   To investigate, and deter against fraudulent, unauthorized, or illegal activity and otherwise protect our users and our business;
  •   To administer and troubleshoot a Site;
  •   In any other way we describe to you at the time you provide your information; and
  •   As otherwise stated in this Privacy Policy and the Terms.

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

5. DISCLOSING INFORMATION

Information can be disclosed to third parties in accordance with this Privacy Policy, subject to applicable law. Please note that a user can choose not to 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. Third Parties and Service Providers. We can use third parties or service providers to perform functions in connection with a Site (for example, providing products or services, data analysis, enhancing the information collected from or about you, business, professional or technical support activities, etc.). We may contract with third parties or service providers to facilitate selling merchandise offered on a Site, including processing payments, fulfilling orders, to send communications via email and/or mail, to provide advertising and marketing services, to support Site functionality, to support contests, giveaways, surveys, questionnaires and other features offered through a Site, to provide customer service and to provide ecommerce services. In addition, a third party social networking service can make information from or about you available to us. Please see Choices Regarding Your Information - Social Networking below. We can use third parties or service providers to perform any of the actions or activities allowed under this Privacy Policy. We can share information about you that they need to perform their functions and in accordance with our agreements with them.

b. Subsidiaries and Affiliates. We can also 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.

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

d. Business Changes. If we become involved in 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 share or transfer your information to a third party or parties and it can be used subsequently by such third party or parties.

e. Investigations and Law. To the extent permitted by applicable law, we can disclose information about you to third parties to:
• Enforce or apply the Terms and other agreements;
• Comply with law, in response to subpoenas, warrants, or court orders, or in connection with any law or legal process or cooperate with government or law enforcement agencies or officials or private parties, including laws outside of your country of residence;

• Protect our rights, reputation, safety and property or in an emergency, or that of our users or others;
• To resolve disputes;

• Protect against legal liability;

• Establish or exercise our rights to defend against legal claims; or

• To investigate, prevent or take action regarding suspected illegal activities, suspected fraud, the rights, reputation, safety or property of us, users or others, violation of the Terms, our policies or agreements or as otherwise required by law.

f. Site Analysis. We or a third party can analyze how you use a Site and can analyze a Site.

g. Anonymized Information. We can share anonymized information relating to visitors to and users of a Site with any third party for any purpose, subject to applicable law.

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

i. At Your Request. We can share your information with any other individual or third party or service provider at your request.

j. For Any Other Purpose with Notice by Us. For any other purpose for which we provide you with notice, subject to applicable law.

k. 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 third-party 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 18. If you are under the age of 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 18, please contact us immediately via https://www.mckeefoods.com/www/consumer.

8. SECURITY

Although we take physical, technological and administrative measures to protect the information you provide through a Site against accidental or unlawful destruction, loss or alteration and from unauthorized access, use, or disclosure, we cannot guarantee its absolute security. No Internet or electronic communication transmission 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 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 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 Information, Children’s Privacy and Storage above and Choices Regarding Your Information and Your California Privacy Rights below.

11. CHOICES REGARDING YOUR INFORMATION

You have choices regarding your information on a Site.

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 via https://www.mckeefoods.com/www/consumer.

b. Email Communications. You can make changes regarding receiving emails from us by contacting us via https://www.mckeefoods.com/www/consumer. You also can opt out of receiving marketing emails from us by following the opt out or unsubscribe instructions in each such email

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

d. Social Networking. You should make sure you are comfortable with the information that a third party social networking service can make available to us by carefully reviewing the service’s privacy policy and terms and conditions and by modifying your privacy settings directly on that service.

e. Please see Retention above.

Please see Information Collection, Cookies and Other Technologies; Do Not Track, Information Use, Disclosing 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: 

http://www.mckeefoods.com/www/docs/153/mckee-foods-consumer-comments

13. YOUR CALIFORNIA PRIVACY RIGHTS

Section 1798.83 of the California Civil Code 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 types 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.

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.