Privacy

Privacy

UPDATED NOVEMBER 2023


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 websites we maintain, which include www.drakescake.com, www.fieldstonebakery.com, www.littledebbie.com, www.littledebbievending.com, www.jobs.mckeefoods.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 WE COLLECT

 

Personal information is data that identifies, relates to, describes, can be used to contact, or could reasonably be linked directly or indirectly to you. Personal information does not include information that is anonymized, de-identified, or aggregated, as those terms may be defined under applicable law.

We collect some personal information directly from you. Other information is automatically collected or generated when you interact with us.


Information We Collect Directly from You

 

We collect information directly from or about you, such as when you visit or use a Site to: sign up for marketing or request other communications from us; sign up for our newsletter; participate in promotions, contests, or giveaways; respond to our surveys or questionnaires; make purchases through our Sites; or contact our customer service team.

 

The types of information we may collect from you include:

 

  • Identifiers, such as your name, telephone number, physical address, email addresses, login credentials, and date of birth; 
  • Commercial information, such as details about your purchases, your purchase history, offers you have signed up for, promotions, contests, or giveaways you have participated in;
  • Demographic information, such as gender; and
  • Financial account information, such as payment information you provide when making a purchase.

 

Information We Automatically Collect or Generate about You

 

We automatically collect or generate certain personal information about you based on your interactions with us, such as when you use our Sites. The information we may automatically collect or generate includes:

 

  • Identifiers, such as device identifiers and Internet Protocol (IP) address;
  • Internet or network activity information, such as information about your device’s operating system, browser type, the referring service, including referring URLs, platform type, software and hardware attributes, domain name of your Internet Service Provider, information regarding your access to and use of a Site, 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;
  • Location information, such as your general location and time zone;
  • Inferences, such as information about your preferences or interests drawn from other personal information we collect.

 

We, along with our service providers, third parties and/or other parties, may automatically collect such information via cookies, Web beacons, tags, flash cookies or Local Shared Objects, application analytics software, and similar web tracking technologies. Please see “Cookies and Other Technologies below.


3.   HOW WE USE YOUR INFORMATION


We may use personal information for the following purposes:


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, and 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.

 

c. 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.

 

d. 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 may also run advertising on other websites and applications via our advertising partners.

 

e. 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.

 

f. 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 other business purposes permitted by applicable law.

 

g. 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, to protect our rights, to protect our security and the security of others and property, to respond to court orders, lawsuits, subpoenas, and government requests, to address legal and regulatory compliance, to enforce the Terms, and notify you of product recalls or safety issues.

 

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

 

i. At Your Request. We can use your information at your request, subject to applicable law. We may also deidentify personal information so that it cannot be used to identify you and is no longer considered personal information under applicable laws. We will maintain and use this data only in deidentified form and will not attempt to re-identify the data.


4.   HOW WE DISCLOSE YOUR INFORMATION


We may disclose personal information to service providers, third parties and/or other parties in accordance with this Privacy Policy and as legally required or permitted by law. In the past 12 months, we have disclosed personal information to:


a. Service providers. These parties may include vendors, consultants, contractors, and other service providers who perform services or functions on our behalf, for business purposes. For example, our service providers include companies who support us with payment processing, shipping, compliance monitoring, 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, providing analytics, and performing any of the other actions or activities allowed under this Privacy Policy. We disclose the following categories of personal information to service providers: Identifiers, commercial information, demographic information, financial account information, internet or other network activity information, location information, and Inferences.

 

b. Business partners. For example, we might disclose information to an affiliate or a third party who is running a joint promotion with us or who provides a product or service in partnership with us. We may also disclose the following categories of personal information to business partners: Identifiers, commercial information, financial account information, internet or other network activity information, location information, and Inferences.

 

c. Advertising and marketing partners. We may disclose to these parties to, for example, manage and deliver advertising, including targeted advertising, to measure the effectiveness of our advertising campaigns, and to better understand your preferences and interests. These third parties may use the information we provide to deliver tailored advertising to you on our and third-party digital properties. We may disclose the following categories of personal information to advertising and marketing partners: Identifiers, demographic information, internet or other network activity information, location information, and Inferences.

 

d. Subsidiaries and affiliates. We may 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. We disclose the following categories of personal information to our subsidiaries and affiliates: All categories of personal information listed above under “Information We Collect”.

 

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 may disclose, share or transfer your information to another party or other parties and it can be used subsequently by such party or parties. We may disclose the following categories of personal information in the event of business changes: All categories of personal information listed above under “Information We Collect”.

 

f. Legal and Safety. We may also disclose personal information to 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 above, or otherwise to help prevent harm or fraud to us, you, or others. We may disclose the following categories of personal information to third parties for legal and safety purposes: All categories of personal information listed above under “Information We Collect”.

 

g. With Your Consent. We may disclose your information other than as described in this Privacy Policy if we notify you and you consent to this disclosure or sharing. We may disclose the following categories of personal information with your consent: All categories of personal information listed above under “Information We Collect”.

 

h. At Your Request. We may disclose your information with any other individual or party at your request, subject to applicable law. We may disclose the following categories of personal information at your request: All categories of personal information listed above under “Information We Collect”.

 

5.   COOKIES AND OTHER TECHNOLOGIES


We, along with our service providers, third parties and/or other parties, may use cookies, Web beacons, tags, flash cookies or Local Shared Objects, application analytics software, and other technologies on the Sites. 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. There are different types of cookies, including: Persistent cookies, which remain on the user’s computer after the browser has been closed; and Session cookies, which persist only during a user’s online session. 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 may also use flash cookies or Local Shared Objects.


d. Using these technologies, service providers, third parties and/or other parties may collect personal 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. 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.


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 participating 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 participating 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.


For more information about opting out of cookies used in connection with “sales,” “sharing,” and “targeted advertising,” as those terms are defined under applicable privacy laws, please refer to the “Choices Regarding Your Rights” section below. California residents can also refer to the “Your California Privacy Rights Notice” below.


6.   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 privacy@mckee.com.


7.   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.


8.   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.

 

9.   CHOICES REGARDING YOUR INFORMATION


You may have choices regarding your personal information and your marketing preferences.

You can make changes regarding receiving emails from us by contacting us at https://www.mckeefoods.com/194/consumer-protection-act or via email at privacy@mckee.com. You also can opt out of receiving marketing emails from us by following the opt out or unsubscribe instructions in each such email.

 

Depending on the state in which you reside, you may have the following privacy rights, subject to statutory limitations:

  • Your Rights to Know and Access: You may have a right to request information about the personal information that we collect, use, disclose, share, and sell, including requesting the specific pieces of personal information we have collected about them.
  • Right to Correct: You may have a right to request that we correct inaccurate personal information.
  • Right to Delete: You may have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions.
  • Right to Opt Out of “Sales,” “Sharing,” or Use for Targeted Advertising: As described above, we may disclose your personal information to select third parties. Some laws may treat these disclosures as “sales” or “sharing,” and related advertising may be considered “targeted advertising” in some jurisdictions. You may have the right to direct us not to sell or share personal information or to opt out of certain targeted advertising where information is processed across unaffiliated or differently branded websites and applications.
  • You have the right not to receive discriminatory treatment by us for the exercise of the privacy rights conferred by applicable law.

Exercising Your Rights


To exercise the request to know, correct, and delete rights described above, please submit a request to us at https://www.mckeefoods.com/194/consumer-protection-act, via email to privacy@mckee.com with “Privacy Rights” in the subject line, or via toll-free telephone at (800) 522-4499. Only you, or a person that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information.


To exercise the request to opt-out right described above, you (or your authorized agent) may click here: https://www.mckeefoods.com/194/consumer-protection-act.


You may also contact us using the methods described in this section to appeal a decision we make relating to your rights request, subject to applicable law.


For requests to access, correct, or delete your personal information, we require that you provide the following information:

  • State of residence
  • First and last name
  • Email address and confirmation that the request is submitted by a natural person (for requests submitted online)
  • Phone number (for requests submitted by phone)
  • Postal address


For requests from authorized agents, agents must provide proof that the consumer gave the agent signed permission to submit the request on their behalf (or, if applicable, that the consumer provided the agent with power of attorney).

 

We will use personal information provided in a consumer request to verify the requestor’s identity or authority to make the request. We may not be able to fulfil your request if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

 

10. FINANCIAL INCENTIVE PROGRAMS


Residents of certain jurisdictions also have the right to opt out of financial incentive programs we may offer, like when we offer discounts for our products when you sign up for our mailing list.

We may collect Identifiers (such as your name, email address, and birthdate) that you provide in exchange for discounts or other promotions and subject to the terms presented to you at the point of registration.


You can opt out of receiving newsletters or other marketing communications at any time by clicking the unsubscribe link in the emails. If you opt out of receiving newsletters or marketing communications from us or if you delete your personal information, we can no longer provide such discounts or financial incentives.


11. WE ESTIMATE THE VALUE OF THE CONSUMER INFORMATION WE COLLECT BY CONSIDERING THE REVENUE GENERATED BY OUR EMAIL MARKETING EFFORTS, THE COST OF OUR EMAIL MARKETING SYSTEMS, AND THE TOTAL NUMBER OF SUBSCRIBERS TO OUR MARKETING MATERIALS. IN THE PAST YEAR, WE ESTIMATE THE VALUE OF EACH NEWSLETTER SUBSCRIBER’S DATA TO BE APPROXIMATELY $2.42.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:
privacy@mckee.com


Online:
https://www.mckeefoods.com/194/consumer-protection-act 


12. YOUR CALIFORNIA PRIVACY RIGHTS

Please see Your California Privacy Rights Notice for natural persons who are California residents.


13. 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. We will notify you of any material changes to our Privacy Policy by posting an updated copy on our website.


Your California Privacy Rights Notice

Effective Date and Last Revised: November 2023


This 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 California residents (“consumers” or “you”).


1. SUMMARY OF OUR PROCESSING OF PERSONAL INFORMATION


We collect the following categories of personal information:

  • Identifiers;
  • Commercial information;
  • Demographic information;
  • Financial account information;
  • Internet or other network activity information;
  • Location information; and
  • Inferences.

 

We collect personal information for the following purposes, as described further under “How We Use Your Information”:

 

  • To Provide You with Products and Services; 
  • To Communicate with You;
  • For Personalization of Your Experiences with Us; 
  • For Marketing and Advertising;
  • For Analytics;
  • For our Business Purposes;
  • For Legal and Safety Purposes;
  • With Your Consent; and
  • At Your Request.

 

We may also deidentify personal information so that it cannot be used to identify you and is no longer considered personal information under applicable laws. We will maintain and use this data only in deidentified form and will not attempt to re-identify the data.

 

We retain the personal information we collect for as long as reasonably necessary to achieve the purposes disclosed at the point of collection or in this Privacy Policy, unless a shorter retention period is required by law. The length of retention may vary depending upon factors such as:

  • 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.


Some of our disclosures may constitute “sales” or “sharing” under California law, such as where we disclose information for targeted advertising purposes.


For a list of the categories of personal information disclosed for business purposes in the past 12 months, please refer to the “How We Disclose Your Information” section of the Privacy Policy above. Below we have listed the categories of personal information we have disclosed in the past 12 months to advertising and marketing partners in a way that may be considered a “sale” or “share” under California law:


  • Identifiers; internet or other network activity information; location information; and Inferences.


To exercise your right to opt out of sales or sharing under California law, you (or your authorized agent) may click here: https://www.mckeefoods.com/194/consumer-protection-act

We do not “sell” or “share” sensitive personal information, and we do not knowingly “sell” or “share” the personal information of minors under 16 years of age.


2. YOUR 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 privacy@mckee.com with “Request for California Privacy Information” in the subject line.

 

You also have additional privacy rights under California law. For a description of these rights, please see “Choices Regarding Your Information”

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