LAST UPDATE: September 28, 2020
This Policy applies to information we collect on the Site or in emails and other electronic messages between you and this Site, and information gathered when you interact with our advertising on third-party websites if such advertisements include links to this Policy. This Policy does NOT apply to information collected by us offline or through any other means, including on any other website operated by Heartland or any third party or information collected by any third party through any application or content (including advertising) that may link to or be accessible from the Site.
We reserve the right at any time to change: (i) the Policy; (ii) the Site, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Site or the hours that they are available; (iii) any fees or charges, if any, related to the use of this Site; and (iv) the equipment, hardware or software required to use and access this Site.
Any changes we make to this Policy will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this Site. Your continued use of the Site after such notice will be deemed acceptance of such changes. Be sure to return to the Site periodically to ensure you are familiar with the most current version of this Policy.
You may not interfere with the security of, or otherwise abuse the Site or any system resources, services or networks connected to or accessible through the Site. You may only use the Site for lawful purposes.
Heartland does not knowingly or intentionally collect personal information from children under the age of 13. This Site is directed to adults and is intended for use only by adults over the age of 13. If you are under the age of 13, you may not submit any personal information to Heartland at or through the Site, and you should consult with an adult for assistance in using the Site.
1. COLLECTION AND USE OF PERSONAL INFORMATION
Personal Information You Provide The privacy and security of the personal information that Heartland collects from you is a priority for Heartland. “Personal information” is any information that can be used to individually identify you from a larger group. Generally you can visit the Site without providing personal information, unless otherwise mentioned in the Site itself. However there may be circumstances when you may be asked or choose to provide personal information that could reasonably be used to contact you or to identify you personally including, but not limited to, your name, home address, email address, gender, and date of birth.
The personal information that you provide in each case will vary. In some cases, you may be able to provide personal information via email or free text boxes, such as contacting Heartland to request further information. When providing your personal information, please provide only relevant information and do not provide unnecessary sensitive information, such as Social Security numbers or credit card information. Some areas of the Site may ask you to submit personal information in order for you to benefit from the specified features (such as newsletter subscriptions or tips/pointers) or to participate in a particular activity (such as sweepstakes or other promotions). You will be informed what personal information is required and what information is optional when asked to submit personal information to us. By submitting personal information to Heartland at the Site, you hereby consent to Heartland’s collection, use and disclosure of such personal information.
We may combine the personal information you submit directly through the Site with other personal information we have collected from you, whether online or offline. We may also combine it with information we receive about you from other sources, such as other companies, divisions, parents, subsidiaries, and affiliated companies of Heartland, publicly available information sources (including information from your publicly available social media profiles), and other third parties (see “THIRD-PARTY SITES AND SERVICES” below).
You should be aware that when personal information is voluntarily disclosed (e.g., your name, email address, etc.) in any public areas on the Site (such as a message board or blog), that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control and this Policy does not apply to such information. Any submissions to public areas on the Site are accepted with the understanding that they are accessible to all third parties. If you do not want your comments to be viewed by third parties, you are advised not to make any public submissions.
Passive Information Collection and Use As you navigate around the Site, certain information can be passively collected (that is, gathered without you actively providing the information), using various technologies. These technologies may collect information about your behavior and your Device, such as your internet address (IP address), the pages you have viewed, and the actions you have taken while using the Site. We and our third-party service providers passively collect and use information in a variety of ways, including:
Through your browser: Certain information is collected by most browsers, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system version, and Internet browser type and version. We may collect similar information, such as your Device type and identifier, if you access the Site through a mobile Device.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) to disable existing cookies; or (iii) to set your browser to automatically reject any cookies. However, please be aware that if you disable or reject cookies, some features and services on our Site may not work properly because we may not be able to recognize and associate you with your Heartland account(s). In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests.
Flash cookies: Our use of Adobe Flash technology (including Flash Local Stored Objects (“Flash LSOs”)) allows us to, among other things, serve you with more tailored information, facilitate your ongoing access to and use of the Site, and collect and store information about your use of this Site. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Adobe Flash Website Storage Settings Panel available on the Internet. You can also control Flash LSOs by going to the Adobe Flash Global Storage Settings Panel available on the Internet and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Site or our online content.
Pixel tags, web beacons, clear GIFs, or other similar technologies: These may be used in connection with some Site pages and HTML-formatted email messages to, among other things, track the actions of Site users and email recipients, measure the success of our marketing campaigns, and compile statistics about Site usage and response rates.
IP Address: Your IP Address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider. An IP Address is identified and logged automatically in our server log files whenever a user visits this Site, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many websites. We use IP Addresses for purposes such as calculating Site usage levels, helping diagnose server problems, and administering the Site.
Device Information: We may collect information about your Device, such as a unique device identifier.
Do Not Track Requests: Other than as disclosed in this Policy, the Site does not track users over time and across third-party websites to provide targeted advertising. Therefore, at this time Heartland does not respond to Do Not Track signal requests.
Integrated Accounts and Social Media Information We may implement applications or “widgets” from third-party providers (e.g., Facebook, Twitter, etc.) that allow interaction, integration or content sharing with third-party services. These widgets or applications may be visible on a page you visit on our Site or may require log-in through the third-party provider’s service. If you log into a third-party service through our services, you agree to give us permission to access and use your information (e.g., name, profile picture, gender, networks, user ID, and any other information) that you have made accessible on such third-party service. The third party providing the widget or integration may offer controls for you to manage your interactions. Any interaction with a third-party widget or application typically allows the third party to collect some information about you (whether through cookies, registration information or otherwise). These third parties may even track you when you do not interact with the widget. If you have engaged any of these third-party service providers, their respective privacy policies will govern what their online behavior, tracking and collection of information. You should review these third-party policies to understand these practices.
How We Use and Disclose Information We use and disclose personal information you provide to us as described to you at the point of collection, such as when you (1) register your email address with us for marketing purposes, (2) opt in to receive newsletters, (3) participate in, or enter, promotions, contests or sweepstakes sponsored by us, (4) sign up for special offers from select third parties, (5) send email messages or feedback, submit forms or transmit other information by email, (6) post a rating, testimonial, blog comment, or review, (7) email any Site content to a friend, (8) complete a survey, and (9) register for a user account and online profile. If you elect to engage in such activities, we may ask that you provide us personal information, such as your first and last name, date of birth, age, mailing address (including zip code), email address, and telephone numbers.
We also use and transfer personal information from or about you:
- to respond to your inquiries and fulfill your requests, such as to send you documents you request or email alerts;
- to send you important information regarding our relationship with you or regarding the Site, changes to our terms, conditions, and policies and/or other administrative information; and
- for our business purposes, such as data analysis, audits, developing new products, enhancing our Site, improving our products and services, identifying Site usage trends, personalizing your experience on the Site by presenting products and offers tailored to you, and determining the effectiveness of our promotional campaigns.
- to our third-party partners with whom we offer a co-branded or co-marketed promotion, in which case your information may also be subject to the third party’s policies disclosed at the point of collection of your information, if applicable;
- to our third-party service providers who provide services such as website hosting and moderating, mobile application hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email and direct mail delivery services, auditing services, and other services, in order to enable them to provide services; and
- to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
We also use and disclose information we collect passively as described above, under “Passive Information Collection and Use,” and for any other purpose, except where we are required to do otherwise under applicable law (for example, if we are required to treat such information as personal information). In addition, we may use and disclose information that is not in personally identifiable form (such as anonymized, masked or de-identified information) for any purpose. If we combine information that is not in personally identifiable form with information that is (such as combining your name with your geographical location), we will treat the combined information as personal information as long as it is combined.
There are circumstances where Heartland may decide to buy, sell, or reorganize its business in selected countries. Under these circumstances, it may be necessary to share and receive personal information with prospective or actual partners or affiliates. In such circumstances, Heartland will ensure your personal information is used in accordance with this Policy.
2. GENERAL PRINCIPLES FOR THE PROCESSING OF PERSONAL INFORMATION
Personal information will be collected, stored, processed and transmitted in accordance with Heartland’s established policies and applicable federal, state, local and foreign laws, rules and regulations.
The principles of Heartland with respect to the processing of personal information are as follows: (1) personal information will be processed fairly and lawfully, (2) personal information will be collected for specified, explicit, and legitimate purposes and not further processed for incompatible purposes, (3) personal information collected by Heartland will be adequate, relevant, and not excessive in relation to the purposes for which it is collected, (4) personal information collected by Heartland will be accurate and, where necessary, kept up to date to the best of our ability, and (5) personal information collected by Heartland will be retained as identifiable data for no longer than necessary to serve the purposes for which the personal information was collected.
If Heartland engages in the processing of personal information for purposes other than those specified in this Policy, Heartland will provide notice of these changes, the purposes for which the personal information will be used, and the recipients of personal information.
3. THIRD PARTY SITES AND SERVICES
This Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any site or web property (including, without limitation, any application) that is available through this Site or to which this Site contains a link. The availability of, or inclusion of a link to, any such site or property on this Site does not imply endorsement of it by us or by our affiliates.
4. CHOICES AND ACCESS
We give you choices regarding our use and disclosure of your personal information for marketing purposes. You may opt out from:
Receiving marketing communications from us: If applicable and you no longer want to receive marketing communications from us on a going-forward basis, you may opt out of receiving them by contacting us as specified below in the CONTACTING US section. If you contact us for purposes of opting out of marketing communications, please provide your name, identify the form(s) of marketing communications that you no longer wish to receive, and include the address(es) to which it/they are sent. For example, if you no longer wish to receive marketing emails or direct mail from us, tell us that, and provide your name and email or postal address. You may also opt out of receiving marketing communications from us by visiting this Site to update your online profile. In addition, you may opt out of receiving marketing emails from us by following the unsubscribe instructions provided in any such message.
Receiving reminders from us: If applicable and you no longer want to receive reminders from us on a going-forward basis, you may opt out of receiving them by contacting us as specified below in the CONTACTING US section. In your response to us, please provide your name and the email address or phone number at which you receive reminders from us.
Our sharing of your personal information with affiliates and third-party co-marketers: If applicable and you would prefer that we not share your personal information on a going-forward basis with our affiliates and/or third-party co-marketing partners for their marketing purposes, you may opt out of this sharing by contacting us as specified below in the CONTACTING US section. In your response to us, please state that we should no longer share your personal information with our affiliates and/or third-party partners for their marketing purposes, and include your name and email address.
We will seek to comply with your request(s) as soon as reasonably practicable. Please note that if you opt out as described above, we may not be able to remove your personal information from the databases of our affiliates and co-marketing parties with which we have already shared your information (i.e., as of the date that we implement your opt out request). Please also note that if you opt out of receiving marketing-related messages from us, we may still send you important transactional and administrative messages, from which you cannot opt out.
How You Can Access, Change, or Delete Your Personal Information
If applicable and you would like to review, correct, update, or delete the personal information that you have provided via this Site, please contact us as specified below in the CONTACTING US section. We will try to comply with your request as soon as reasonably practicable. You may also visit this Site to update your online profile. Depending upon your location or residency, your jurisdiction may afford you specific rights under law. For more information, please review the “FOR SITE VISITORS IN THE EUROPEAN UNION & UNITED KINGDOM” and “YOUR CALIFORNIA RIGHTS” sections below.
It is your responsibility to provide Heartland with accurate personal information. Except as otherwise set forth in this Policy, Heartland shall only use personal information in ways that are compatible with the purposes for which it was collected or subsequently authorized by you. To the extent necessary for these purposes, Heartland shall take reasonable steps to ensure that personal information is accurate, complete, current and relevant to its intended use.
6. RETENTION PERIOD
We retain your personal information for the period necessary to fulfill the purposes outlined in this Policy, unless a longer retention period is required or allowed by law or to otherwise fulfill a legal obligation.
We use reasonable organizational, technical, and administrative measures to protect personal information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the CONTACTING US section below.
8. USER REGISTRATION AND PASSWORD
Ultimately, you are solely responsible for maintaining the secrecy of your password and/or account information. To ensure effectiveness of your password, we recommend that you do not disclose your user identification or password to anyone. Please be careful and responsible whenever you are online.
9. USE OF SITE BY MINORS
The Site is not directed to individuals under the age of 13 and we request that these individuals not provide personal information through the Site.
10. COMPLIANCE WITH LOCAL LAWS
This Policy is meant to guide Heartland with respect to personal information collected from or about you on the Site. While this Policy applies to personal information generally, the local laws, rules and regulations of jurisdictions that are applicable to Heartland (“Local Laws”) may require standards which are stricter than this Policy and, in such event, Heartland will comply with all applicable Local Laws. Specific privacy policies may be adopted to address the specific privacy requirements of particular jurisdictions.
11. CROSS-BORDER TRANSFER
Your personal information may be stored and processed in any country where we have facilities or service providers, and by using our Site or by providing consent to us (where required by law), you agree to the transfer of information to countries outside of your country of residence, including to the United States, which may provide for different data protection rules, and a lower standard of required protection, than in your country.
12. FOR SITE VISITORS IN THE EUROPEAN UNION & UNITED KINGDOM
Under the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, or “GDPR”), and the United Kingdom’s (“UK”) Data Protection Act of 2018, individuals in the UK and EU are afforded specific rights with respect to their personal information, or “personal data” as defined under the GDPR. For the purposes of this Policy, Heartland operates as a data controller. Any personal data we collect from you is processed in the United States and under the terms of this Policy.
Any personal data we collect from you is processed in the legitimate interest of our business and providing our services to you as the lawful means of such processing. You may always withdraw your consent to our use of your personal data as described below. We will only retain your personal data for the time necessary to provide you the information and services to which you have consented, to comply with the law and in accordance with your rights below.
The data controller is:
Name: Heartland Food Products Group, LLC Address: 14390 Clay Terrace Blvd., Suite 205,Carmel, IN 46032
Access. You may send us a message in accordance with the CONTACTING US section below to request a copy of the personal information our Site databases currently contain.
Automated Processing and Decision-Making. You may send us a message in accordance with the CONTACTING US section below to request that we stop using your personal data for automated processing, such as profiling. In your email, please explain how you wish us to restrict automated processing of your personal data. When such restrictions are not possible, we will advise you accordingly. You can then choose to exercise any other rights under this Policy, to include withdrawing your consent to the processing of your personal data.
Correction or Rectification. You can correct what personal data our Site database currently contains by messaging us in accordance with the CONTACTING US section below to request that we correct or rectify any personal data that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause information to be incorrect. Where applicable, we will ensure such changes are shared with trusted third parties.
Restrict Processing. When applicable, you may restrict the processing of your personal data by submitting a request in accordance with the CONTACTING US section below. In your email, please explain how you wish us to restrict processing of your personal data. When such restrictions are not possible, we will advise you accordingly. You can then choose to exercise any other rights under this Policy, to include withdrawing your consent to the processing of your personal data. Where applicable, we will ensure such changes are shared with trusted third parties.
Object to Processing. When applicable, you have the right to object to the processing of your personal data by submitting a request in accordance with the CONTACTING US section below. When such objections are not possible, we will advise you accordingly. You can then choose to exercise any other rights under this Policy, to include withdrawing your consent to the processing of your personal data. Where applicable, we will ensure such changes are shared with trusted third parties.
Portability. Upon request and when possible, we can provide you with copies of your personal data. You may submit a request using the methods available in the CONTACTING US section below. When such a request cannot be honored, we will advise you accordingly. You can then choose to exercise any other rights under this Policy, to include withdrawing your consent. Where applicable, we will ensure such changes are shared with any trusted third parties.
Withdraw Consent. At any time, you may withdraw your consent to our processing of your personal data through this Site by notifying us via the methods described in the CONTACTING US section below. In your message, please explain what processing you are withdrawing your consent from. Upon receipt of such a withdrawal of consent, we will confirm receipt and proceed to stop processing your personal data. Where applicable, we will ensure such changes are shared with trusted third parties.
Erasure. If you should wish to cease use of our Site and have your personal data deleted from our Site, then you may submit a request via the methods described in the CONTACTING US section below. Upon receipt of such a request for erasure, we will confirm receipt and will confirm once your personal data has been deleted. Where applicable, we will ensure such changes are shared with trusted third parties.
Submit Complaints or Questions. If you wish to raise a complaint on how we have handled your personal data, you can contact us as described below. If you reside in a European Union member state, you may also lodge a complaint with the supervisory authority in your country.
12. YOUR CALIFORNIA RIGHTS
Pursuant to California Civil Code Section 1798.83, we will not disclose or share your personal information with third parties for the purposes of third-party marketing to you without your prior consent.
If you are a California consumer, as defined by the California Consumer Privacy Act of 2018, you may be afforded additional rights with respect to your “Personal Information” as that term is explicitly defined under California law. Any Personal Information we collect is collected for the commercial purpose of effectively providing our services to you, as well as enabling you to learn more about, and benefit from, our services. You may exercise each of your rights as identified below, subject to our verification of your identity.
Access.You may send us a message in accordance with the CONTACTING US section below to request a copy of the Personal Information our Site databases currently contain.
Access.Portability. Upon request and when possible, we can provide you with copies of your Personal Information. You may submit a request via the methods outlined in the CONTACTING US section below. When such a request cannot be honored, we will advise you accordingly. You can then choose to exercise any other rights under this Policy.
Access.Deletion. If you should wish to cease use of our Site and have your Personal Information deleted from our Site, then you may submit a request via the methods outlined in the CONTACTING US section below. Upon receipt of such a request for deletion, we will confirm receipt and will confirm once your Personal Information has been deleted. Where applicable, we will ensure such changes are shared with trusted third parties.
We do not sell your Personal Information. If we ever decide to sell Personal Information, we will update you via this Policy and include a link entitled “Do Not Sell My Personal Information,” to provide you with an opportunity to opt out of sales of your Personal Information.
If a California resident exercises his or her rights under California law, including the CCPA, we shall not discriminate against that California resident by denying our goods or services, charging different prices or rates to similarly situated consumers, providing a different level or quality of our goods or services, or taking any other adverse action.
12. SENSITIVE INFORMATION
Unless we specifically request or invite it, we ask that you not send us, and that you do not disclose, any sensitive personal information (e.g., Social Security numbers, credit card numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through this Site or otherwise to us. In those cases where we may request or invite you to provide sensitive information, we will do so with your express consent.
We may change this Policy. Please take a look at the LAST UPDATE legend at the top of this page to see when this Policy was last revised. Any changes to this Policy will become effective when we post the revised Policy on the Site. Your use of the Site following these changes means that you accept the revised Policy.
Heartland will use a self-assessment approach to verify compliance with this Policy and periodically verify that the Policy is accurate, comprehensive for the information intended to be covered, prominently displayed, implemented and accessible.
If you believe that your personal information has been processed or disclosed in violation of this Policy, Heartland encourages you to raise any concerns using the contact information provided in this Policy. Heartland will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of personal information.
15. CONTACT US
If you have any questions about this Policy, please contact us via one of these methods:
On this Site, via the CONTACT US webpage, if available
or by phone please call 1-888-668-5282 (Monday to Friday, 8am – 5pm EST)
or by email at email@example.com
or please write to the following address:
Promise Beverages Consumer Center, Attention: CCC, 309 South Street, New Providence, NJ 07974