Privacy Policy

LACTALIS HERITAGE DAIRY CONSUMER PRIVACY POLICY

Effective Date: July 1, 2023

Last Updated Date: July 1, 2023

This Consumer Privacy Policy (this “Policy”) describes how Lactalis Heritage Dairy, Inc. and its subsidiaries and affiliates (collectively referred to as “Lactalis,” “us,” “we,” or “our”) collects, uses and discloses personal information when you use or access (1) our websites, including lactalisheritagedairy.com; kraftnaturalcheese.com; breakstones.com; crackerbarrelcheese.com, and knudsen.com, and all pages associated thereto (collectively referred to as the “Sites” or individually referred to as a “Site”), (2) the Lactalis page or profile on any social media network, including without limitation, Instagram and Facebook (the “Lactalis Social Media Pages”), or (3) any other location this Privacy Policy is made available to you (items (1) through (3) are collectively referred to herein as “the Services” or “our Services”).

By using the Services, you acknowledge that you have read through the collection, use and disclosure practices and other activities described in this Policy. If you do not agree to how Lactalis collects, uses and discloses personal information as described in this Policy, please discontinue use of the Services.

WHAT THIS POLICY COVERS.  This Policy covers Lactalis’ customer facing operations in the United States, and applies to the personal information Lactalis obtains in various contexts, both online and offline, including when you access or use our Sites or any other applications or services that link to this Policy; you participate in any sweepstakes we administer; communicate with us; shop with our third-party partners; engage with us on social media; or participate in any of our programs or events.

We may provide different or additional privacy notices in connection with certain activities, programs, and offerings. We may also provide additional “just-in-time” notices that may supplement or clarify our privacy practices or provide you with additional choices regarding your personal information.

This Policy does not cover personal information of employees, job applicants or business contacts that we have collected to aid in providing or receiving a product or service to and from another business (“B2B Information”).  For more information regarding our privacy practices as it relates to B2B Information, please review our B2B Privacy Policy.

Our Sites may include links to websites and/or applications operated and maintained by third parties. Please note that we have no control over the privacy practices of websites or applications that we do not own. We encourage you to review the privacy practices of those third parties.

WHAT PERSONAL INFORMATION WE COLLECT.  The types of personal information we obtain about you depends on how you interact with us. When we use the term “personal information,” we are referring to information that identifies, relates to, describes, or can be associated with you or a household. The following are the categories and specific types of personal information that we collect:

Identifiers and other “Personal Information” described in 1798.80(e) of the California Civil Code): Including your full name, information to verify that you are 18 years or older, alias, postal address, e-mail address, phone number, account name, signature, username, social media handle, device identifier, internet protocol (IP) address or ad identifier.

Internet or Other Network Activity: Including browsing or search history and information regarding your interactions with our Sites, emails, or advertisements.

Non-Precise Geolocation Data: Including information that permits us to determine city and state.

Commercial Information: Including Products you have purchased, returned, exchanged, or considered, credit or debit card numbers, username and password, and similar security information for account creation, authentication and administration.

User Content/Communications: Including your communications with us and any other content you provide to be published or displayed or posted on public areas of the Sites, including, without limitation, Lactalis’ social media accounts (“User Contributions”). User Contributions could include recipe or product feedback and ratings and recipe exchanges.

Correspondence: If you have questions or require help with a product or the Services, we will collect and store your communication (including call recordings and written correspondence) with us, and any information provided to us in such communication.

Sweepstakes, Promotions & Contests: Including registration information such as username and password.

Refer a Friend:  If you take advantage of our “Send to a Friend” option, we will ask you for your friend’s and your first name and e-mail addresses to send the information to them that you requested.

Audio and Visual Information: Including photographs, images, videos, and recordings of your voice (such as when we record customer service calls for quality assurance).

HOW WE COLLECT YOUR PERSONAL INFORMATION.  We collect personal information from various sources, including:

Directly from You: We collect personal information you provide, such as when you make a purchase; contact us; respond to a survey; register for or participate in a sweepstakes, contest, or other similar campaign or promotion; or sign up to receive emails, text messages, and/or postal mailings.

Automatically by Using Online Tracking and Data Collection Technologies: When you visit our websites, open or click on emails we send you, or interact with our advertisements, we or third parties we work with (such as Google Analytics) automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies. This may include the URL of the page you’re visiting and your IP address, which may include details such as your city and state.

For more information, please see  “Cookies and Similar Online Tracking Technologies” section below.

Through Facilities and Other Offline Technologies: We record customer service calls and maintain a transcript of chats for quality assurance and training purposes. We also use Closed Circuit Television or CCTV in our facilities for safety, security, fraud, loss prevention, and operational purposes.

From Our Affiliates: We receive information from other companies within the Lactalis family of companies and affiliates. Our “family of companies” is the group of companies related to us by common control or ownership. Information is disclosed within this “family” as a normal part of business operations.

From our Business Partners: We obtain information from businesses that we have partnered with, such as grocery stores, and other partners we choose to collaborate or work with.

Social Media Platforms and Networks: If you interact with us on social media or use features, such as plugins, widgets, or other tools made available by social media platforms or networks (including Instagram, Facebook, Twitter, Google, YouTube, and Pinterest) in connection with our websites, we collect information that you disclose to us, or that the social media platforms disclose to us. For more information about the privacy practices of those social media platforms, please review the privacy policies and settings of the social media platforms and networks that you use.

Other Sources: We may obtain information about you from other sources, such as data analytics providers, marketing or advertising service providers, fraud prevention service providers, vendors that provide services on our behalf, or publicly available sources. We also create information based on our analysis of the information we have collected from you.

Parties to corporate transactions. As permitted by law, we may receive personal information as part of a corporate transaction or proceeding such as a merger, financing, acquisition, bankruptcy, dissolution, or at transfer, divestiture, or sale of all or a portion of a business or assets.

HOW WE USE YOUR PERSONAL INFORMATION.  We collect and use personal information for various purposes, including:

Providing Products and the Services: We use your personal information to provide products and the Services, such as to fulfill your orders and/or complete the transactions you request; to verify you are at least 18 years old; to process your payments; to provide you receipts and order updates; and to send notifications to you concerning purchases, returns, and exchanges, profile, or program membership, including offering functionalities such as easy checkout and the ability to save user preferences and transaction history; and to provide a forum for discussion, asking questions, posting photos and reviews, and sharing experiences.  Depending on the products you request, the categories of information used for these purposes may include Identifiers, Payment Information, and Commercial Information.

Communicating With You: We use your personal information to communicate with you, such as to respond to and/or follow-up on your requests, inquiries, issues, or feedback, and to provide customer service.

Marketing and Promotional Purposes: We use personal information for marketing and promotional purposes, such as to send marketing, advertising, and promotional communications by email, text message, or postal mail (such as trend alerts, promotions, and new product launches); to show you advertisements for products and/or services tailored to your interests on social media and other websites; and to administer our sweepstakes, contests, and other similar promotions.

Administering Sweepstakes and Other Contests: We will use personal information for administering the sweepstakes and purposes disclosed at the time of registration. You should carefully review the Official Rules of any sweepstakes or contest in which you participate. You may also choose to review the policies of the social media platforms on which any of our sweepstakes or contests may run, such as Facebook or Twitter, as they may contain additional important and applicable information.

Analytics and Personalization: We use personal information to conduct research and analytics, including to improve our product offerings; to understand how you interact with our websites, advertisements, and communications with you; to determine which of our products are the most popular; to improve the Sites, and marketing campaigns; to personalize your experience; to save you time when you visit our Sites; to customize the marketing and advertising that we show you; to understand how you use our Sites; to better understand our customers’ needs; and to provide personalized recommendations about our products.

Security and Fraud Prevention: We use personal information to detect, investigate, prevent, or take action regarding possible malicious, deceptive, fraudulent, or illegal activity, including fraudulent transactions; attempts to manipulate or violate our policies, procedures, and terms and conditions; security incidents; and harm to the rights, property, or safety of Lactalis and our users, customers, affiliates, business partners, employees, or others.

Legal Obligations: We use personal information to comply with our legal or regulatory obligations, to establish or exercise our rights, and to defend against a legal claim.

Core Business Functions: We use personal information to support core business functions, including to maintain records related to business process management, loss, and fraud prevention; to collect amounts owing to us; and to provide and maintain the functionality of our Sites, including identifying and repairing errors or problems.

HOW WE DISCLOSE YOUR PERSONAL INFORMATION. We disclose personal information to the following categories of recipients and in the following circumstances:

Affiliates: We disclose personal information with our corporate affiliates, including our parent company, sister companies, and subsidiaries.  Such corporate affiliates process personal information on our behalf as our service providers, where necessary to provide a product that you have requested, or in other circumstances with your consent as permitted or required by law.

Service Providers: We disclose certain personal information to service providers that perform services to support our core business functions and internal operations including: fulfilling orders; delivering packages; complying with your request for the shipment of products to; sending postal mail, e-mails, and text messages; analyzing customer data; providing marketing assistance; administering our sweepstakes and contests; supporting beacons; processing credit card and debit card payments; investigating fraudulent activity; conducting customer surveys; and providing customer service.

Business Partners: We disclose your personal information with businesses that we have partnered with to jointly create and offer a product or joint promotion. If you decide to obtain a product or service that is offered by these partners, the information you provide will be disclosed to us and them. Their use of your information is not governed by this Policy but by their own respective privacy policies.

Social Media Platforms and Networks: Some of our Sites have features such as, plugins, widgets, and/or other tools made available by social media platforms and networks that may result in information being collected or disclosed between us and such parties. Their use of your information is not governed by this Policy.

Public Forums: Some of the Sites provide the opportunity to post content in a public forum (such as recipe or product feedback and ratings and recipe exchanges). If you decide to submit information in these public forums, that information will be publicly available.

Legal Process: We may disclose personal information in response to subpoenas, warrants, court orders, government inquiries, or investigations; or to comply with relevant laws and regulations. We may also disclose information to establish, exercise, or protect the rights of our company, employees, agents, and affiliates; to defend against a legal claim; to protect the safety and security of our visitors; to detect and protect against fraud; and to take action regarding possible illegal activities or violations of our policies.

Merger or Acquisition:  We may use your personal information in connection with certain corporate events such as a potential merger, sale of company assets, financing, insolvency or acquisition of all or a portion of our business to another company.

COOKIES AND SIMILAR ONLINE TRACKING TECHNOLOGIES.  We and our third–party partners and service providers (such as advertising and analytics providers) use pixels, web beacons, software developer kits, third–party libraries, cookies, and other similar online tracking technologies (collectively, “online tracking technologies”) to gather information when you interact with the Sites and our email communications.  Some online tracking technologies help us maintain the security of the Sites, prevent crashes, fix bugs, save your preferences, and assist with basic website functions.

We also permit third parties and service providers to use online tracking technologies on the Sites for analytics and advertising, including to help manage and display advertisements and to tailor advertisements to your interests (depending on your communication preferences). The third parties and service providers use their technology to provide advertising about products and services tailored to your interests which may appear either on our websites or on other websites.

To the extent these online tracking technologies are deemed to be a “sale” / “sharing” (which includes targeted advertising, as defined under the applicable laws) under applicable U.S. state laws, you can opt-out of these online tracking technologies by clicking on Your Privacy Choices or emailing us at LHD_Privacy@us.lactalis.com with the words “Right to Opt-Out” in the subject line. Please note, some features of our websites may not be available to you as a result.

HOW LONG WE RETAIN YOUR PERSONAL INFORMATION.  Your personal information will be saved only for as long as it is needed for the purposes it was collected. It is difficult to specify the length of time that we will need to keep your personal information, particularly given the many types of personal information that we may hold. In fact, some personal information may be kept for a variety of purposes. We regularly review our need to keep personal information while taking applicable legislation into account. Generally, we save your personal information during our business relationship with you for as long as necessary and for the time needed for tax and book-keeping purposes and other legal requirements. Moreover, we also store personal information to the extent we believe it is necessary to protect our legal rights, interests, and the interests of others. Your personal information may also be stored for a longer period if required by applicable statutory retention periods.

In some circumstances we may de-identify your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Where there are technical limitations that prevent deletion or de-identification, we safeguard personal information and limit active use of it.

HOW WE PROTECT YOUR PERSONAL INFORMATION.  Personal Information is maintained on our servers or those of our service providers, and is accessible by authorized employees, representatives, and agents as necessary for the purposes described in this Policy. We maintain reasonable and appropriate physical, electronic, and procedural safeguards designed to help protect your personal information. While we attempt to protect your personal information in our possession, no method of transmission over the internet or security system is perfect, and we cannot promise that information about you will remain secure in all circumstances.

YOUR PRIVACY CHOICES AND RIGHTS.  Consistent with applicable law, you may exercise the rights described in this section. Please note that some of the rights may vary depending on your state of residence.

Right to Opt-Out of the “Sale” or “Sharing” or Targeted Advertising.  Our use of online tracking technologies may be considered a “sale” / “sharing” or “targeted advertising” under applicable law. Visitors to our Sites can opt out of being tracked by these third parties by clicking on Your Privacy Choices or emailing us at LHD_Privacy@us.lactalis.com with the words “Right to Opt-Out” in the subject line.

Residents of Colorado, Connecticut, and Virginia can opt out of targeted advertising by clicking on Your Privacy Choices or emailing us at LHD_Privacy@us.lactalis.com with the words “Right to Opt-Out” in the subject line.

Categories of personal information disclosed that may be considered “sale” / “sharing” or “targeted advertising”: Identifiers, Internet or Other Network Activity, Non-Precise Geolocation Data, Commercial Data about the products you have purchased and your use of the Services, Sweepstakes, Promotions & Contests and Inferences.

Categories of third parties to whom personal information was disclosed that may be considered “sale”/ “sharing” or “targeted advertising”: Businesses, Service Providers and Third Parties, such as advertisers and marketing partners, data analytics providers, and social media networks.

The Right to Limit the Use of Sensitive Personal Information.  California residents have the right to limit the use of sensitive personal information. This right is only afforded to individuals if a business uses an individual’s sensitive personal information for purposes not otherwise disclosed and as necessary in order to perform the services or provide products to the individual. We do not use sensitive personal information for purposes other than as disclosed and as necessary to perform services or provide products to you.

The Right to Access, Correct and Delete Personal Information.  You may have the right to request access to and receive details about the personal information we maintain about you and how we have processed it, correct inaccuracies, get a copy of, or delete your personal information. You may also have the right to withdraw your consent to our processing of your personal information.  Depending on your state of residence, you may have the following rights:

Access: If you are a resident of California, Colorado, Connecticut, or Virginia, you have the right to confirm whether or not we are processing your personal information and the right to access it.

Portability: If you are a resident of California, Colorado, Connecticut, or Virginia, you have the right to obtain a copy of the personal information that you previously provided to us in a portable and, to the extent technically feasible, readily usable format.

Correction: If you are a resident of California, Colorado, Connecticut, or Virginia, you have the right to correct inaccuracies in your personal information.

Deletion: If you are a resident of California, Colorado, Connecticut, or Virginia, you have the right to delete your personal information provided by or obtained about you. Please note that there are exceptions where we do not have to fulfill a request to delete information, such as when the deletion of information would create problems with the completion of a transaction or compliance with a legal obligation.

Right to Not Be Discriminated Against for Exercising Your Rights: If you are a resident of California, Connecticut, or Virginia, you have the right not to be discriminated against (e.g., not offering you goods/services or different pricing) for exercising any of the rights afforded to you.

Right to Appeal.  If you are a Colorado, Connecticut, or Virginia resident, you may appeal our decision with respect to exercising any of the rights afforded to you by law. To do so, please contact us emailing us at LHD_Privacy@us.lactalis.com with the words “Appeal My Privacy Right” in the subject line. We respond to all appeal requests as soon as we reasonably can, and no later than legally required.

Identity Verification.  Only you, or an authorized agent may make a verifiable consumer request related to your personal information. The verifiable consumer request must: 1) Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative of that person; and 2) Describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it. We cannot respond to your request to exercise your access, portability, correction and/or deletion rights if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Authorized Agent.  Residents of California, Colorado, and Connecticut may designate an authorized agent to submit a request on your behalf to access or delete your personal information. To do so, you must: (1) provide that authorized agent written and signed permission to submit such request; and (2) verify your own identity directly with us. Please note, we may deny a request from an authorized agent that does not submit proof that they have been authorized by you to act on your behalf.  If you have been designated as an authorized agent to submit a request on behalf of another customer, you must make the appropriate selection when you submit the request.

How to Submit a Request: To exercise any of these rights, please submit a request through our online form available here or email us at LHD_Privacy@us.lactalis.com, with the words “Exercise My Privacy Rights” in the subject line.  In the request, please specify which right you are seeking to exercise and the scope of the request.  We will confirm receipt of your request within 10 days.  We may require specific information from you to help us verify your identity and process your request.  If we are unable to verify your identity, we may deny your request.

Response Timing and Format: We attempt to respond to a verifiable consumer request within 45 days after we receive it. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing within 45 days after we receive your initial request. The response we provide will also provide the reasons we cannot comply with a request, if applicable. For access 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. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Complaints: We commit to resolve complaints about your privacy and our collection or use of your
personal information. We ask that you submit your inquiries or complaints to LHD_Privacy@us.lactalis.com.

MANAGING COMMUNICATION PREFERENCES

Email: You can stop receiving promotional emails at any time by clicking on the “unsubscribe” link at the bottom of any promotional email that you receive from us.

Postal Mail: You can stop receiving promotional mail at any time by emailing us at LHD_privacy@us.lactalis.com] or calling us at 800-538-1998.

Removing Content from Lactalis’ Public Forums: You can request that we remove content or information that you have posted on a public page on some of our Sites (such as part of a ratings & review by emailing us at lhd_privacy@us.lactalis.com.

INTERNATIONAL TRANSFERS.  We are based in the United States, and we have corporate affiliates and service providers that may be located other countries. If you are accessing the Services from outside of the United States, please be aware that information collected through the Services may be transferred to, processed, stored, and used in the United States and other countries where privacy laws may be less stringent than the laws in your country. Your use of the Services or provision of any information to us therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of information about you in the United States. and other jurisdictions as set out in this Privacy Policy.

CHILDREN’S PRIVACY.  The Services are intended for a general audience and not directed at children. We do not knowingly collect personal information (as defined by the U.S. Children’s Privacy Protection Act, or
“COPPA”) from children under the age of 13 If we become aware that a child under the age of 13 has provided us with personal information, we will delete the information from our records. If you are a parent or guardian and believe we have collected personal information of a child under the age of 13, please contact us at LHD_Privacy@us.lactalis.com.

We do not knowingly “sell,” as that term is defined under California law, the personal information of minors under 16 years old.

CHANGES TO THIS POLICY.  We may revise this Policy from time to time and will post the date it was last updated at the top of this Policy. We will provide additional notice to you if we make any changes that materially affect your privacy rights.

CONTACT US. If you have any questions or concerns regarding this Policy, please feel free to contact us at the following email or mailing address. We would be happy to answer your questions or hear your concerns.

Lactalis Heritage Dairy

540 W. Madison Street, Suite 300

Chicago, IL 60661

Attention: Data Privacy Team

Email: LHD_Privacy@us.lactalis.com

9 a.m. – 5 p.m. Central Time, Monday through Friday, excluding holidays.

CALIFORNIA DISCLOSURES.  California law requires us to disclose the following additional information with respect to our privacy practices. If you are a California resident, this section applies to you in addition to the rest of this Policy.

SHINE THE LIGHT.  California residents with an established business relationship with us can request information once a year about sharing their personal information with third parties for the third parties’ direct marketing purposes. If you would like to request more information under the California Shine the Light law, and if you are a California resident, you can email us at LHD_Privacy@us.lactalis.com. Please include “California Shine the Light Request” in the subject line and in the body of your message. Please note that “Shine the Light” rights and CCPA rights are granted by different laws and must be exercised separately.

ADDITIONAL DISCLOSURES & RIGHTS FOR CALIFORNIA RESIDENTS. These additional disclosures apply only to California residents. This Policy describes our current privacy practices and our practices for the 12 months preceding the Effective Date of this Policy.

• Categories and Specific Pieces of Personal Information We Collect About You. You can find a list of the categories of personal information that we collect in the section above titled  “WHAT PERSONAL INFORMATION WE COLLECT”
• Categories of Sources from Which Your Personal Information is Collected: For details regarding the sources from which we obtain personal information, please see the section above titled “HOW WE COLLECT YOUR PERSONAL INFORMATION”.
• Business or Commercial Purposes for Collecting, Selling or Sharing Your Personal Information: For details the regarding the business or commercial purposes for which we collect and use personal information, please see the section above titled “HOW WE USE YOUR PERSONAL INFORMATION”.

• Categories of Third Parties to Whom We Disclose Your Personal Information to: For details regarding with whom we disclose your personal information to, please see the section above titled “HOW WE DISCLOSE YOUR PERSONAL INFORMATION”.
• How Long We Retain Your Personal Information: For details regarding how long we retain personal information, please review the section above titled “HOW LONG WE RETAIN PERSONAL INFORMATION”.
• Your California Privacy Rights: For details regarding how to exercise your privacy rights, please review the section above titled “YOUR PRIVACY CHOICES AND RIGHTS”.