DARE FOODS PRIVACY POLICY

Dare Foods Limited and Dare Foods Inc. (“Dare Foods” or “we”) respect your privacy and will only collect, use, and disclose your personal information in accordance with this Privacy Policy. This Privacy Policy outlines the type of personal information that is collected by Dare Foods from consumers, suppliers, distributors, service providers, website visitors and other individuals (“individuals” or “you”) and how we use and protect it. This Privacy Policy also tells you what to do if you do not want your personal information used for marketing purposes, and how you can change information you have already provided to us.

1. INTRODUCTION

This Privacy Policy applies to Dare Foods and its personnel, representatives, agents, and third parties unto which Dare Foods has transferred information for processing. As used in this Privacy Policy, “Dare Foods” does not include resellers or distributors of Dare Foods products and services. Dare Foods shall comply with all applicable laws and privacy legislation as it is enacted and applicable privacy legislation in jurisdictions where Dare Foods carries on business. Dare Foods’ operations in jurisdictions with less stringent privacy laws are expected to make all reasonable efforts to meet the requirements of this Privacy Policy. However, nothing in this Privacy Policy or otherwise will create, or add to, any right or claim (whether legal, equitable or otherwise) that any individual or person may have at law or otherwise against Dare Foods or any of its directors, officers, employees, agents or representatives (collectively, “Dare Foods”); nor will the existence of this Privacy Policy or its application impose any obligations or liability upon Dare Foods, or add to any such obligation or liability, that Dare Foods does not already otherwise have to any individual or person at law or otherwise.

Consent

BY SUBMITTING PERSONAL INFORMATION, YOU AGREE TO DARE FOODS COLLECTION, USE AND DISCLOSURE OF SUCH PERSONAL INFORMATION FOR THE PURPOSES DESCRIBED IN AND IN ACCORDANCE WITH THIS PRIVACY POLICY AND AS PERMITTED OR REQUIRED BY LAW. IF YOU DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY PLEASE DO NOT ACCESS OR USE THE FEATURES OF THIS WEBSITE. Subject to legal and contractual requirements, and reasonable notice, you may refuse or withdraw your consent to certain of the purposes described in Section 3 at any time by contacting us as described in Section 10. If you refuse or withdraw your consent, we may not be able to provide or continue to provide products, services and information which may be of value to you.

Any information gathered is stored by Dare Foods within North America.

We may use one or more parts of our Marketing Platform (defined below) to collect your personal information.  In this Privacy Policy, “Marketing Platform” means the resources used by us or our agents, affiliates and service providers to receive or collect information, including the following resources:

2. WHAT PERSONAL INFORMATION DOES DARE FOODS COLLECT?

“Personal information” as used in this Privacy Policy means information about an identifiable individual, as defined in applicable privacy laws. Personal information may include, but is not solely limited to, your name, home address, home telephone number, home email address, preferences, transcripts of any telephone conversations with our organization, metadata, social media information (as applicable), and personal opinions or comments.

Consumers: Dare Foods may collect personal information about consumers when they submit information to our Marketing Platform, call our Consumer Services Contact Centre or otherwise communicate with us (e.g. to enter a contest, request information or mailings, buy a product or service, participate in a survey, complete a review, or any other interaction with Dare Foods).

Third Parties: In limited circumstances, Dare Foods may collect personal information about third parties, but only once provided by a consumer. Dare Foods does not solicit third party personal information. For example, some of our websites offer visitors the ability to send information to a friend by email (a recipe). A visitor may provide us with his or her friend’s name and email address. Please note that Dare Foods will use such information only for the specified purpose (e.g. to send the recipe). Dare Foods will not contact the third party again or use or disclose the third parties’ personal information without the knowledge and consent of the third party. Children: Dare Foods is committed to protecting the privacy of children and we do not knowingly solicit information from children under the age of 13. If a child under the age of 13 wishes to send us personal information, he or she is required to provide Dare Foods with his or her parent’s or guardian’s email address so that we can obtain permission. If a child has already provided us with personal information, his or her parent or guardian may contact us for the purpose of correcting or deleting this information (please see, “Who to Contact” in Section 10 below). If we discover that a child under the age of 13 has provided us with personal information, we will undertake all reasonable efforts to delete such personal information. We encourage parents of children under the age of 13 to regularly check and monitor their children’s use of email and the Dare Foods websites.

3. WHY DOES DARE FOODS COLLECT PERSONAL INFORMATION?

Dare Foods limits its collection of personal information as to that which is necessary for the purposes identified in this Privacy Policy. Dare Foods and its agents, affiliates and service providers may collect, use and/or disclose personal information for one or more of the following purposes:

4. HOW DOES DARE FOODS COLLECT, USE AND DISCLOSE PERSONAL INFORMATION

Dare Foods collects, uses and discloses personal information in accordance with the following ten privacy principles which form the basis of this Privacy Policy, and of which Dare Foods adopts and acknowledges.

Accountability

Dare Foods is responsible for personal information under its control and has designated Privacy Officers to be accountable for Dare Foods compliance with this Privacy Policy and applicable laws.

Identifying Purposes for Collection of Personal Information

Dare Foods identifies the purposes for which personal information is collected at or before the time the personal information is collected. Some of the identified purposes for which Dare Foods currently collects, uses or discloses personal information are described in Section 3 above.

Obtaining Consent for Collection, Use or Disclosure of Personal Information

The knowledge and consent of an individual are required for the collection, use, or disclosure of his or her personal information, except as permitted by law. In obtaining consent, Dare Foods uses reasonable efforts to ensure that an individual is advised of the identified purposes for which personal information will be used or disclosed. In determining the appropriate form of consent, Dare Foods takes into account the sensitivity of the personal information and the reasonable expectations of a reasonable person. An individual may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. At that time, Dare Foods will advise the individual of the implications of such withdrawal.

Limiting Collection of Personal Information

Dare Foods limits the collection of personal information, both the amount and the type of information, which is necessary for the purposes identified by Dare Foods. Dare Foods collects personal information by fair and lawful means, and not by misleading or deceiving individuals about the purpose for which information is being collected.

Limiting Use, Disclosure, and Retention of Personal Information

Dare Foods does not use or disclose personal information for purposes other than the identified purposes for which it is collected, except with the consent of the individual or as required or permitted by law. Dare Foods retains personal information only as long as is necessary to fulfil the identified purposes.

Accuracy of Personal Information

Personal information held by Dare Foods is as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used. Information will be sufficiently accurate, complete, and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about an individual. Dare Foods does not routinely update personal information, unless such process is necessary to fulfil the identified purposes. We rely on individuals to inform us of any changes to their personal information. To update your personal information, please see Section 10 below.

Security Safeguards

Dare Foods protects personal information by security safeguards appropriate to the sensitivity of the information. Dare Foods uses reasonable efforts and security measures to protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use, modification, disposal or destruction.

Openness Concerning Policies and Practices

Dare Foods makes this Privacy Policy readily available to individuals in order to provide specific information about its policies and practices relating to the management of personal information. This Privacy Policy is available on the Dare Foods websites at www.darefoods.com and www.darefoodsUS.com and upon request to the Consumer Care team  via the contact information provided below.

Individual Access to Personal Information

In response to the written request from an individual, Dare Foods will inform the individual of the existence, use, and disclosure of his or her personal information and, subject to certain exceptions provided by law, will give the individual a reasonable opportunity to review the personal information collected by Dare Foods who will make every reasonable effort to provide personal information in an understandable form within a reasonable time, generally within 30 days, and at minimal cost to the individual. An individual will be able to challenge the accuracy and completeness of the information and have it amended as appropriate. If access is denied, Dare Foods will inform the requesting individual in writing.

Challenging Compliance

Consumers may address a challenge concerning compliance with this Privacy Policy to Dare Foods Consumer Care. Suppliers, resellers, distributors, retailers and other organizations and individuals may contact their Dare Foods representative. If an issue is not resolved, individuals may contact Dare Foods. All contact information is provided in Section 10 below.  

No Sale of Your Personal Information

Dare Foods does not, and will not, sell any of your personal information.

5. TO WHOM DOES DARE FOODS DISCLOSE PERSONAL INFORMATION?

In addition to the purposes identified above, from time to time, at its sole discretion but limited to the terms of this Privacy Policy, Dare Foods may collect or disclose personal information from or to:

6. PRIVACY AND DARE FOODS WEBSITES

Cookies

When you access Dare Foods websites, depending on your internet browser, we may use a browser feature called a cookie to collect information, such as your Internet Protocol (IP) address, the type of Internet browser and operating system you use, the domain name of the website from which you came, number of visits, average time spent on our website, and pages viewed.  Depending on the laws in your country, this information may or may not be considered personal information.  A cookie is a small text file containing a unique identification number that identifies your browser, but not you, to our computers each time you visit one of our websites that uses cookies. Unless you specifically inform us (e.g. by completing a Dare Foods e-newsletter enrolment form), we will not know who you are. In addition to the identified purposes described in our Privacy Policy, Dare Foods may use this cookie information and share it with our affiliates and other organizations with whom we have a commercial relationship to measure the use of our websites and to improve the functionality and content of the websites.

Online and Offline Communications

In order to provide you with a product, service or information, you may voluntarily submit personal information to us for purposes such as registering for our services, obtaining information, corresponding with us, and participating in contests and surveys. Voluntarily submission of your personal information is deemed as explicit consent to collect, use, or disclose your personal information in accordance with this policy. We may combine and store personal information about your use of our Marketing Platform and the online information you have provided with certain other online and offline information we may have collected.

E-mail Communications

If you subscribe to any of our e-newsletters or other similar website services, Dare Foods may send you email communications with information that may be useful to you, including information about the products and services of Dare Foods, its affiliates and other third parties with whom we have a commercial relationship. We will include instructions on how to unsubscribe and inform us of your preferences if you decide you do not want to receive any future marketing or promotional emails from Dare Foods. In addition, at any time you may let us know that you wish to discontinue such mailings or contact by contacting the Consumer Care team. If you opt-out of receiving emails about recommendations or other information we think may interest you, Dare Foods reserves the right to still send you transactional emails about your account, including confirmation of payment or any other necessary Services you have requested or received from us.

Links

Our websites may contain links to other websites and online platforms (e.g., social media and marketplace platforms) which are provided to you as a convenience only. You are advised that other third party websites may have different privacy practices than Dare Foods, and Dare Foods has no responsibility for such third party websites and online platforms. For information about the privacy practices that apply to such external sites and online platforms, please check the privacy policy of the specific site you are visiting to understand the privacy practices associated with that site and online platforms.

7. California Residents

Under California Civil Code Section 1798.83 (also known as Information-Sharing Disclosure, Shine the Light), if you are a California resident and your business relationship with us is primarily for personal, family, or household purposes, you may request certain data regarding our disclosure, if any, of your personal information to third parties for the third-parties’ direct marketing purposes.  To make such a request under this California law, please contact us in accordance with Section 10.  You may make such a request up to once per calendar year.  In accordance with this California law, we will provide to you, by e-mail, a list of the categories of any of your personal information disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, along with the third parties’ names and addresses and any other information required by this California law.   

8. European Union Residents

Legal Bases for Processing Personal Information 

If you are a resident or citizen of a member-country of the European Union, the General Data Protection Regulation ((EU) 2016/679)) (“GDPR”) may provide you with certain rights beyond the rights stated in this Privacy Policy.  For information about the GDPR, you may visit https://ec.europa.eu/info/law/law-topic/data-protection/data-protection-eu_en.  In accordance with the GDPR, we may process your personal information without your consent under several cases, including cases in which:

Consent 

If we desire to process any of such personal information for cases that require your prior consent pursuant to the GDPR, we will not do so without obtaining your prior consent in accordance with the GDPR. 

Transfers of Personal Information 

To the extent we transfer any personal information from any member-country of the European Union to any other country, we will satisfy the conditions required for such transfer under the GDPR and other applicable laws.  For example, depending on the circumstance, we may implement any of the following measures to satisfy such conditions: (a) appropriate safeguards to protect such personal information, including binding corporate rules, standard data protection clauses, an approved code of conduct, an approved certification mechanism, or any other measure set forth in the GDPR, provided that, in each such case, we will implement the applicable measure in accordance with the requirements of the GDPR; or (b) a procedure or measure to confirm that: (i) such transfer is necessary or that you have explicitly consented to such transfer; (ii) such the transfer is not repetitive, concerns only a limited number of data subjects, and is necessary for the purposes of compelling legitimate interests pursued by us; and (iii) we have satisfied the additional requirements set forth in the GDPR. 

9. CHANGES TO THIS PRIVACY POLICY

Dare Foods reserves the right to modify or supplement this Privacy Policy at any time. If we make any change to this Privacy Policy, we will reasonably undertake to alert consumers of said changes by posting an alert about such changes on our websites, or the specific changes will be available upon request to the Consumer Care team. However, Dare Foods will seek an individual’s consent if it seeks to collect, use or disclose his or her personal information for purposes other than those to which the individual has consented unless otherwise required or permitted by law.

10. WHO TO CONTACT, AND MAKING CHANGES TO YOUR PERSONAL INFORMATION

Consumers and Visitors of our Marketing Platform: Please contact our Consumer Care Centre, for English service, send an email to consumercare@darefoods.com or call toll-free 1-800-668-3273 (9 a.m. – 5:30 p.m. CST, Weekdays) for French service, send an email to consumercare@darefoods.com , or call toll-free 1-800-668-3273  (9 a.m. – 5:30 p.m. CST, Weekdays) if you have any questions or comments about this Privacy Policy or to do with any of the following:

Alternatively, you may contact us regarding these matters by mailing a letter to the following address:  
Dare Foods Limited
25 Cherry Blossom Rd,
Cambridge, Ontario, N3H 4R7, Canada
Attention: Legal Department

Dare Foods Service Providers, Suppliers, Distributors, Retailers and for all other privacy-related inquiries:

11. CROSS BORDER TRANSFERS/STORAGE

We might offer our products, services or parts of our Marketing Platform on a worldwide basis and might rely upon the services or facilities of our agents, affiliates and service providers located in Canada, the United States and other countries throughout the world.  In accordance with applicable laws, we may: (a) transfer your personal information from Canada or the United States to countries outside of either such country, where it may be stored and processed for the uses described in this Privacy Policy; and (b) transfer your personal information from a country outside of Canada or the United States to another country, where it may be stored and processed for the uses described in this Privacy Policy.

12. UNSOLICTED INFORMATION

Dare Foods constantly strives to improve its product lines and develop new ones. However, it has found that certain precautions are necessary when it receives unsolicited disclosures from people outside the company. Therefore, except for any personally identifiable information that we may collect from you in accordance to our Privacy Policy, any and all remarks, suggestions, ideas, graphics or other unsolicited information that you communicate to Dare Foods will become the said property of Dare Foods and you waive all rights which you may have in the unsolicited information, unless you and Dare Foods enter into a separate agreement in writing signed by both you and Dare Foods. Dare Foods and its associated corporations will be free to copy, disclose, distribute, alter, incorporate and otherwise use the unsolicited information you submit for any and all commercial or non-commercial purposes, without any obligation to consult with or compensate you or others for such information. 

13. POLICY UPDATES

The date provided at the beginning of this Privacy Policy is the latest revision date of this Privacy Policy.  To request a prior version of this Privacy Policy, please contact us in accordance with Section 10. 

Revision History:
Date Last Revised: February 26, 2021
Effective October 6, 2004
Description of Revisions: General revisions

End of Privacy Policy

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