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. 1. Introduction
  2. 2. What Personal Information does Dare Foods Collect?
  3. 3. Why does Dare Foods Collect Personal Information?
  4. 4. How does Dare Foods Collect, Use and Disclose Personal Information?
  5. 5. To Whom does Dare Foods Disclose Personal Information?
  6. 6. Privacy and Dare Foods’ Websites
  7. 7. Changes to this Privacy Policy
  8. 8. Who to Contact and Making Changes to Your Personal Information
  9. 9. Unsolicited Information
  1. 1. INTRODUCTION

    This Privacy Policy applies to Dare Foods and its personnel, representatives and agents. 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 Canadian federal and provincial 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. 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 8. 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.
  2. 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 your name, home address, home telephone number, home email address, preferences and opinions. Consumers: Dare Foods may collect personal information about consumers when they submit information to our websites, call our Consumer Services Contact Centre or otherwise communicate with us (e.g. to enter a contest, send e-CARDS, request information or mailings, buy a product or service, or participate in a survey). Third Parties: In limited circumstances, Dare Foods Limited may collect personal information about third parties. 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) and we will not contact the third party again unless and until the third party contacts us. 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 8 below). 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. 3. WHY DOES DARE FOODS COLLECT PERSONAL INFORMATION?

    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:
    • to understand consumer needs and preferences, and to communicate with website visitors and consumers;
    • to administer the Dare Foods Consumer Services Contact Centre and to respond to consumer inquiries;
    • to conduct surveys, contests and promotions;
    • to conduct research and statistical analysis;
    • to distribute Dare Foods newsletters, promotional information, product samples, coupons and other material to individuals who have voluntarily enrolled in our mailing lists and/or emailing lists, including via third party mailing houses;
    • to develop, enhance, market, sell, provide and inform individuals of, Dare Foods products and services;
    • to develop, enhance, market, sell, provide and inform individuals of, products and services of third parties, including our affiliates and suppliers, with whom Dare Foods has a commercial relationship;
    • to update and verify Dare Foods databases and information provided by third parties;
    • to monitor communications to ensure the consistency and quality of the products and services of Dare Foods, its affiliates, suppliers, distributors, retailers and other third parties with whom Dare Foods has a commercial relationship;
    • with respect to individual service providers, suppliers, distributors and retailers, to: (1) consider whether Dare Foods or any of its affiliates should establish or continue a commercial relationship, including without limitation, to extend credit and to evaluate credit standing and to match credit bureau or credit reporting agency information, to check references and to confer with banking institutions; and (2) establish and maintain commercial relationships, to provide products and services, administer accounts, make and receive payments, facilitate product delivery and returns, and fulfil contractual obligations;
    • to detect and protect Dare Foods and other third parties against error, negligence, breach of contract, fraud and other illegal activity, and to comply with Dare Foods audit requirements, and to audit compliance with Dare Foods policies, procedures, laws and contractual obligations;
    • to engage in business transactions that may involve the sale or transfer of personal information, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Dare Foods or its affiliates or any particular brand, product line or business unit;
    • as permitted by, and to comply with, any laws or regulations; and
    • for any other purpose to which an individual consents.
  4. 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.
    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 8 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
    are 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 website at http://www.darefoods.com/privacy.html and upon request to the Consumer Services Contact Centre via the contact information provided below.
    Individual Access to Personal Information
    Upon 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 Services Contact Centre. 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 8 below.
  5. 5. TO WHOM DOES DARE FOODS DISCLOSE PERSONAL INFORMATION?

    In addition to the purposes identified above, from time to time Dare Foods may collect or disclose personal information from or to:
    • a person who, in the reasonable judgment of Dare Foods, is providing or seeking the information as an agent of the subject individual, such as a parent or guardian of a child under the age of 13;
    • service providers retained by Dare Foods to perform functions on its behalf or to provide services to Dare Foods, such as advertisers, promotion and mailing houses, market researchers, delivery contractors, auditors, website administrators, data processing, information technology and office services, provided such organization or individual does not collect, use or disclose the personal information for any purpose other than to perform such functions or provide services to Dare Foods; or
    • any third party where the subject individual consents to such collection, use or disclosure, or as required or permitted by law.
  6. 6. PRIVACY AND DARE FOODS WEBSITES

    Cookies
    When you access Dare Foods websites, we may use a browser feature called a cookie to collect information that is not personally identifiable (such as 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). 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. We may combine and store personal information about your use of our websites and the online information you have provided with certain other online and offline information we may have collected.
    EMail 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 Services Contact Centre.
    Links
    Our websites may contain links to other websites 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 Limited has no responsibility for such third party websites.
  7. 7. 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 post such changes on our website and they will be available upon request to the Consumer Services Contact Centre. 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.
  8. 8. WHO TO CONTACT, AND MAKING CHANGES TO YOUR PERSONAL INFORMATION

    Consumers and Website Visitors: Please contact our Consumer Services Contact Centre, for English service, send an email to darefoodsinfo_en@darefoods.com or call toll-free 1-800-668-3273 (9 a.m. – 5 p.m. EST, Weekdays) for French service, send an email to darefoodsinfo_fr@darefoods.com, or call toll-free 1-800-461-3273 (9 a.m. – 5 p.m. EST, Weekdays) if you have any questions or comments about this Privacy Policy or to do with any of the following:
    • to correct, update or delete your personal information from our records
    • to correct, update or delete personal information that your child under age 13 has provided to Dare Foods
    • to unsubscribe from mailings and other Dare Foods Limited mailings
    • to report any suspected violations of this Privacy Policy

    Dare Foods Service Providers, Suppliers, Distributors, Retailers and for all other privacy-related inquiries:
    • If you have questions or comments about this Privacy Policy, please contact the Dare Foods representative that you correspond with in the normal course of your business relationship with Dare Foods. If any privacy-related issues or questions are not resolved through our representative, contact our Consumer Services Contact Centre at the numbers noted above.
  9. 9. 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.

    Date Last Revised: January 9, 2009
    Effective October 6, 2004

    Description of Revisions:

    Not applicable

    Dare Foods is committed to protecting your privacy. Please do not hesitate to contact us if you have any questions, comments or concerns about this Privacy Policy.