Last updated: September 13, 2023
TABLE OF CONTENTS
- COLLECTION OF PERSONAL INFORMATION
- HOW WE USE YOUR PERSONAL INFORMATION
- SHARING YOUR PERSONAL INFORMATION
- SECURITY OF PERSONAL INFORMATION
- DATA RETENTION
- INTERNATIONAL TRANSFERS
- PRIVACY POLICIES OF THIRD-PARTY WEBSITES
- NO USE BY CHILDREN
- CONTACT INFORMATION
- PRIVACY RIGHTS
- JURISDICTION-SPECIFIC NOTICES
Residents in the European Economic Area (“EEA”), Switzerland, United Kingdom (“UK”),California, Colorado,Connecticut, and Virginia should refer to the body of this Privacy Statement as well as the “Jurisdiction-SpecificNotices” section below for additional information that may be applicable to them.
Acceptance of this Statement of Privacy
U.S. Based Organization
Tolerant Foods, LLC is headquartered in the United States and our data processing mostly happens in the United States.
2. COLLECTION OF PERSONAL INFORMATION
To enable Tolerant to provide you with requested information, market to you, provide special offers and drawings, and respond to consumer requests and complaints, Tolerant may collect Personal Information from you when you use the Tolerant Website. Tolerant collects Personal Information whenever you use the store locator feature, register to receive our emails, register for any services, provide ratings or reviews of Tolerant products or recipes, or sign up for and participate in promotions and special offers, or drawings offered by Tolerant. Tolerant may also collect Personal Information when you contact us, use our social media sites, or attend our live events.
For our business contacts, we may receive your contact information, such as your personal identifiers (including your name, telephone number, and email address) and/or professional or business-related information (including your business address), through our online or offline interactions with you, such as when we work together on aproject or discuss opportunities to work together. We may send you emails or call you with information about ourbusiness dealings, news, or marketing information to communicate with you for business purposes.
3. HOW WE USE YOUR PERSONAL INFORMATION
Tolerant uses Personal Information for: marketing and promotional purposes (for example, offering Tolerant Website users the opportunity to: receive information, participate in special promotions and acquire Tolerant promotional products, or receive marketing emails whether from Tolerant or by its business partners andindependent contractors); developing enhancements to the Tolerant Website; in connection with insurance mattersin relation to consumer complaints; and evaluating Tolerant Website usage, including by analyzing usage data in the aggregate.
4. SHARING YOUR PERSONAL INFORMATION
Tolerant may share and disclose your Personal Information with, or collect or use your Personal Informationthrough, our parent, affiliates, associates, agents, suppliers, service providers marketing providers, and such otherthird parties as Tolerant, acting reasonably, may deem necessary for the fulfillment of the purposes listed above or where otherwise permitted by law.
Tolerant may also share your Personal Information: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Tolerant or its affiliated companies; (3) enforce the termsor use; or (4) act to protect the interests of its users and customers. Tolerant’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Tolerant’s right to comply with governmental, court and law enforcement requests or requirements relating to your use ofthe Tolerant Website or information provided to or gathered by Tolerant with respect to such use.
Tolerant may also disclose any Personal Information about you 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 our business or assets.
Tolerant may be required to disclose an individual’s Personal Information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
5. SECURITY OF PERSONAL INFORMATION
Safeguarding personal information is important to us. While no systems, applications, or websites are 100% secure, Tolerant takes reasonable and appropriate steps to help protect personal information from unauthorizedaccess, use, disclosure, alteration, and destruction. In addition, we limit access to your Personal Information to those employees, agents, contractors and other third parties who have a business need to know. Such agents and contractors will only process your Personal Information on our instructions, and they are subject to a duty of confidentiality.
6. DATA RETENTION
We will only retain your Personal Information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reportingrequirements. We may retain your Personal Information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for Personal Information, we consider the amount, nature and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.
In some circumstances you can ask us to delete your data: see the “Privacy Rights” section below for further information.
7. INTERNATIONAL TRANSFERS
8. PRIVACY POLICIES OF THIRD-PARTY WEBSITES
The Tolerant Website may contain hyperlinks to third party websites, and while Tolerant makes all reasonableefforts to hyperlink to websites that share our high standards and respect for privacy, Tolerant does not control and is not responsible for the content or the privacy practices of third-party websites. As such, Tolerant encourages you to review the privacy statements of websites you choose to link to from the Tolerant Website so that you can understand how those websites collect, use and share your information.
9. NO USE BY CHILDREN
Our services and the Tolerant Website are not intended for children under 16 years of age. We do not intentionally gather Personal Information about individuals who are under the age of 16. Moreover, individuals under 18 years old are not allowed to register for our contests, newsletter, clubs or activities. We do not knowingly collect, maintain, or use data about individuals who are under the age of 16. If a child has provided us with Personal Information, a parent or guardian of that child may contact us to have the information deleted fromour records. If you believe that we might have any information from a child under the age of 16, please contact use at email@example.com. Also, if we learn that any information has been posted by a child, we will promptly delete that information.
11. CONTACT INFORMATION
- Call: Tolerant – (800) 922-7455
- Email: firstname.lastname@example.org
Tolerant Foods, LLC
c/o Barilla America, Inc.
Attn: Compliance Americas 885 Sunset Ridge Rd.
Northbrook, IL 60062
12. PRIVACY RIGHTS
Certain jurisdictions have specific legal requirements and grant privacy rights with respect to Personal Information, and we will comply with restrictions and any requests you submit as required by applicable law. Forexample, you may have the right to: (1) obtain a copy of Personal Information we maintain about you in aportable format; (2) correct inaccuracies or incompletion in your Personal Information; (3) object to the continued processing or use of your Personal Information; (4) complain to a supervisory authority; (5) or request that Personal Information be blocked, anonymized or deleted. You may also have the right to not be discriminated against for exercising your privacy rights. If you are a California, Colorado, Connecticut, Virginia, EEA, Switzerland, or UK resident, see our “Jurisdiction-Specific Notices” section below for additional information as to how to exercise rights under the laws of those jurisdictions. If you are located outside that jurisdiction and seek to exercise your rights under the law of another jurisdiction, please contact us by emailing email@example.com.
To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information. We may need to request specific information from you to help us confirm your identity.This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. When you make a request, we may also contact you to ask you for further information in relation toyour request to speed up our response and require you to follow procedures so that we can verify your identity (and the applicable jurisdiction). The verification steps we take may differ depending on your jurisdiction and the request. Where possible, we will attempt to match the information that you provide in your request to information we already have on file to verify your identity. If we are able to verify your request, we will process it. If we cannot verify your request, we may ask you for additional information to help us do so.
We will respond to your request within the time period required by applicable law. However, we may not always be able or required to comply with your request, in whole or in part, and we will notify you in that event.
13. JURISDICTION-SPECIFIC NOTICES
EEA, Switzerland, or UK Residents
Tolerant believes that it is important that individuals are given the opportunity to exercise choice with respect tohow their Personal Information is collected and used. Some data protection laws, including the European Union’sGeneral Data Protection Regulation (“GDPR”), provide you with certain rights in connection with Personal Information you have shared with us. If you are resident in the EEA, Switzerland, or the UK, you have the following rights:
- The right of access. You have the right to request a copy of your Personal Information which we hold about you.
- The right of correction: You have the right to request correction or changes of your Personal Information if it is found to be inaccurate or out of date.
- The right to be forgotten: You have the right to request us, at any time, to delete your Personal Information from our servers and to erase your Personal Information when it is no longer necessary for us to retain such data. Note, however, that deletion of your Personal Information will likely impact your ability to use our services.
- The right to object (opt-out): You have the right to opt-out of certain uses of your Personal Information, such as direct marketing, at any time.
- The right to data portability: You have the right to a “portable” copy of your Personal Information that you have submitted to Generally, this means your right to request that we move, copy, or transmit your Personal Information stored on our servers / IT environment to another service provider’s servers / IT environment.
- The right to refuse to be subjected to automated decision making, including profiling: You have the rightnot to be subject to a decision and insist on human intervention if the decision is based on automated processing and produces a legal effect or a similarly significant effect on you.
- The right to lodge a complaint with a supervisory authority. You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here:
If you need further assistance regarding your rights, please contact us using the contact information provided below and we will consider your request in accordance with applicable law.
To access these rights described above, please submit a verifiable consumer request to us by either:
- Calling us at 922.7455
For your protection, we may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file. If we no longer need to process Personal Information about you in order to provide our services or our websites, we will not maintain, acquire or process additional information in order to identify you for the purpose of responding to your request.
In some cases, our ability to uphold these rights for you may depend upon our obligations to process personalinformation for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, orbecause processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.]
Under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (the “CCPA”), California residents have specific rights regarding their personal information. This section describes Californians’ rights and explains how California residents can exercise those rights.
Except as indicated in the “Collection of Personal Information” section, we do not seek to collect any additional “sensitive personal information” (as defined in the CCPA). The chart below described the categories of Personal Information Tolerant has collected in the preceding 12 months, the sources and purpose of such collection, and the parties to whom the information was shared for business purposes:
Personal Information Category (corresponds to categories in CCPA §1798.140(o)(1)) (*may constitute “sensitive personal information” under the CCPA)
Sources of Personal Information andWhy We Collect this Information
Criteria used to determine retention periods
Sold or Shared
Disclosure of Personal Information to
|Identifiers (such as name, online identifier, Internet Protocol address, email address, social media username, Social Security number, passport number, driver’s license number)*||Information you provide us— complete a consumer contact request, register you for an account, operate our special offers and drawings, marketing||The duration of our relationship with you; the length of time necessary to complete a special offering or drawing; whether your Personal Information is a sensitive type; whether you specifically consented to retain the data; and our legal, contractual or similar obligations to retain or delete the data.||Sold and shared (Tolerant only “sells” Personal Information in connection with cookies and similar technologies)||Service providers – professional advisors – our affiliates – marketing providers|
|Internet or other similar network activity (such as browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement)||Information we collect from you automatically— in order to monitor and improve the performance of the Tolerant Website, fraud prevention, marketing||Same as above.||Sold and shared||Service providers – professional advisors – our affiliates – marketing providers|
Privacy Rights of California Residents
Under the CCPA, a California resident has the following rights: (1) to request additional information about ourdata collection, use, disclosure, and sales practices in connection with your Personal Information; (2) to requestthe specific Personal Information collected about you during the previous 12 months; (3) to request the deletion ofthe Personal Information we have about you;
(4) to request a restriction on certain processing of Personal Information; and (5) to request correction of inaccurate information. You may not be discriminated against for exercising your California privacy rights.
To exercise these rights described above, please submit a verifiable consumer request to us by either:
- Calling us at 922.7455
- Emailing us at firstname.lastname@example.org
You may also designate an agent to exercise your privacy rights on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government issued identification.
Upon receiving your request, we will confirm receipt of your request by sending you an email confirmingreceipt. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information. In some instances, such as a request to delete Personal Information, we may first separately confirm that you would like for us to in fact delete your Personal Information before acting on your request.
We will aim to respond to your request as soon as reasonably practicable and consistent with any applicable laws. If we require more time, we will inform you of the reason and extension period in writing. If you have an accountwith us, we will deliver our written response to that account. If you do not have an account with us, we willdeliver our written response by mail or electronically, at your option. In some cases, our ability to uphold these rights for you may depend upon our obligations to process Personal Information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, listed below, or because processing isnecessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.
California residents are also entitled to contact us to request information about whether we have disclosed Personal Information to third parties for the third parties’ direct marketing purposes. Under the California “Shinethe Light” law, California residents may opt-out of our disclosure of Personal Information to third parties for their direct marketing purposes. You may choose to opt- out of the sharing of your Personal Information with thirdparties for marketing purposes. To make such a request you should send (a) an email to email@example.com. with the subject heading “California Privacy Rights,” or (b) a letter addressed to:
Tolerant Foods, LLC
c/o Barilla America, Inc.
Attn: Privacy Inquiry Compliance Americas 885 Sunset Ridge Rd.
Northbrook, IL, 60062 U.S.A.
In your request, please attest to the fact that you are a California resident and provide a current California addressfor our response. Please be aware that not all information sharing is covered by the California privacy rights requirements and only information on covered sharing will be included in our response. We reserve our right not to respond to requests submitted to addresses other than the addresses specified in this paragraph.
Colorado residents have certain rights around Tolerant’s collection, use, and sharing of their Personal Information. Tolerant sells your Personal Information; however, Tolerant only “sells” Personal Information in connection with cookies and similar technologies. Tolerant does not engage in profiling in furtherance of decisions that produce legal or similarly significant effects. Tolerant engages in “targeted advertising” as that term is defined in the Colorado Privacy Act (“CPA”).
Tolerant collects various categories of Personal Information when you use the Tolerant Website or our services. A more detailed description of the information Tolerant collects and how we use it is provided above in”Collection of Personal Information” section. The “Sharing Personal Information” section describes the categories of third parties with whom we share Personal Information, and what information may be shared under different circumstances. If you are a resident of Colorado, you have the right to (1) request to know what Personal Information has been collected about you, and to access that information; (2) request to correct inaccuracies in your Personal Information; (3) request deletion of your Personal Information, subject to exceptions; and (4) obtain a copy of your Personal Information. Also, a Colorado consumer may not be discriminated against for exercising the consumer’s Colorado privacy rights. You can learn more about how to submit a data rights request, or appeal denial of a request, by emailing firstname.lastname@example.org.
Connecticut residents have certain rights around Tolerant’s collection, use, and sharing of their Personal Information. Tolerant sells your Personal Information; however, Tolerant only “sells” Personal Information in connection with cookies and similar technologies. Tolerant does not engage in profiling in furtherance of decisions that produce legal or similarly significant effects. Tolerant engages in “targeted advertising” as that term is defined in the Connecticut Data Privacy Act (“CTDPA”).
Tolerant collects various categories of Personal Information when you use the Tolerant Website or our services. A more detailed description of the information Tolerant collects and how we use it is provided above in thesection titled “Collection of Personal Information” section. The “Sharing Personal Information” section describes the categories of third parties with whom we share Personal Information, and what information may be shared under different circumstances. If you are a resident of Connecticut, you have the right to: (1) request to know what Personal Information has been collected about you, and to access that information; (2) request tocorrect inaccuracies in your Personal Information; (3) request deletion of your Personal Information, subject to exceptions; and (4) obtain a copy of your Personal Information. Also, a Connecticut consumer may not be discriminated against for exercising the consumer’s Connecticut privacy rights. You can learn more about how to submit a data rights request, or appeal denial of a request, by emailing email@example.com.
Virginia residents have certain rights around Tolerant’s collection, use, and sharing of their Personal Information. Tolerant does not sell your Personal Information and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law. Similarly, Tolerant does not engage inprofiling in furtherance of decisions that produce legal or similarly significant effects. Tolerant may engage in “targeted advertising” as that term is defined in the Virginia Consumer Data Protection Act (“VCDPA”).
Tolerant collects various categories of Personal Information when you use the Tolerant Website or our services. A more detailed description of the information Tolerant collects and how we use it is provided above in”Collection of Personal Information” section. The “Sharing Personal Information” section describes the categories of third parties with whom we share Personal Information, and what information may be shared under different circumstances. If you are a resident of Virginia, you have the right to (1) request to know what Personal Information has been collected about you and to access that information; (2) request to correct inaccuracies in your Personal Information; (3) request deletion of your Personal Information, subject to exceptions; and (4) obtain a copy of your Personal Information. Also, a Virginia consumer may not be discriminated against for exercising the consumer’s Virginia privacy rights. You can learn more about how to submit a data rights request, or appeal denial of a request, by emailing firstname.lastname@example.org.
Cookies. A cookie is a small text file that is sent by a website to your computer or device where it is stored by your web browser. Cookies may store information such as your IP address or other identifier, your browser type, and information about the content you view and interact with on digital services. By storing such information,cookies can remember your preferences and settings for online services and analyze how you use online services.
Web Beacons. Web beacons or pixel tags are small images which are embedded into the Tolerant Website thatprovide us with information about your browser or device, or whether you open or click on the emails we send you. This information is used to help our website and app publishers better analyze and improve their services to us.
Our Tolerant Website uses the following categories of cookies, which may belong to Tolerant or to third parties.
- Strictly Necessary Cookies (Technical cookies): These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.
- Functional Cookies: These cookies allow us to remember your preferences (such as your username, language, or the region you are in) and allow us to make the Tolerant Website experience better for you.
III. Performance Cookies (Analytics cookies): These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site.
- Advertising Cookies: Advertising cookies are used to highlight information, other content, or services that we (or in some cases a third party) believe will be of interest to you based to some extent on your use of the Tolerant Website.
We may use the following cookies on the Tolerant Website:
|Cookie Name and Provider||Cookie Category||Privacy Notice of Provider|
|Hotjar (OptanonConsent, _hjAbsoluteSessionInProgress, _hjSession_***, _hjSessionUser_***, _hjIncludedInSessionSample_***, _hjfirstseen, NEXT_LOCALE)||Analytics and performance||https://www.hotjar.com/legal/policies/privacy/|
|Facebook (_fbp, wd, fr, sb, datr)||Advertising and marketing||https://www.facebook.com/privacy/policy/|
|Google Ads and Doubleclick (DV, NID, ANID, IDE, 1P_JAR, r_debug)||Advertising and marketing||https://policies.google.com/privacy?hl=en|
|Google Analytics (_ga***, _ga, _gid, AEC, OTZ))||Analytics and performance||https://policies.google.com/privacy?hl=en|
|Google Adsense (_gcl_au)||Advertising and marketing||https://policies.google.com/privacy?hl=en|
|Google Tag Manager (_gat_UA***, _gat_gtag_UA***)||Functional||https://policies.google.com/privacy?hl=en|
|Snapchat (_sctr, _scid, _scid_r)||Advertising and marketing||https://values.snap.com/privacy/privacy-policy|
|Atlassian Jira Servicedesk (ajs_anonymous_id||Functional||https://www.atlassian.com/legal/privacy-policy|
|ContentSquare (_cs_c, _cs_id)||Functional||https://contentsquare.com/privacy-policy/|
|Bing (_uetvid)||Advertising and marketing||https://privacy.microsoft.com/en-us/privacystatement|
|Live Ramp / Tower Data (pxrc, rlas3)||Advertising and marketing||https://www.atdata.com/privacy-policy|
|Marketo (_mrkto_trk, _biz_pendingA, _biz_flagsA, _biz_uid)||Analytics and performance||https://documents.marketo.com/toutapp/privacy|
|YouTube (VISITOR_INFO1_LIVE, CONSENT, YSC, PREF)||Functional and Advertising||https://policies.google.com/privacy?hl=en-US|
Opt-Outs and How to Disable Cookies in your Browser
Your browser may allow you to disable certain cookies. Third party cookie providers may provide an opt out tool for their cookie(s). Note that disabling cookies may in some instances impact the functionality of the Tolerant Website.
The methods provided by the main browsers to manually block acceptance of cookies are shown below:
You can also opt-out out of Google Analytics by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.
You may learn more about advertising networks and opt out of receiving personalized advertisements on this browser or device from advertisers who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out options of each of those organizations. Links to their opt-out sites are set forth below.
Network Advertising Initiative: http://www.networkadvertising.org/choices
Digital Advertising Alliance: http://www.aboutads.info/choices
Note that, when you opt out of personalized advertising, you may continue to see online advertising on the Tolerant Website and/or our ads on other websites and online services. Also, given that many opt-outs themselves use a cookie to effectuate an opt-out preference, you may need to opt-out again if you clear cookies on your browser.