PRIVACY POLICY

PRIVACY POLICY

Last modified January 19, 2024.

By using our Site, you agree to this Privacy Policy. Please read them carefully.

INTRODUCTION

Food Ventures North America, Inc. dba / Wild Fork Foods and its subsidiaries and affiliates (collectively, “we”, “us” or “our”) respects its customers and understands that you are concerned about privacy and the use of your personal information. We are committed to respecting your privacy and this privacy policy (this “Privacy Policy”) sets forth our practices to show you our commitment to protect your privacy.

This Privacy Policy describes how we collect, protect, use and share personal information we receive, including in person, by phone, through mail or email, through our websites, including any of our owned and/or operated website, domain name, microsite, mobile site, mobile app or social media account (collectively, the “Site”), or through any other method.

Please read this Privacy Policy carefully. By accessing or using the Site, purchasing products over the phone, visiting our facilities or otherwise disclosing information to us, you consent to our collection, use and sharing of your information in accordance with this Privacy Policy.

If you have questions about this Privacy Policy or our use of your information, or if you would like to change how we communicate with you, sent us a message at JBS.Compliance@jbssa.com.

WHAT INFORMATION DO WE COLLECT?

Information You Provide Directly to Us

We may collect personal information from directly from you in a variety of ways when you interact with us in person, by phone or through mail, register for an account, participate in any interactive features on our Site, subscribe to a newsletter or email list, participate in a survey, contest or promotion, purchase products or services from us, request customer support or otherwise communicate with us. If you represent a business or organization, we may collect information about your business or organization from you, for example, your company name, location, market and tax ID number. The types of information we may collect and store through the described channels include:

Transactions. Information about the products or services you purchase, for example, your name, address, email, phone number, shipping information, credit card number and purchase and order information or the name, address, email, phone number, or shipping information about other people if you order a gift to be sent directly to the recipient. We do not store full payment card numbers, and our third party payment processor processes all transactions.

Account Creation and Use. Certain personal information provided to us when you register for an account on the Site, for example, your name, address, email, phone number, username and password. We may also collect other information you provide as part of the registration process and the administration and personalization of your user experience on our Site and combine such information with personal information we collect from you.

Your Requests. Personal information from you when you when you sign up to receive promotional materials, request customer support or otherwise choose to provide information through a “contact us” feature, for example, your name, address, email and phone number.

Content You Submit. Content you submit to the Site, for example, your posts and comments or responses to surveys or product reviews.

Career Opportunities. Personal information in connection with your interest in a career opportunity with us.

Information We Collect Automatically

When you access or use the Site, the types of information we may automatically collect about you include:

Usage Information. We may collect information about your usage of and interaction with the Sites and statistics and other information about the online activities of our users on an aggregated (collective) basis. For example, we may track the number of people who view each page to learn which features are the most popular, which sponsored or third party sites are clicked on and other information about your navigation through our Site.

Location & Device Information.  With your permission, our third party providers may also collect and share with us information about the precise location of your device using methods that may include GPS, wireless networks, cell towers, and Wi-Fi access points. We may collect information about the device you use to access or use the Site, for example, the hardware model, operating system and version, mobile network information and information about your use of our mobile applications. With your consent, we may access and collect information from certain native applications on your device (such as your device’s camera, photo album and phonebook applications) to facilitate your use of certain features of the Site. For more information about how you can control the collection of location information and/or our access to other applications on your device, please see the section entitled “Privacy Rights” below.

Log Information. When you access or use the Site, our servers automatically record certain log file information, for example, your Internet Protocol address, operating system, browser type and language, referring URLs, access times, pages viewed, links clicked and other information about your activities on the Site.

Information Collected by Cookies. We and our service providers may use various tracking technologies, for example, cookies, to collect information about you when you interact with our Site, including information about your browsing and purchasing behavior. Cookies are small data files stored on your hard drive or in device memory that help us improve the Site and your experience, see which areas and features of the Site are popular, and count visits. Most web browsers are set to accept cookies by default. This information is anonymized. We may use collected information to remind us who you are and enable us to access your account information, so you do not have to re-enter it on subsequent visits, gather statistical information about usage by registered or unregistered users, research visiting patterns, and provide our own enhanced online display advertising tailored to your interests. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note, if you choose to remove or reject cookies, this could affect the availability and functionality of the Site.

Information We Collect From Third Parties

We may receive information about you from third parties. For example, we may obtain information from companies to enhance our existing customer information, such as improving the accuracy of the information we have about our customers, or we may collect information about you when you post content to our pages or feeds on third party social media sites. Information collected through or by any third party is subject to the third parties’ privacy practices and policies. If you have any questions about such third parties’ privacy practices, you should review their privacy policies.

HOW DO WE USE YOUR INFORMATION?

We may use the information we collect for various purposes related to our operations and your use of the Site. For example, we may use your information to:

Carry-on our core business functions, such as: (i) providing you with products and services upon purchase or request; (ii) in connection with your interest in a career opportunity or your employment with us; (iii) evaluating your personal interactions with us to tailor the Site around your preferences and enhance your experience; (iv) improving our marketing and promotional efforts; (v) maintaining appropriate records for internal administrative purposes; (vi) performing operational functions, including data analysis, audits, and developing and improving products and services;

Track and improve our understanding of how you use and interact with this Site;

Communicate with you, such as: (i) to deliver marketing materials or other advertising content to you; or (ii) to process and deliver a purchase, return or exchange transaction;

Provide you support, such as: (i) to respond to your comments, questions and requests; and (ii) to provide you customer service;

Manage and enhance our products, services and the Site, such as: (i) sending technical notices, updates, security alerts and support and administrative messages; (ii) monitoring and analyzing trends, usage and activities in connection with our Site; (iii) to statistically analyze site usage; to customize the Site content, layout or services; (vi) to improve our content and product offerings; (vii) to link or combine information we get from others to help understand your needs and to provide a better experience; or (viii) to measure or improve the usability of the Site;

Protect our customers and users, such as: (i) to detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of us and others; (ii) to diagnose problems with our services;

Comply with legal and regulatory requirements, required disclosures and choices and controls that may be available; and

Carry out any other purpose described to you at the time the information is collected.

We may use or share non-personal, non-individual statistical or demographic information in aggregate form with our marketing partners, advertisers or other third parties for research purposes. Such aggregated and de-identified information cannot reasonably be used to identify you and, therefore, no longer constitutes personal information. Such de-identified and/or aggregated information is not subject to this Privacy Policy.

When you submit content (such as a post or comment or public chat) to the Site, any visitors to and users of our Site will be able to see that content. Although some parts of the Site may be private, other parts of the Site are public, and you should take that into consideration before posting to the Site.

WHO WE DISCLOSE INFORMATION TO?

We may share information about you and aggregated or de-identified information that cannot be reasonably used to identify you as follows or as otherwise described in this Privacy Policy:

With your consent or at your direction or authorization;

With vendors, consultants and other service providers who need access to such information to carry out work or perform services on our behalf (including our third-party payment processor(s));

To comply with law, applicable regulations, court orders or subpoenas, to enforce our Terms of Use or other agreements, or to protect our rights, property or safety, or the rights, property or safety of our users or others;

In connection with, or during negotiations of, any merger, acquisition, sale of assets or any business, other change of control transaction or financing; and

Between and among us and any current or future parent, subsidiary and/or affiliated company.

SECURITY

We are committed to preventing others from unauthorized access to the personal information you provide to us, and we maintain procedures and technology designed for this purpose. We maintain administrative, technical and physical safeguards designed to protect personal information against accidental, unlawful or unauthorized access, destruction, loss, alteration, disclosure or use, including, but not limited to:

Updating and testing our technology on a regular basis in order to improve the protection of customer information;

Requiring outside companies and independent contractors to whom we provide customer information for marketing, servicing or processing purposes to restrict the use of the information to those purposes and we prohibit independent use of such information; and

Restricting access to your information through the implementation of internal procedures and policies about the proper physical security of workplaces and records.

You play a significant role in protecting your information. After you register on our Site you are responsible for protecting the security of your user name and password. You are responsible for any transaction made using your user name and password, even in the event of an unauthorized access of your account. Our Terms of Use are hereby incorporated into this Privacy Policy by reference and are available at https://jbssa.com/legal/terms/.

Although we will take reasonable security precautions regarding your personal information collected from and stored on the Site, because of the open nature of the Internet, we cannot guarantee that any of your personal information stored on our services or on those of our third parties, or transmitted to or from us, will be free from unauthorized access or disclosure. Accordingly, we disclaim any and all liability and responsibility for any unauthorized access to, disclosure or damage to, interception of, theft, or loss of any data communications and/or person information. By using the Site, you acknowledge that you understand and agree to assume these risks.

We will retain your information for as long as your account it active or as needed to provide you the services. Additionally, we may keep your information for as long as is necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

NOTICE TO INTERNATIONAL USERS

The Site is hosted in the United States and are subject to U.S. law, and is intended for users located only in the United States. If you are accessing the Site from outside the United States, please be advised that U.S. law may not offer the same privacy protections as the laws of your jurisdiction. By accessing and using the Site, you consent to the transfer to and processing of your personal information in the U.S.

CHILDREN UNDER 13

Our Site is not intended for children under 13 years of age. We do not knowingly collect or use personal information from children under 13 without consent from their parent or guardian. We have no way of distinguishing the age of individuals who address our Site, and we ask no one under the age of 13 to use the Site or provide us with personal information. If we learn a child under the age of 13 has provided us with personal information without parental or guardian consent, we will remove the information and opt the child out of promotional opportunities. If you believe we might have any information from or about a child under 18, please contact us at JBS.Compliance@jbssa.com.

PRIVACY RIGHTS

Location Information. With your consent, we may collect and share information about your actual location when you use our mobile applications. You may stop the collection of this information at any time by changing the settings on your mobile device or by refusing to grant permission for such access, but note that some features of our mobile applications may no longer function if you do so.

Native Applications on Mobile Device. Some features of our mobile applications may require access to certain native applications on your mobile device, such as the camera, photo album and the address book applications. If you decide to use these features, we will ask you for your consent prior to accessing the applications and collecting associated information. You can revoke your consent at any time by changing the settings on your device.

Cookies.  Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies, however, if you choose to remove or reject cookies, the availability and functionality of the Site may be affected.

Push Notifications. With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device or within our mobile applications.

Marketing Emails or Other Communications. You may at any time ask us to stop sending you emails or other communications. To update your preferences, ask us to remove your information from our mailing lists or submit a request, please contact us as described in the section entitled “How to Contact Us”. You may also follow the opt-out instructions contained in our marketing communications.

Do-Not-Call Registry. As part of your relationship with us, you may be asked to supply us with your postal address and/or phone number. Regardless of whether this is a wired or wireless phone number or whether this number is listed on the Do-Not-Call Registry, you consent to being contacted by us (and/or its designated agents) at this number, for any purpose (including sales, marketing and promotional offers) and by any means (including autodialed or prerecorded voice calls and text messages made with an automatic telephone dialing system). In this regard, you specifically acknowledge and understand that you may incur, and will bear sole responsibility for, charges related to these incoming calls or messages. You may also receive periodic mailings from us or from other reputable companies. To update your preferences, ask us to remove you from receiving any such calls or submit a request, please contact us as described in the section entitled “How to Contact Us”.

Access, Correction, and Updating. To access, review, delete, correct and update your communication preferences, zip code, address information, payment information, and membership status, you may log on to your account to make the changes, or you may contact us at talk@wildforkfoods.com. If we receive a request from an individual to access or update personal information we maintain on behalf of a customer or user, we will direct that individual to the relevant customer or user.

Further, where provided by law, you may withdraw any consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information, and we will apply your preferences going forward.  Subject to applicable law, you may (i) have the right to access certain personal information we maintain about you; (ii) request that we update or correct your personal information; (iii) object to the processing of your personal information or withdraw your prior consent, if applicable; and (iv) ask us to delete your personal information from our database.  To exercise these rights, please contact us as described in the section entitled “How to Contact Us”.  We will process your request in accordance with applicable law and, to help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information.  To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.

If you are a California resident, for more information about your privacy rights, please refer to the “California Consumer Privacy Statement” attached to this Privacy Notice.  

LINKS TO THIRD PARTY WEBSITES

The Site may contain links to third-party content, services or products by linking to a third-party’s website. If you click on a third-party link, you will be directed to that third-party’s website. We do not exercise control over third-party websites and are not responsible for the privacy practices or the content of any such third-party websites. If you provide any information to parties who provide services to us or to any other sites you encounter on the Internet (even if these sites reflect our branding), different rules and policies may apply to the use or disclosure of any personal information you disclose to them. We encourage you to check the privacy policies of third-party websites before providing your information to them. The fact that we may link to a third-party website or present a banner ad or other type of advertisement from a third party is not an endorsement, authorization, or representation of any affiliation by us with that third party, nor is it an endorsement of their privacy or information security policies or practices.

THIRD PARTY ANALYTICS SERVICES

We may work with certain third parties to collect, analyze, and use some of the information described above. For example, we may allow third parties to set cookies or use web beacons on the Site or in email communications from us. The information collected by third parties using these technologies may be used to engage in analysis and reporting. These third parties may set and access cookies on your computer or other device and may collect information about your online activities across different websites or services over time, including on websites and mobile applications that are not owned or operated by us. In particular, the Site may use Google Analytics to help collect and analyze certain information for the purposes discussed above. You may opt-out of the use of cookies in web browsers by Google Analytics by visiting Google’s website.

CHANGES TO OUR POLICY

The practices and policies contained in this Privacy Policy are subject to change and may be modified by us at any time. In the event of any change, we will post a revised notice on our Sites with a revision date. We reserve the right to change, amend and update this Privacy Policy at any time in our sole and absolute discretion, and such changes will be effective upon posting of the revised notice. Any material changes will be communicated by prominent notice on the Site. We encourage you to review this Privacy Policy each time you visit the Site.

HOW TO CONTACT US

Contact us for any questions or concerns you may have regarding this Privacy Policy and our information and data collection and use practices at JBS.Compliance@jbssa.com or at:

JBS USA Food Company 1770 Promontory Cr. Greeley, Colorado 80634 Attn: Ethics & Compliance Department

ACCESSIBILITY

We are committed to facilitating the accessibility of our Site for all people with disabilities. Through our continuing website enhancements, we are implementing relevant portions of the World Wide Web Consortium's Web Content Accessibility Guidelines (WCAG) 2.1 as our web accessibility standard. To access this Privacy Policy in an alternative format, please contact us at JBS.Compliance@jbssa.com.

STATE SPECIFIC CONSUMER PRIVACY STATEMENT

This State Specific Consumer Privacy Statement (this “Supplemental Privacy Statement”) supplements the Privacy Policy and applies solely to California, Colorado, Connecticut, Utah, and Virginia residents, including personnel or job applicants of us.

If you are a resident of one of the above states, your state laws and regulations may provide you with additional rights regarding our use of your personal information; subject to exclusions from the rights granted under your state’s law with respect to certain information governed by certain sector-specific privacy laws. Unless otherwise specified, this Supplement Privacy Statement uses terms that have meanings given to them by the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CPRA”).

NOTICE OF COLLECTION AND USE OF PERSONAL INFORMATION

Personal information” and “personal data” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, whether directly or indirectly, with a particular person. We may collect (and may have collected during the prior 12-month period) the following categories of personal information about you:

Various identifiers, including, name, address, online identifier, Internet Protocol address, email address, account name, or other similar identifiers;

Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), including, telephone number or financial information;

Commercial information, including, records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;

Geolocation data, including, physical location;

Internet or other similar network activity, including, browsing history, search history, information on a consumer's interaction with a website, application, or advertisement, including protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, the files viewed on our Site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data in order to analyze trends in the aggregate and administer our Site;

Professional or employment-related information, including, current or past job history or performance evaluations;

Educational information, including, transcript, student records, grades and performance, activities, school name or school ID;

Inferences drawn from other personal information, including, profile reflecting a person's preferences, characteristics, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes;

Protected classification characteristics, including, race, color, national origin, marital status, sex, veteran or military status;

Personal records, such as, power of attorney, family history or power of attorney; and

Information received from a government entity or other third party.

We may use (and may have collected during the prior 12-month period) the categories of personal information listed above for the purposes described in the Privacy Policy, including those purposes set forth in the section entitled “How Do We Use Your Information?”. Further, we may use the categories of personal information listed above for any of the business purposes identified in the CPRA.

We will not collect additional categories of personal Information or use the personal information we collect other than for the purposes stated herein or for materially different, unrelated, or incompatible purposes without first providing you notice.

SOURCES OF PERSONAL INFORMATION

During the previous 12-month period, we may have obtained personal information about you from any of the sources identified in the Privacy Policy, including, the following categories of sources: (a) directly from you, such as when you contact us with a comment or question, or purchase a product or service; (b) from your devices, such as when you visit our Site; (c) our affiliates and subsidiaries; (d) vendors who provide services on our behalf; (e) our joint marketing partners; (f) online advertising services and advertising networks; (g) data analytics providers; (h) government entities; (i) operating systems and platforms; (j) social networks; or (k) data brokers.

RETAINMENT OF INFORMATION

We retain your personal information as long as reasonably necessary and proportionate to achieve the purposes for which it was collected, processed, or for other disclosed purposes. The length of time we retain each category of personal information is determined on the nature and sensitivity of the information, whether such information is necessary in order to provide the services and/or goods to you, whether such information is required under applicable law for us to maintain, or whether such information is necessary to protect your or our rights under applicable law. All information is retained in accordance with our internal record retention policy.

CONSUMER PRIVACY RIGHTS

Subject to certain exceptions under applicable law, and unless otherwise specified, residents in the above states have the following rights with respect to their personal information collected by us:

The right to know and access.  Residents have the right to confirm whether we are processing their personal data and access to such data. CA residents have the right to request we disclose: (i) a copy of the personal information that we collect about you; (ii) the categories of personal information that we collected about you in the preceding 12 months; (iii) the categories of purposes for which such personal information was disclosed in the preceding 12 months; (iv) the categories of sources such personal information was collected for; and (v) the categories of third parties such personal information may have been shared with.

The right to deletion.  Residents have the right to request that we delete the personal information that we or our vendors collected about you. There may be circumstances under which we will be unable to delete your personal information, such as if we need to comply with our legal obligations or complete a transaction for which your personal information was collected. If we are unable to comply with your request for deletion, we will let you know the reason why.

The right to correct inaccurate information. Residents have the right to request that a business maintaining inaccurate personal information about the resident correct that inaccurate personal information.

The right to opt-out of the sale or sharing of personal information. Residents have the right, at any time, to direct a business that sells or shares his or her personal information not to sell or share such information. CA residents also have a right to opt-out of our sharing of your personal information for cross-contextual behavior advertising.

Right to opt-out of targeted advertising. CO, CT, UT, and VA residents also have the right, at any time, to opt out of targeted advertising and profiling in furtherance of decisions that produce legal or similarly significant effects. Please see Sections 5 and 7 of this Supplemental Privacy Statement for further information on how we share and sell your information, respectively.

Right to data portability. Residents have the right to obtain a copy of their personal data in a portable and readily usable format that allows the resident to transmit the data to another entity without hinderance.

The right to no retaliation for opting out or exercising rights. CA residents have a right of non-retaliation if they choose to exercise a consumer right. If a CA resident chooses to exercise any of these rights, we will not discriminate against the California resident in anyway.

The right to limit use and disclosure of sensitive personal information. CA residents have the right to request that we limit our use of their sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer of such services or goods.

The right to opt-out of automated decision-making technology. If automated decision-making technology, including profiling, is used by us, certain residents have a right to request meaningful information about the logic involved in automated decision-making technology and a description of the likely outcome of the process with respect to them.

To see your state specific rights, please see the table below titled “State Specific Rights”.

EXERCISING YOUR RIGHTS

To exercise any of your rights, contact us at JBS.Compliance@jbssa.comIn connection with submitting a request, you must provide the following information: name, email, phone number, and address (or state of residency), and you must state what type of request you are making.

Only a resident of one the above states, or someone legally authorized to act on such resident’s behalf, may make a verifiable consumer request related to his or her personal information. In general, we have the right to require you to provide written permission granting authority to your representative and for your agent to verify its identity directly with us, and we may deny a request from your representative who does not submit proof of authorization as we request.

An eligible resident may only make a verifiable consumer request for access or data portability twice within a 12-month period, or as otherwise dictated by law. The verifiable consumer request must provide sufficient information that allows us to reasonably verify the requestor is the person about whom we collected personal information or an authorized representative and describe the request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to a request or provide personal information if we cannot verify the identity or authority to make the request.

We will endeavor to confirm receipt of a request within ten (10) days following submission and provide information about how we will process the request and to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days), we will provide notice in writing explaining the reason for the extended time period. We may deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the request receipt date. If we deny a request, we will provide a response explaining the reasons we cannot comply with a request, if applicable. If you are a Colorado, Connecticut, or Virginia resident and would like to appeal our decision with respect to your request, please send your appeal to JBS.Compliance@jbssa.com.

SHARING OF CALIFORNIA OR COLORADO RESIDENT PERSONAL INFORMATION

During the prior 12-month period, we may have disclosed your personal information set forth in the categories identified in Section 1 of this Supplemental Privacy Statement for a business purpose to the following categories of third parties: (a) our parent companies, affiliates, and/or joint venture partners; (b) our data analytics partners; (c) social media networks; and (d) our security partners.

Additionally, during the prior 12-month period, we may have shared your personal information set forth in the categories identified in Section 1 of this Supplemental Privacy Statement to government agencies, law enforcement and our service providers.

SALE OF CALIFORNIA OR COLORADO RESIDENT PERSONAL INFORMATION

During the prior 12-month period, we have not sold the personal information of a California and Colorado resident.

HOW WE RESPOND TO “DO NOT TRACK” SIGNALS

Some web browsers have “Do Not Track” or similar features that allow you to tell each website you visit that you do not want your activities on that website tracked. Presently, the Site does not respond to “Do Not Track” signals and consequently, the Site will continue to collect information about you even if your browser’s “Do Not Track” feature is activated.

“Shine the Light” Law (California residents only)

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To

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