privacy policy

This Privacy Policy (“Policy”) describes how and when Lofty Foods Inc, a company organized under the laws of the state of Texas, United States, with its headquarters located at 400 South Center Street, Bonham, Texas 75418, USA, and its affiliates (together and individually, “Lofty”) collect, use and share personally identifiable information (“Personal Data”).

• CCTV Footage– When accessing our manufacturing facilities and work areas, we may process footage of you obtained through our use of CCTV surveillance systems, in accordance with applicable law.

• Visitor Information – When accessing our buildings, we may collect your name, contact details, car plate number, identification, etc. for security reasons. We may also ask you to disclose information about your health (including information related to open wounds, flu, etc.) for food safety reasons.

• Photos and Videos – When participating at our internal or external events, meetings (with government officials, customers, etc.), conferences, etc., we way take photos or videos of you, as part of a crowd or on individual/portrait basis. We may also gather some of your Personal Data, such as your name, email address, or professional details. If you are a government official, we may also process data revealing your political opinions.

• Information relating to Sourcing and Procurement – When you are rendering services to us (e.g. maintenance services, IT services, consultancy services, etc.) as a third-party contractor or selling products to us, we collect the Personal Data necessary for the performance of the services or the delivery of the products (and the payment of any related invoices). Such Personal Data may include your contact details, financial details, billing and invoicing information, credit check information, Personal Data about your staff, certifications, driver licenses, car plate numbers, safety records, etc. Our contract with specific suppliers, vendors or contractors may provide further detail.

• Information relating to Representatives of our B2B Customers– In view of managing and developing our customer and sales relationships, we may collect certain Personal Data relating to representatives of prospective, current and former B2B customers, e.g. name, address, contact details, job function, birthday, family composition, personal interests and vacation plans. For us to comply with our invoicing and accounting obligations, we may collect certain Personal Data relating to representatives of current and former B2B customers, e.g. name, address, contact details, job function, bank account numbers & invoicing details, tax identification numbers, etc.

• Information relating to Individual Consumers of our Products– We may collect e.g. your name, phone number, email address, physical address, mobile phone, preferred language, and the Lofty Foods Inc.products you consume or are interested in.

• User-generated Content received through our Online Presence– If you post any materials (e.g. pictures, videos, etc.) or any other information (e.g. comments) on a feed or a page of a Lofty Foods Inc.website or on a feed or a page of a social media account held by Lofty Foods Inc., we may use any Personal Data contained in (or relating to) such materials or information for the purposes listed below.

• Information about Inventors– When Lofty Foods Inc.applies for patents or similar registered intellectual property rights, we collect the names, addresses, contact details and full resumes of the individuals that invented or developed such Lofty Foods Inc.intellectual property. We also process Personal Data for the purpose of producing and submitting certain documentation (such as affidavits) which may contain additional Personal Data about these individuals.

• ID Information– When exercising your rights as to our use of your Personal Data, we may, in some circumstances, ask for a copy of your identity card or another proof of your identity (e.g. driver’s license) to verify your identity.

Why Do We Use Your Personal Data?

We use your Personal Data for the purposes listed below:

• Contests, Inquiry and Loyalty Card Programme Informationto allow us to be in contact with you in relation to your inquiry or your participation in the contests or sweepstakes, to manage your loyalty card programme, to personalize our services for you, to provide you with customer service, and to monitor our provision of customer service. In some cases, we may use some of your Personal Data for external communications purposes, e.g. by making a press release about a contest winner.

• Website Informationto monitor and administer the contests and sweepstakes you may enter and your inquiries, to analyze trends, usage and activities with users on our website, to ensure its technological compatibility, to help us create websites that best suit our users’ interests and preferences and to help identify products, site features, recipes, advertisements, and offers that may be of particular interest to you (for example as part of an extended market research). We also use website information to monitor and control the security of our website and prevent cyber security incidents. We may also use website information to collect feedback on the website usage, provide IT support to online visitors and gauge success of our marketing initiatives.

• CCTV Footageto maintain a safe and secure environment for our people, visitors, products and processes; for more information about our use of CCTV surveillance systems, please request our CCTV Surveillance Policy.

• R&D and Market Research Informationto perform market research, improve our products and services, for R&D purposes and for the study and understanding of the business and preferences of consumers or operators.

• Agronomy Informationto perform demand planning and improve our products and services, to process and fulfil orders (including shipping and distribution of goods), to pay invoices, and generally to manage our relationships with growers.

• Visitor Informationto comply with building safety obligations, to identify the people that are entering our premises, and for food safety reasons.

• Photos and Videosto communicate about our events, meetings, conferences, etc., on our websites, via our social media accounts. In some cases, we may ask you to provide us with your email address to send you the pictures and videos, we may collect your professional details to contact you back about our products and services, or, if you are a government official, we may collect and use data revealing your political opinions for corporate communications purposes and public affairs purposes.

• CV/Resumes and Relevant Information for Recruitmentto enable us to recruit the right people.

• Information relating to Sourcing and Procurementto set up the contractual terms with our suppliers, to pay for our suppliers’ products or services, to perform recalls and to call warranties, to comply with accounting obligations applicable to us, to conduct demand planning and generally to facilitate the relationship with our suppliers.

• Information relating to Representatives of our B2B Customersto manage our customer relationships and to develop our business, to deliver our products and services online or offline, to better understands our customer’s needs, to invoice our products and services, for corporate governance purposes and to comply with accounting obligations applicable to us.

• Information relating to Individual Consumers of our Productsto, if and to the extent permitted by applicable law, provide individual consumers of our products with marketing communications promoting our products and services (or those of third parties), to better understand our consumers’ needs, to address complaints on our products, and more generally to improve our relationships with individual consumers.

• User-generated Content received through our Online Presenceto better engage with our customers or individual consumers of our products, to interact with our customers and to address complaints.

• Information about Inventorsto apply for or assign patents or similar registered intellectual property rights for the benefit of Lofty Foods Inc.

• ID Informationto help us prevent unauthorized individuals from accessing, changing or deleting your Personal Data.

• Internal Administrative Purposesincluding for purposes of audit, data analysis, sustainable cost advantage, compliance, governance & legal, corporate social responsibility (CSR), security, accounts payable and receivable validation, and database records.

Depending on the circumstances, we may also use your Personal Data for the following purposes:

• For corporate communications purposes and for public affairs purposes (including, if necessary, to issue a public response to specific complaints);
• To respond to your comments and questions (problem resolution);
• To provide customer service (e.g. product recalls);
• To conduct sales and market research (e.g. through surveys);
• To conduct research and development (e.g. through product concept correspondence);
• To register you when we organize events;
• If and to the extent permitted by applicable law, for direct marketing purposes;
• To improve business relations;
• For public affairs purposes;
• To protect against and prevent fraud, unauthorized transactions, claims and other liabilities, and to manage risk exposure;
• To handle legal disputes;
• To conduct corporate transactions (including mergers, acquisitions and divestments); and
• To improve and enhance our products and services, in general.

We will not use Personal Data for any purposes that are incompatible with those outlined in this Policy, unless you give us your free and informed consent for additional specific purposes.

On What Basis Do We Use Your Personal Data?

We collect and use your Personal Data when:

• Improve our products and service offering;
• Better understand our customers and their changing needs;
• Tailoring our marketing activities to customers’ needs and aspirations;
• Manage our supplier and customer relationships;

• This is necessary to:

• Perform our contract with you (e.g. use of portal subscriber information for contract fulfilment purposes);
• Comply with regulatory requirements (e.g. when we must use Personal Data in order to comply with food safety regulations); or

• You have given your prior consent to us processing your Personal Data. For example, in certain circumstances we will ask your prior consent before using your electronic contact details (e.g. email address) to send you electronic communications to promote our products or services.

If we collect your Personal Data while you are visiting or using any of Lofty Foods Inc.’s websites, apps or social media pages, then you will be deemed to have read and accepted this Policy if and where such deemed acceptance is valid under applicable law.

We may collect some of your Personal Data when available from public sources (e.g. your social media profiles) during e.g. our recruitment process.

To Whom Do We Disclose Personal Data?

We do not sell or rent your Personal Data to others. We only share Personal Data with third parties who are bound by terms at least as restrictive as this Policy and only in the following ways:

• Affiliates – We may share Personal Data with any of our affiliates or subsidiaries, e.g. for the purpose of providing customer service, administering our contests, sweepstakes and loyalty programmes, or improving our products and services. We may also share your Personal Data with affiliates or subsidiaries that provide shared services within Lofty Foods Inc., e.g. in connection with the purchase and sale of products, financial and accounting support, recordkeeping, customer billing and collections, order processing, accounts payable processing, and preparing and reporting estimates and results.

• Service Providers– We share Personal Data with third-party providers of services relating to, for example, our website, the administration of our contests, sweepstakes and loyalty programmes, the provision of our customer service, our CCTV surveillance, our market research and sales, our R&D activities or our public relations. These service providers only have access to the Personal Data necessary to perform their functions, only act on our behalf and under our instructions, and may not use it for purposes other than to perform such functions.

• Customers – We may share Personal Data (e.g. when collected through special purpose portals) with our customers to address traceability and other regulatory or contractual requirements or to facilitate problem resolution.

• Legal – We may disclose Personal Data to courts, law enforcement agencies, and other government bodies where we believe that doing so is in accordance with or required by any applicable law, regulation or legal process. We may also disclose Personal Data to external legal counsel to assist us with the establishment and defence of legal claims or to assist us on transactions (e.g. to provide assistance in connection with mergers, acquisitions or divestments) or to other third parties also engaged in such legal matters (e.g. to the adverse party in court proceedings, to judicial experts, to other stakeholders involved in the claim, etc.).

• Business Transfers– In the event of a reorganization, merger or sale, we may transfer any and all Personal Data we collect to the relevant third party involved in the reorganization, merger or sale, with the consent of data subjects if and as required under applicable privacy laws.

• With Your Consent– We may also share Personal Data with other third parties subject to your prior consent.

How Do We Protect Your Personal Data?

We maintain reasonable administrative, technical and physical safeguards to protect Personal Data against loss, theft, misuse and unauthorized access, disclosure, alteration and destruction as required by applicable law.

Unfortunately, the transmission of information via the Internet is not completely secure. Despite our safeguards, we cannot guarantee the security of information transmitted to us via the Internet. Once we have received your information, we will maintain reasonable safeguards to protect it.

Your Rights

Depending on and subject to applicable laws, you have certain rights regarding the Personal Data that we hold about you. These rights may include the following:

• The right to access the Personal Data we hold about you;
• The right, under certain circumstances, to block or suppress further use of your Personal Data;
• The right to request the rectification of the Personal Data that we hold about you if that information is inaccurate or incomplete;
• The right to object to certain types of processing;
• The right, under certain circumstances, to request the deletion or removal of your Personal Data;
• The right to lodge a complaint with the competent data protection supervisory authority (such as, in Europe, in the EU Member State of your usual residence) about the way we handle or process your Personal Data;
• If our processing of your Personal Data is based specifically on your consent, you have the right to withdraw that consent at any time;
• you have the right to obtain from us, under certain circumstances, the Personal Data that we hold about you in a structured, commonly used and machine-readable form so you can reuse it for your own purposes across different services.

Revisions to the Policy

We may update this Policy from time to time. Changes to this Policy will not necessarily be preceded by a notice posted on the website, and we encourage you to check the Policy periodically for changes. Your continued use of the Lofty Foods Inc.website following the posting of changes to the Policy will mean you accept those changes.