KRISPY KRUNCHY FOODS CALIFORNIA OPERATOR PRIVACY POLICY

Last Updated: March 12, 2024

This Krispy Krunchy Foods California Operator Privacy Policy (the “Operator Privacy Policy”) describes how Krispy Krunchy Foods, LLC, ( “Krispy Krunchy Foods”, “we”, “us”) collects, uses, and discloses information about you in connection with your business engagement with us.  This Privacy Policy applies to information we collect from you as an Operator (defined below) when you access or use our websites, mobile applications, and other online products and services, or when you otherwise interact with us where we provide this Privacy Policy (collectively, “Services”). In some circumstances, we may provide different or additional notices of our privacy practices to the extent they apply to you because of the product or services you obtain from us, the capacity in which you engage with us, or different laws that may apply.

This Operator Privacy Policy sets forth our privacy practices as required by the California Consumer Privacy Act of 2018 (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”). The Operator Privacy Policy applies only to individuals residing in the State of California who are considered “Consumers” under the CCPA and from whom we collect “personal information” as described in the CCPA. We provide you this notice because, under the CCPA, California Residents who are business contacts such as operators of Krispy Krunchy stores, vendors, contractors, providers, and others with whom we conduct business operations  (collectively, “Operators” or “you”) qualify as Consumers.

If you are a California employee, employee applicant, or contractor of Krispy Krunchy Foods please refer to our California Employee and Applicant Privacy Policy for a description of our privacy practices in that context.

We may change this Operator Privacy Policy from time to time. If we make material changes, we will notify you by revising the date at the top of this Operator Privacy Policy and, in some cases, we may provide you with additional notice (such as sending you a notification). We encourage you to review the Operator Privacy Policy often to stay informed about our information practices and the choices available to you.

NOTICE OF COLLECTION AND USES OF INFORMATION

We collect and use your information in a variety of ways.  We collect information you provide directly to us. For example, we collect information directly from you when you create an account, fill out a form, request Services or support, or otherwise communicate with us. We also collect certain information from you or your device automatically when you interact with our Services such as activity or usage information. We use this information to provide you Services and for other business purposes.  The types of information about you that you provide and that we collect automatically from you are listed below along with our uses of that information. 

Category and Types of Personal Information

Uses of Personal Information

  • Identifiers, including name, user name, email address, postal address, online identifier, IP address, payment card information
  • Customer records, including name, user name, email address, postal address, telephone number, photo, Social Security Number, driver’s license number, passport number
  • Commercial information, including records of products or services purchased, obtained, or considered, and other purchasing or consuming histories
  • Providing services, including maintaining and servicing accounts, improving, and developing products and services, debugging and repairing errors in our Services
  • Providing customer service
  • Processing or fulfilling transactions
  • Processing payments
  • Communicating with you
  • Direct marketing
  • Analytics
  • Security
  • Internet or other electronic network activity information, including browsing history, search history, information regarding your interaction with the Services or ads, usage information, internet service provider, device ID, cookie or other tracking information and technologies
  • Providing services, including processing transactions, maintaining and servicing accounts, improving, and developing new products and services, debugging and repairing errors in our Services
  • Customizing and improving our services, including recording information about your browsing session on the Services, including which pages you visited and any forms on the website that you filled in
  • Providing customer service
  • Verifying customer information
  • Direct marketing
  • Analytics
  • Security
  • Sensitive personal information, including account log in and password, precise geolocation
  • Providing services, including maintaining and servicing accounts
  • Providing customer service
  • Verifying customer information
  • Analytics
  • Processing or fulfilling transactions
  • Security
  • We do not use or disclose sensitive personal information for the purpose of inferring characteristics about you.
  • We work with a third-party payment processor that collects and processes payment information, and we do not directly handle your payment card information.
  • In addition, we may use the personal information we collect or that is collected on our behalf to create de-identified, anonymized, or aggregated information that no longer identifies or relates to a specific person.  We use such de-identified, anonymized, or aggregated information in accordance with applicable law.
  • We may also use the personal information we collect or that is collected on our behalf to comply with legal and financial obligations and/or to carry out any other purpose described to you at the time the information was collected.

 

Information We Collect from Other Sources

In addition to collecting information from you, we obtain information from other sources. For example, if another Operator refers you to Krispy Krunchy Foods or works with both you and us, we might receive information about your interest or interaction with them.  Additionally, if you create or log into your Krispy Krunchy Foods account through a third-party platform (such as Facebook or Google), we will have access to certain information from that platform, such as your name, birthday, and profile picture, in accordance with the authorization procedures determined by such platform.

Information We Derive

We may derive information or draw inferences about you based on the information we collect. For example, we may make inferences about your approximate location based on your IP address or infer that you are looking to purchase certain products based on your browsing behavior and past purchases.

Retention of Personal Information

We will retain your Personal Information for as long as reasonably necessary to carry out the purposes disclosed in this 

DISCLOSURE OF INFORMATION

We disclose the following categories of personal information to the recipients described below for the following business purposes or as otherwise described in this policy:

Category of Personal Information

Recipients and Purposes of Disclosure

  • Identifiers
  • Customer Records
  • Commercial Information
  • Internet or other electronic network activity information
  • Service providers and contractors that perform services on our behalf or that assist us with our business purposes described above, including Internet service providers, data analytics providers, operating systems and platforms, payment processors, identity verification providers, payment risk vendors,  credit bureaus, fulfilment partners, customer support partners, marketing service partners, and fraud prevention partners
  • Third parties, including advertising networks, those to whom you consent to or direct we provide your information
  • Characteristics of protected classifications
  • Service providers and contractors that perform services on our behalf or that assist us with our business purposes described above, including Internet service providers, identity verification providers, payment risk vendors, data analytics providers, operating systems and platforms, customer support partners, marketing service partners, and fraud prevention partners
  • Geolocation data
  • Sensitive Personal Information
  • Service providers and contractors that perform services on our behalf or that assist us with our business purposes described above, including Internet service providers, data analytics providers, operating systems and platforms, marketing service partners, mapping integration providers, and fraud prevention partners

In addition, we may disclose any of the categories of personal information listed above for the following purposes:

  • We may disclose personal information if we believe that disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements.
  • We may disclose personal information if we believe that your actions are inconsistent with our user agreements or policies, if we believe that you have violated the law, or if we believe it is necessary to protect the rights, property, and safety of Krispy Krunchy Foods, our users, the public, or others.
  • We disclose personal information to our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests.
  • We may disclose personal information in connection with, or during negotiations concerning, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.
  • Personal information is disclosed between and among Krispy Krunchy Foods and our current and future parents, affiliates, and subsidiaries and other companies under common control and ownership.
  • We disclose personal information with your consent or at your direction.

We also use and disclose aggregated or de-identified information that cannot reasonably be used to identify you.

ANALYTICS

We engage others to provide analytics services and serve advertisements across the web and in mobile apps subject to certain written agreements where required by law. These entities may use cookies, web beacons, device identifiers, and other technologies to collect information about your use of our Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in mobile apps, links clicked, and conversion information.  Krispy Krunchy Foods and others may use this information to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites, and better understand your online activity.  In some cases, we may record information about your browsing session to help us identify technical issues or to improve our products and Services. 

Google Analytics and Advertising. We use Google Analytics to recognize you and link the devices you use when you visit our Sites or services on your browser or mobile device, log in to your account on our services, or otherwise engage with us. We share a unique identifier, like a user ID or hashed email address, with Google to facilitate the service. Google Analytics allows us to better understand how our users interact with our service and to tailor our advertisements and content to you. We may also utilize certain forms of display advertising and other advanced features through Google Analytics. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies together to inform, optimize, and display ads based on your past visits to the services. For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, go to Google Analytics Privacy Policy or to Google Opt-Outs to learn about Google Analytics’ currently available opt-outs. You may control your advertising preferences or opt-out of certain Google advertising products by visiting the  Google Ads Preferences Manager or NAI’s online resources.

Social Sharing and Links. Our website may include social media features, such as the Facebook Like button and widgets, such as the Share This button or interactive mini-programs that run on our Sites. These features may collect your IP address, which page you are visiting on our Sites, and may set a cookie to enable the feature to function properly. Social media features and widgets may be either hosted by a third party or hosted directly on our Sites. Your interactions with these features are governed by the privacy notice of the company providing it.

Do Not Track. Some browsers support a “Do Not Track” feature, which is intended to be a signal to websites that you do not wish to be tracked across different websites you visit. Sites operated by Krispy Krunchy do not currently respond to those signals. If you block or reject cookies, not all of the tracking described here will stop.

Google Analytics and Advertising. We use Google Analytics to recognize you and link the devices you use when you visit our Sites or services on your browser or mobile device, log in to your account on our services, or otherwise engage with us. We share a unique identifier, like a user ID or hashed email address, with Google to facilitate the service. Google Analytics allows us to better understand how our users interact with our service and to tailor our advertisements and content to you. We may also utilize certain forms of display advertising and other advanced features through Google Analytics. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies together to inform, optimize, and display ads based on your past visits to the services. For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, go to Google Analytics Privacy Policy or to Google Opt-Outs to learn about Google Analytics’ currently available opt-outs. You may control your advertising preferences or opt-out of certain Google advertising products by visiting the  Google Ads Preferences Manager or NAI’s online resources.

Social Sharing and Links. Our website may include social media features, such as the Facebook Like button and widgets, such as the Share This button or interactive mini-programs that run on our Sites. These features may collect your IP address, which page you are visiting on our Sites, and may set a cookie to enable the feature to function properly. Social media features and widgets may be either hosted by a third party or hosted directly on our Sites. Your interactions with these features are governed by the privacy notice of the company providing it.

Do Not Track. Some browsers support a “Do Not Track” feature, which is intended to be a signal to websites that you do not wish to be tracked across different websites you visit. Sites operated by Krispy Krunchy Foods do not currently respond to those signals. If you block or reject cookies, not all of the tracking described here will stop.

YOUR CHOICES

Account Information

You may update and correct certain account information at any time by logging into your account and editing your information. If you have questions about your account, please contact us at privacy@krispykrunchy.com.

Location Information

When you first launch any of our mobile sites that collect precise location information, you will be asked to consent to the site’s collection of this information. If you initially consent to our collection of such location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device.

Cookies

Most web browsers are set to accept cookies by default. If you prefer, you can usually adjust your browser settings to remove or reject browser cookies. Please note that removing or rejecting cookies could affect the availability and functionality of our Services.

PRIVACY RIGHTS

The CCPA, affords Operators residing in California certain rights with respect to their personal information.

California Sales and Sharing of Personal Information

California law requires that we provide transparency about personal information we “sell” or “share.” “Sale,” for the purposes of the CCPA, broadly means scenarios in which we have disclosed personal information with partners in exchange for valuable consideration, while “sharing” means we have disclosed information to a third party for cross-context behavioral advertising.  In addition, the CCPA has been interpreted to deem this “sharing” to also be a form of “sale.”  In the preceding twelve (12) months, Krispy Krunchy Foods has not “sold” or “shared” your personal information.

We do not knowingly sell or share personal information about consumers under the age of 16.

California Shine the Light

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not disclose personal information to third parties for their direct marketing purposes.

California Sales and Sharing of Personal Information

California law requires that we provide transparency about personal information we “sell” or “share.” “Sale,” for the purposes of the CCPA, broadly means scenarios in which we have disclosed personal information with partners in exchange for valuable consideration, while “sharing” means we have disclosed information to a third party for cross-context behavioral advertising.  In addition, the CCPA has been interpreted to deem this “sharing” to also be a form of “sale.”  In the preceding twelve (12) months, Krispy Krunchy Foods has not “sold” or “shared” your personal information.

We do not knowingly sell or share personal information about consumers under the age of 16.

California Shine the Light

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not disclose personal information to third parties for their direct marketing purposes.

Privacy Rights

Subject to certain limitations, you have the right to (1) request to know more about the categories and specific pieces of personal information we collect, use, and disclose, (2) request correction of your personal information, (3) request deletion of your personal information, and (4) not be discriminated against for exercising these rights. You may make these requests by sending an email to privacy @krispykrunchy.com or by calling us at 1-888-715-1950. 

If we deny your request, you may appeal our decision by contacting us at [insert contact information]. If you have concerns about the result of an appeal, you may contact the attorney general in the state where you reside.

If we receive your request from an authorized agent and they do not provide a valid power of attorney, we may ask the authorized agent to provide proof that you gave the agent signed permission to submit the request to exercise rights on your behalf. In the absence of a valid power of attorney, we may also require you to verify your own identity directly with us or confirm to us that you otherwise provided the authorized agent permission to submit the request. If you are an authorized agent seeking to make a request, please contact us at privacy@krispykrunchy.com.

CONTACT US

If you have any questions about this Privacy Policy, please contact us at privacy@krispykrunchy.com.