Privacy Notice

Aviso de privacidad – México (Privacy Notice – Mexico)

Last Revised: January 1, 2023

Schwan's Company and its subsidiaries (collectively, "Schwan's") respect your privacy and are committed to protecting it through our compliance with applicable laws and this Privacy Notice ("Notice").

This Notice describes how Schwan's collects, uses, discloses, transfers, stores, retains or otherwise processes your information when you (whether in your individual or business capacity) access or use, in any manner, any content, products, or related activities (collectively "Offerings"), as well as Offerings through its affiliates that might take place on websites owned and/or operated by Schwan's or through other channels. The Internet domains owned and/or operated by Schwan's include, but are not limited to:

• https://anniechun.com
• https://www.betterbaked.com/
• https://bibigogotchu.com
• https://www.bibigousa.com/
• https://chefonefoods.com/
• https://cjfoods.com
• https://www.draytonfoods.com/
• https://www.edwardsdesserts.com/
• https://www.edwardsdessertkitchen.com/
• https://www.freschetta.com/
• https://www.hearthandfirepizza.com/
• https://www.kahiki.com/
• https://www.mrssmiths.com/
• https://www.pagodasnacks.com/
• https://www.pottstowntins.com/
• https://www.redbaron.com/
• https://www.schwanscompany.com/
• https://www.schwansfoodservice.com/
• https://www.schwansjobs.com/
• https://schwanskitchencircle.com/
• https://www.schwansmarketingkits.com/
• https://www.tonys.com/

We refer to the above website and all related websites as "sites" and to each of them as a "site." When we refer to "we," "us," or "our," we mean Schwan's, or the specific division, subsidiary, or affiliate that operates a site, provides its content, or processes information received through it, each as appropriate and applicable. When we refer to "you" or "your," we mean the person accessing the site. If the person accessing the site does so on behalf of, or for the purposes of, another person, including a business or other organization, "you" or "your" also means that other person, including a business organization.

This Notice applies to your use of our Offerings, and covers information collected in connection with your access to and use of our Offerings, including those Offerings provided through sites on which this Notice appears, which are owned and/or operated by Schwan's on its own behalf or on behalf of one or more of its affiliates. Please read this Notice carefully. By continuing to interact with our Offerings, you are consenting to the practices described in this Notice.

Please note, however, that this Notice does not apply to employment-related personal information collected from employees, job applicants, contractors, or similar individuals (see PRIVACY NOTICE – EMPLOYEES/APPLICANTS).

I. TABLE OF CONTENTS

1. TABLE OF CONTENTS
2. GENERAL DISCLOSURES
3. WHAT INFORMATION WE COLLECT
4. HOW WE USE YOUR INFORMATION
5. DISCLOSURE OF YOUR PERSONAL INFORMATION
6. LINKING SITES
7. SOCIAL MEDIA
8. HOW LONG WE RETAIN YOUR INFORMATION
9. MARKETING AND PROMOTIONAL COMMUNICATIONS
10. CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA) COMPLIANCE AND RELATED INFORMATION
11. SECURITY
12. STATE PRIVACY RIGHTS FOR RESIDENTS OF CALIFORNIA, COLORADO, CONNECTICUT, AND VIRGINIA
13. CHANGES TO THIS NOTICE
14. CONTACT INFORMATION

II. GENERAL DISCLOSURES

The sites owned and/or operated by Schwan's are hosted in the United States. If you are visiting the sites from outside of the United States, please note that by providing your information it is being transferred to, stored or processed in the United States and other countries where our data center and servers are located and operated. This section sets forth Schwan's general privacy practices with respect to consumer information for the United States. By using the sites or engaging with the Offerings, you unambiguously consent to the transfer of your personal information and other information to the United States and elsewhere for the purposes and uses described in this Notice.

Depending on your state or country of residence, applicable privacy laws may provide you the ability to request access to, correction of, or deletion of your information, as further outlined below. That said, if you are using the sites or Offerings from a country without jurisdiction over Schwan's, you acknowledge that Schwan's may not be subject to all international privacy laws, and, therefore, you may be unable to claim the privacy rights provided in the law of your local country. If you are outside the United States and do not wish to allow the transfer of your personal information to the United States, you should not use these sites or the Offerings.

We take your privacy and the protection of your personal information seriously. We will only store, process and disclose your personal information in accordance with applicable law. We will make it clear when we collect personal information and will explain what we intend to do with it. We do our best to protect your privacy through the appropriate use of information security measures.

III. WHAT INFORMATION WE COLLECT

1. CATEGORIES OF PERSONAL INFORMATION THAT MAY BE COLLECTED

Schwan's may collect different information from or about you depending on the manner in which you use our sites or Offerings. The following examples are provided to help you better understand the information we may collect through your access or use of the Offerings, including the sites:

• Identity and Demographic Information – includes first name, middle initial, last name, date of birth, gender, marital status, household income, age range, household size.
• Contact Information – includes personal mailing address, email address, telephone number.
• Financial Information – includes bank account information and payment card details (for certain Offerings providing direct sales).
• Marketing and Communications Information – includes your preferences in receiving marketing from us and our third parties and your communication preferences.
• Other Brand Interaction Information – includes information about how you interact with our Offerings outside of social media accounts (e.g., on blogs or other internet websites or with our consumer care team).
• Profile Information – includes your username and password, customer number, purchases or orders made you or your employer, preferences, feedback, and survey responses (for certain Offerings providing profiles, login accounts, and/or direct sales).
• Social Media Information – includes information gathered from a search of your social media accounts, as well as information you communicate to or about us on social media (including through private messages to our social media accounts).
• Technical Information – includes your internet protocol (IP) address, other information about your computer or wireless device, browser type and version, geolocation data, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the sites.
• Transaction Information – includes details about products you have purchased from us (for Offerings providing direct sales).
• Usage Information – includes information about how you use our sites and products, including usage statistics about your interaction with Schwan's sites, including pages accessed, referring website address(es) time spent on pages, pages visited, search queries, click data, date and time and other information regarding your use of Schwan's sites.
• User-Generated Content – includes information and content that you create and then share with Schwan's on third party social networks or by uploading it to one of our sites or apps, including through the use of third-party social media apps such as Facebook. Examples include photos, videos, personal stories, or other similar media or content.

Note that in certain jurisdictions, including California, certain limited information that we collect about you may be considered “sensitive,” and such information is only collected for the limited purposes needed to fulfill a transaction with you. In particular, certain financial information needed to process transactions may be considered sensitive.

2. INFORMATION YOU PROVIDE TO US DIRECTLY

The ways we collect information from you directly include:

• Information that you provide by filling in forms on our sites. This includes, but is not limited to, information provided: (a) when you submit a request on a site; (b) at the time you enter a sweepstakes, contest, or other promotion sponsored by us; (c) when you report a problem with a site; (d) in order to make a purchase via a direct sales Offering either via your account or as a "guest" account.
• Records and copies of your correspondence and purchase history (including email address) if you contact us or engage with a direct sales Offering.
• Your responses to surveys that we might ask you to complete for research purposes.
• Your search queries on our sites.

You also may provide User-Generated Content to be published or displayed (hereinafter, "posted") on public areas of one of our sites or on a third-party website. Your User-Generated Content is posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users of our sites or of third-party websites with whom you may choose to share your User-Generated Content. Therefore, we cannot and do not guarantee that your User-Generated Content will not be viewed by unauthorized persons. In addition, if you post User Generated Content, all of the information that you post will be available to authorized personnel of Schwan's. You expressly acknowledge and agree that we may access in real-time, record, and store archives of any User Generated Information on our servers to make use of them in connection with the Offerings. Additional details regarding User-Generated Content are available in our User-Generated Content Terms and Conditions.

You also may provide us information that we may use for consumer care and for legal purposes. This may include information regarding your complaints or evaluations of our Offerings, including, but not limited to: (a) allergy or related medical information; (b) information describing your user experience with one of our Offerings; and (c) your thoughts, opinions and mental impressions of an Offering.

3. INFORMATION RECEIVED THROUGH THIRD-PARTY PLATFORMS (INCLUDING SOCIAL MEDIA)

You may access our sites through third-party platforms, such as Facebook. If you use our sites on or through a third-party platform, including via any mobile and/or other Internet connected devices ("Wireless Devices"), or click on third-party links, the collection, use, and disclosure of your information and your use of the sites will also be subject to the privacy policies and other terms of such third parties or third-party platforms. You should review such privacy policies, terms and other agreements. In addition, if you submit a review, recommendation, endorsement, or other content that could be deemed User-Generated Content (defined above) through other websites such as Facebook, Instagram, Google, Yelp, and other similar channels, we may collect and share that review, recommendation, endorsement, or content publicly on the Offerings. Additional details regarding User-Generated Content are available in our User-Generated Content Terms and Conditions.

4. INFORMATION WE COLLECT FROM THIRD PARTIES

Schwan's collects certain information about or relating to you from third parties (i.e., any entity other than Schwan's Company or its subsidiaries) who directly or indirectly collected the information from you. This includes, but is not limited to, entities we engage to provide services to us ("Service Providers") and social media websites. For additional information regarding data collected from social media platforms, please refer to the section entitled SOCIAL MEDIA.

5. INFORMATION COLLECTED THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES

When you access Schwan's sites, Schwan's and third parties may use automatic data collection technologies to collect certain information about your equipment, browsing actions, patterns, etc., including, without limitation, Technical Information and Usage Information (as such terms are defined in Section 1 of this Section III). The information we and/or third parties collect on our sites automatically may include personal information, or we and/or such third parties may maintain it or associate it with personal information collected in other ways or received from third parties. For more detailed information regarding collection of your information through automatic means and how we use cookies and other technology, please review additional information in Schwan’s Cookie Notice.

IV. HOW WE USE YOUR INFORMATION

We may use information about you for a number of purposes, including:

1. PROVIDING, IMPROVING, AND DEVELOPING OUR OFFERINGS

• Providing you with the Offerings you choose to use;
• Allowing account or profile creation and maintenance to you on Offerings providing such capability;
• Processing or recording orders, payment transactions, or money transfers (for Offerings providing direct sales or other such capabilities);
• Maintaining and improving our Offerings (e.g. from your feedback and website usage);
• Developing new products and Offerings;
• Delivering the information and support you request, including digital receipts (for Offerings providing direct sales); and
• Improving, personalizing, and facilitating your use of our Offerings.

2. COMMUNICATING WITH YOU ABOUT OUR OFFERINGS

• Responding to your questions or concerns;
• Sending you information we think you may find useful or which you have requested from us about our Offerings and the industry we serve;
• Sending push notifications to your desktop or wireless device (based on appropriate consent) to provide updates on relevant Offerings, which can be managed through your computer or smartphone browser;
• Conducting surveys and collecting feedback about our Offerings; and
• Contacting you to resolve disputes and provide assistance with our Offerings.

3. PROTECTING OUR OFFERINGS AND MAINTAINING A TRUSTED ENVIRONMENT

• Enforcing our Terms of Use or other applicable agreements or policies;
• Verifying your identity;
• Complying with any applicable laws or regulations, or in response to lawful requests for information from the government or through legal processes;
• Fulfilling any other purpose disclosed to you in connection with our Offerings; and
• Analyzing trends and user traffic, tracking purchases, security threats, and usage information.

4. ADVERTISING AND MARKETING

• Marketing our Offerings; and
• Communicating with you about opportunities, products, promotions, discounts, incentives and rewards offered by us and select partners.

Please note that if we send you marketing emails, each email will contain instructions permitting you to unsubscribe from receiving future marketing or other communications.

5. OTHER USES

• For any other purpose disclosed to you in connection with our Offerings from time to time.

V. DISCLOSURE OF YOUR PERSONAL INFORMATION

We do not sell your personal information to third parties, and we also do not allow the third parties with whom we share your personal information to sell it. For the avoidance of doubt, this includes personal information of minors under 16 years of age.

We may disclose the personal information we collect or you provide as described in this Notice:

• To fulfill or meet the reason you provided the information;
• To our subsidiaries and affiliates, including where we may be operating and/or owning websites or Offering on behalf of our affiliates, and sharing information associated with those affiliate's customers;
• For testing, research, analysis, and product development, including to develop and improve our Offerings, including the sites;
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the assets of Schwan's Company or its subsidiaries, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Schwan's about site users is among the assets transferred. We will require any such purchaser, assignee, or other successor business entity to honor the terms of this Notice to the extent possible;
• To respond to law enforcement requests, to bring a legal action, and as required by applicable law, judicial proceedings, court order, or governmental regulations;
• With your consent;
• Aggregated, anonymized or de-identified information for any purpose. Aggregated, anonymized or de-identified information is information that can no longer reasonably identify a specific individual, and is not considered personal information in most jurisdictions. Although such information may be derived from your personal information, it can no longer directly or indirectly reveal your identity; and
• To third parties for a business purpose, including to Service Providers. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In order to synthesize some of the information provided above, below is a table listing the general categories of consumer personal information that Schwan's currently collects, the sources from which that information may be collected, the categories of third parties to which Schwan's may disclose such personal information, and the business purpose for which the information may be disclosed to third parties. This table is intended to be read in conjunction with the information provided above.

We will not use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

VI. LINKING SITES

The sites contain links to other websites. Schwan's is not responsible for the privacy practices or the content of such websites, including any websites that may indicate a special relationship or partnership with us (such as co-branded pages or "powered by" or "in cooperation with" relationships). We do not share information we gather with other websites or any other entities or individuals unless such sharing is disclosed to you in advance through this Notice. Other linked websites, however, may collect personal information from you that is not subject to our control. To ensure protection of your privacy, always review the privacy policy of the websites you may visit by linking from the sites (including by linking through social media features on the sites, such as through a Facebook "Like" button). Please note that this Notice applies only to our sites, and not to other companies' or organizations' websites to which we link.

On certain sites, we may use an unaffiliated payment service to enable you to purchase an Offering or make payments on a third-party payment service provider website ("Payment Service"). If you wish to purchase a product or make a payment using a Payment Service, you will be directed to a page operated by that Payment Service. Any information that you provide to a Payment Service will be subject to the applicable Payment Service's privacy policy, rather than this Notice. We have no control over, and are not responsible for, any Payment Service's use of information collected through any Payment Service.

VII. SOCIAL MEDIA

As noted above, one source through which we may collect information is from social media platforms (which may share information about how you interact with our social media content). We do not control how your personal information is collected, stored or used by such third-party websites or to whom it is disclosed. You should review the privacy policies and settings on any social media website that you subscribe to so that you understand the information they collect and may be sharing. If you do not want a social media website to share information about you, you must contact that website and determine whether it gives you the opportunity to opt-out of sharing such information. Schwan's is not responsible for how these third-party websites may use information collected from or about you.

VIII. HOW LONG WE RETAIN YOUR INFORMATION

We generally retain your information as long as reasonably necessary to comply with our document retention policy and applicable law, applicable statute of limitations, or as we believe is reasonably necessary to comply with applicable law, regulation, legal process or governmental request. In some circumstances we may anonymize your personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

IX. MARKETING AND PROMOTIONAL COMMUNICATIONS

You may unsubscribe from receiving marketing and promotional messages from Schwan's, if those messages are powered by Schwan's, by following the instructions in those messages. If you decide to unsubscribe, you will still receive non-promotional communications relevant to your use of our Offerings.

CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA) COMPLIANCE AND RELATED INFORMATION

None of our sites are intended for children under 16 years of age. It is our policy to refrain from knowingly collecting or maintaining personal information relating to any person under the age of 16. If you are under the age of 16, please do not supply any personal information through the sites. If you are under the age of 16 and have already provided personal information through the sites, please have your parent or guardian contact us immediately using the information provided under CONTACT INFORMATION so that we can remove such information from our files. If you believe we might have any information from or about a child under 16, please contact us at CONTACT INFORMATION.

XI. SECURITY

We take reasonable measures, including administrative, technical, and physical safeguards, to protect your information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. That said the security of personal data transmitted through the internet or via a mobile device can never be guaranteed. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data. We hold information about you both at our own premises and with the assistance of third-party service providers. Further public disclosure here of our security measures could aid those who might attempt to circumvent those security measures.

If you are utilizing a web-based login through any Offerings, you are responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of the Offerings. In order to protect you and your information, we may suspend your account and use of any of the Offerings, without notice, pending an investigation, if any breach of security is suspected.

XII. STATE PRIVACY RIGHTS FOR RESIDENTS OF CALIFORNIA, COLORADO, CONNECTICUT, AND VIRGINIA

If you are a resident of the states of California, Colorado, Connecticut or Virginia, your state’s privacy protections extend to your use of the Offerings. Throughout this Notice you will find information required by such state laws regarding the categories of personal information collected from you, the purposes for which we use personal information, and the categories of third parties   with which your data may be shared. This information is current as of the date of the Notice and is applicable in the 12 months preceding the last revised date of the Notice.

1. Your Privacy Rights

Your state law may provide you with certain rights with regard to your personal information. These rights may include the following:

• Right to know (i.e. request information about) your personal information;
• Right to access your personal information;
• Right to request deletion of your personal information;
• Right to correct your personal information;
• Right to data portability (receive you personal information in a standard, machine readable format); and
• Right to opt-out of or limit certain uses, processing, and or disclosure.

As a resident of California, Colorado, or Virginia, your state law provides you the ability to make inquiries regarding your personal information. Specifically, the degree to which this information is not already provided in this Notice, you have the right to request disclosure about the collection and use of your personal information over the past 12 months, including:

• The categories of personal information collected about you.
• The categories of sources for the personal information collected about you.
• The business or commercial purpose for collecting your personal information.
• The categories of third parties with whom your personal information was shared.
• The specific pieces of personal information collected about you.
• If your personal information was disclosed for a business purpose, the personal information categories disclosed and the categories of third parties to which the information was disclosed.
• If your personal information was sold in the past 12 months, the personal information categories sold and the categories of third parties to which the information was sold. Schwan’s does not sell, re-sell, distribute for re-sale, or share, as that term is defined in applicable legislation, your personal information.

Requests you make regarding your personal information collected and retained may be subject to certain exceptions. For example, Schwan’s cannot delete your personal information if it is being used as a part of a current contract or transaction. Schwan’s will inform you of such exceptions in its response to your request.

If Schwan’s is selling, re-selling, or otherwise distributing your personal information in exchange for monetary compensation, advertising, or other purposes, you may have the right to opt-out or limit such sales or disclosures. However, at this time, Schwan’s does not sell, re-sell, distribute for re-sale, or share, as that term is defined in applicable legislation, your personal information. Finally, you have the right to not receive discriminatory treatment by Schwan’s or any business for exercising any of the rights provided under your state law.

2. MAKING A REQUEST AND VERIFICATION

If we receive a request from you, we will first make a determination regarding the applicability of your state’s law, and we will then take steps to verify your identity prior to responding. The steps to verify your identity may vary based on our relationship with you, but, at a minimum for your protection, Schwan's is required to collect certain information from you to verify your identity before we respond to any request submitted by you. To verify any request or exercising of rights described here, you will be required to provide information to verify your identity (e.g., name, address, and e-mail address). Failure to do so could result in Schwan's inability to comply with your request. The information you provide to verify your identity will only be used for verification purposes, and a record of your request, including certain information contained within it, will be maintained by Schwan's for its files.

If you would like to exercise your privacy rights and make a request as described here, please use the information provided under CONTACT INFORMATION and contact Schwan's. Depending on your jurisdiction, you may make requests regarding your data one to two times a year, free of charge. However, Schwan’s may charge a reasonable fee or deny a request that is considered manifestly unfounded or excessive. Schwan’s will respond to your request within 45 days. If for any reason your request is denied, Schwan’s will provide a “no action” explanation within the 45-day period. If your jurisdiction offers you a right to appeal such denial, you will be informed of your right to appeal that decision.

For residents of certain states, your rights as stated here can also be exercised by an authorized agent on your behalf. Where a state law, regulation, or regulator has described the process for establishing an authorized agent, Schwan’s will follow the standards set by that state law.  For example, the Attorney General of California has set certain standards regarding designation of an authorized agent to exercise rights under California’s privacy legislation, which you may review to ensure you are submitting a compliant request. Schwan's can deny any request made by an agent who does not submit proof that he or she has been authorized by a resident to act on that resident's behalf.

3. NON-DISCRIMINATION FOR EXERCISING PRIVACY RIGHTS

Under the privacy law of certain states, residents of those states have the right not to receive discriminatory treatment by Schwan's or any business for the exercise of their privacy rights. However, the exercise of certain privacy rights by those residents may make it so that Schwan's is no longer able to provide those residents with certain aspects of the Offerings. For example, if, at the request of a California resident, Schwan's deletes all of the California resident's personal information that it maintains, Schwan's will no longer be able to send marketing communications to that resident unless that resident re-submits personal information to Schwan's.

4. NO SALE OF INFORMATION

As previously stated, Schwan's has not, in the last 12 months, sold your information, nor does Schwan's have plans to sell your information in the future.

5. DO NOT TRACK

“Opt-Out Preference Signals,” “Global Privacy Control (GPC),” and “Do Not Track” (“DNT”) are browser settings and/or downloadable signals that allow users to notify websites of an individual’s privacy preferences. For example, DNT is a preference you can set in your web browser to inform websites you visit that you do not wish to be tracked. Such browser settings must be supported by the website you are visiting to be effective. Currently, there is no accepted standard for how a website should respond to these signal. As such, Schwan’s is not currently able to support such browser codes, and Schwan’s will not automatically acknowledge and/or respond to your particular settings when you access the Offerings. However, you may make a request to opt-out of or limit any processing activities as described herein or through the links available on the Offering.

6. DIRECT MARKETING

In addition to CCPA, California Civil Code Section 1798.83 permits users of the sites who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us as described here.

XIII. CHANGES TO THIS NOTICE

Please check this Notice periodically for changes - this Notice may be revised from time to time as we add new features and Offerings, as laws change and as industry privacy and security best practices evolve. The effective date is listed on the top of this Notice so you can easily identify when there has been a change. If we make any material change to this Notice regarding the use or disclosure of personal information, we will provide notice of the change on our sites and the change will apply to information collected after the change becomes effective. Small changes or changes that do not significantly affect individual privacy interests may be made at any time and without prior notice. Your use of any site constitutes acceptance of the provisions of this Notice and your continued usage after such changes are posted constitutes acceptance of each revised Notice. If you do not agree to the terms of this Notice or any revised Notice, please exit the site immediately. If you have any questions about this Notice, the practices of the sites, or your dealings with the sites, please contact us using the in the CONTACT INFORMATION section.

XIV. CONTACT INFORMATION

Please contact Schwan's with any questions or concerns regarding this Notice using the following information:

TOLL-FREE NUMBER: 1-866-263-6660
E-MAIL ADDRESS: privacyrequest@schwans.com
FORM: Request to Know/Request to Delete

If you believe our Notice or applicable laws relating to the protection of your personal information have not been respected, you may file a complaint with Schwan's using the contact information listed above, and we will respond to let you know who will handle your concern and when you can expect a further response. We may request additional details from you regarding your concerns and may need to engage or consult with other parties in order to investigate and address your issue. We may keep records of your request and any resolution.