PRIVACY POLICY & TERMS OF USE

Last Updated: November 2012 – Changes from the previously posted April 24, 2009 Privacy Policy address privacy obligations in connection with content and information shared publicly by the user, information provided in connection with contests, sweepstakes, questionnaires and surveys as well as non-substantive format changes to enable users to better understand the terms.

PLEASE READ THE FOLLOWING PRIVACY POLICY & TERMS OF USE CAREFULLY BEFORE USING THE SITE. USE OF THE SITE SIGNIFIES YOUR AGREEMENT TO THE PRIVACY POLICY & TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE PRIVACY POLICY & TERMS OF USE, PLEASE DO NOT USE THIS SITE.

Driscoll's may update this Privacy Policy & Terms Of Use. Driscoll's will notify you about significant changes by placing a prominent notice on the Site on the initial page of this Privacy Policy & Terms Of Use. Your continued use of this Site following the posting of changes will mean that you accept and agree to the changes.

Questions? If you have any questions related to this Privacy Policy & Terms of Use or how your information is treated, please contact us by email at webmaster@driscolls.com or write to us at:

Driscoll’s
Attn: Customer Relations - Website
P.O. Box 50045
Watsonville, CA 95077-5045

PRIVACY POLICY

Driscoll's takes the privacy of your personal information seriously and is committed to protecting your personally identifiable information. This Privacy Policy describes Driscoll's practices with regard to personally identifiable information that is collected and received at the Driscoll's website (the "Site") which includes driscoll.com, mydriscolls.com any successor pages thereto, and other related websites owned operated by Driscoll Strawberry Associates, Inc. ("Driscoll's," "we," "us," or "our").

1. WHAT THIS PRIVACY POLICY COVERS.

1.1 Driscoll's collects some information about our online community to enable us to give credit where credit is due, improve the Site, and improve our products and services. As described below, the type of information collected and our use of that information varies depending upon your level of interaction with the Site.

1.2 This Privacy Policy does not cover how Driscoll's treats personally identifiable information that it obtains from other sources, such as offline, on other websites, or through email communications. This Policy also does not apply to the practices of companies that Driscoll's does not own or control, or to people that Driscoll's does not employ or manage.

1.3 If you are located outside the United States, please note that any information that you provide via the Site will be transferred to the United States. By using the Site, you consent to this transfer.

2. CONTENT AND INFORMATION YOU SHARE PUBLICLY.

If you share content and other information for publication on the Site, for example by submitting any text, article, recipe, blog, artwork, photo, audio file, video, or other content for publication on the site or by posting a comment on any forum or feedback field, that content and information is publicly available and can be seen, collected, and used by others. Such content and information may be associated with you, including your name, photo, and video and audio recordings of you and can be indexed by third party search engines, imported, exported, distributed, and redistributed by us and others through the internet and other media channels without privacy limitations

3. INFORMATION WE COLLECT.

3.1 We Collect Information Directly From You. 
When you register on this Site or sign up to receive email or text message newsletters, we collect the information you provide such as your name, email address, street address, state, zip code, country, birth month, fax number, telephone number, or company name.

3.2 We Collect Information From You Passively.
When you visit the Site, you are not anonymous. Like most Site operators, Driscoll's automatically receives and records information on our server logs from your browser, including your IP address, Driscoll's cookie information (if any), browser type, language preference, and date and time of each visitor request. Although this information is not personally identifying information in and of itself, some information (such as IP addresses) could potentially be personally identifying information when paired with other information. Cookies are text information files that store information about your visit to and use of this Site which your browser places on your computer when you visit a website. We may aggregate this data to analyze the viewing habits of visitors to the Site to improve the experience and relevance, but it will not be associated with any personally identifiable data and the cookies do not extract any information from your computer. Most web browsers automatically accept cookies, but allow you to modify security settings so you can approve or reject cookies on a case-by-case basis. You need not have cookies turned on to visit this Site but doing so may ensure the most optimal customer experience while using the Site.

4. HOW WE USE INFORMATION.

Driscoll’s uses the information we collect to respond to your questions and requests, to improve the Site (e.g., we might use cookies to track new or past website visitors; we may use tracking tools to see what areas of our Site are the most interesting to visitors), to update our email lists, to communicate with you about our relationship, and for further business purposes (e.g., we may use your email address to contact you about content you submit for publication or to share updates or events). We will not send you unsolicited emails unless you have opted in for marketing communication or we are contacting you to follow-up on a specific request, issue, or communication you have initiated with us.

4.1 Contests And Sweepstakes.
This Site sometimes includes notices of promotions we are conducting, and in some cases, we may permit you to enter electronically. If that occurs, we will use the information you provide for the purpose of conducting the promotion (e.g., to contact you if you are a winner).

4.2 Questionnaires And Surveys.
We may occasionally ask visitors to complete surveys and opinion polls about their attitudes and interests. Surveys help us to understand your needs. If sample answers to surveys are posted on the Site, no personally identifiable information will be included.

5. WHEN WE SHARE INFORMATION.

Driscoll's is not in the business of renting or selling personal information you provide on this Site to other people or nonaffiliated companies. Driscoll's does share your information to provide products or services you have requested, when we have your permission, and under the following circumstances:

• We provide information to business partners, affiliated entities, and vendors who work on our behalf or with Driscoll's. Some of our business partners, affiliated entities, and vendors may be located outside of the United States. These companies may use your personal information to help Driscoll's communicate with you about us or we may authorize them to collect information on our behalf. Examples of such arrangements include receiving your Customer Relation question or comment, sending and capturing survey questions and data, or receiving a career applicant’s resume, application or other job related information or attachment. However, these entities do not have any independent right to share this information.
• We may share your information to respond to subpoenas, court orders, or legal process or to otherwise cooperate with government or law enforcement agencies or officials, or to establish or exercise our legal rights or defend against legal claims.
• We may share your information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to physical safety of any person, violations of Driscoll's Privacy Policy & Terms of Use, or as otherwise required by law.
• We may transfer information about you if Driscoll's is acquired by or merged with another company or a portion of our business is sold to another company.

6. THIRD PARTIES.

We may allow third parties to post advertisements, applications, or links on our Site so you can access, interact with and use their advertisements, websites, and applications through our Site. These third parties may place cookies on certain pages of our website. This Privacy Policy does not cover or apply to those third parties or their use of cookies or information you provide to them through interaction with their advertisements, websites, or applications. We encourage you to review the privacy practices of these third parties before disclosing any personally identifiable information, as we are not responsible for the privacy practices or website content of those websites.

7. CONFIDENTIALITY AND SECURITY.

Driscoll's uses industry standard methods to protect data transmissions. Although Driscoll's takes appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy.

8. CHILDREN.

This Site is designed for adult users and Driscoll's does not knowingly collect personal information from anyone who has not reached the age of majority in the state or country in which he or she resides, nor does Driscoll's intentionally allow anyone who has not reached the age of majority in the state in which he or she resides to register as a member or submit content for publication on this Site. As such, Driscoll's strongly encourages parents to play an active role in their child's online activity. If you are a parent and suspect that your child has provided Driscoll's with personally identifiable information please contact us as indicated below.

TERMS OF USE

These Terms Of Use are binding upon you and govern your relationship with Driscoll’s and therefore you should visit this page from time to time to review the then-current Terms Of Use. It is your responsibility to check these Terms Of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

1. OWNERSHIP.

1.1 "Content" means all visual, written, or audible data, information or material including, without limitation: any text, images, logos, trademarks, service marks, graphics, photos, animation, music, sound, artwork, video, recipes, or any other materials contained within the Site. Content is proprietary to Driscoll's and is protected by United States copyright and trademark law, international conventions and other applicable laws All marks, logos, and designs appearing on this Site are registered trademarks or trademarks of Driscoll's Strawberry Associates, Inc. in the United States and certain other countries, unless otherwise indicated. All Content is offered to you for limited use solely pursuant to these Terms Of Use. Use of Content is limited to personal and non-commercial use. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity, service marks, trade names, or trademarks with respect to any of the Content. Content and derivative works based on Content may not be copied, reproduced, reprinted, transmitted, uploaded, reposted, downloaded or distributed herein in whole or in part, either commercially or publicly unless prior written permission has been obtained from Driscoll’s. You acknowledge and agree that no right, title, or interest in any Content or the Site is transferred to you as a result of your use of the Content or Site. Driscoll's reserves all rights not expressly granted hereunder.

1.2 "Submission" means all Content, ideas, comments, suggestions, concepts or other material you submit to Driscoll's. All Submissions become the property of Driscoll's. You acknowledge and agree that other than a thank you that you may receive, you will not receive any additional consideration for a Submission. You agree to cooperate with and execute any documents requested by Driscoll's to enable Driscoll's to enforce intellectual property rights in a Submission against third parties. Driscoll’s reserves the rights to use such Submissions for any and all purposes including, but not limited to commercials, brochures, magazines, print, promotion, trade and editorial usage in any form, media or technology now know or later developed, without restriction. Nothing herein will constitute any obligation by Driscoll's to make any use of the Submission or associated rights.

1.3 Notice Of Copyright Infringement Claims. We respect the copyright of others and we ask you to do the same. If you believe that copyrighted material may have been or is being infringed with respect to any items on the Site, please notify us pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c) by filling out, signing and submitting a Proprietary Rights Complaint Process and Notification Form to our designated agent. You may Contact Us to request a copy or call our 24 hour toll-free number at 1-800-871-3333. The Notification Form must be fully completed to be effective.

2. YOUR OBLIGATIONS & CONDUCT.

You agree that you will not use the Site to:

2.1 transmit software viruses, worms, trojan horses or any other computer code, files, or programs to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment;

2.2 injure Driscoll's or other users of the Site;

2.3 pretend to be Driscoll's or someone else or otherwise misrepresent your identity or affiliation;

2.4 link to your website, unless you receive Driscoll's prior express written consent;

2.5 violate or infringe anyone's intellectual property rights;

2.6 interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site; or

2.7 upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable or harmful of minors

3. DISCLAIMER OF WARRANTY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS. DRISCOLL'S AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PATELLAR PURPOSE AND NON-INFRINGEMENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH US FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THESE TERMS OF USE. NO USE OF THE CONTENT OR THIS SITE IS AUTHORIZED HEREUNDER EXCEPT PURSUANT TO THESE DISCLAIMERS.

4. LIMITATION OF LIABILITY

4.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT DRISCOLL'S AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE.

4.2 Links To Third Party Sites. Any links to the internet sites of third parties are provided solely for your convenience and such sites are not owned, controlled, or operated by Driscoll's. Driscoll's has no control over any linked third party sites, is not responsible for the content of such sites, and makes no representations or warranties with respect to such sites. If you click through to a third party site, you do so at your own risk.

5. MISCELLANEOUS.

5.1 These Terms of Use constitute the entire agreement between you and us and governs your use of the Site superseding any prior agreements between you and us, whether written or oral, relating to the subject matter.

5.2 These Terms of Use and the relationship between you and us is governed by the laws of the State of California, without regard to its conflict of law principles, to the extent such principles would require or result in the application of another state's laws. All disputes in relation thereto shall be subject to the non-exclusive jurisdiction of the federal courts located in the State of California.