Privacy Policy

HOW WE USE YOUR PERSONAL INFORMATION

We use the Personal Information we obtain about you for a variety of commercial and business purposes as described below. 

We Use Personal Information To Contact You.
We may use your Personal Information to respond to your questions and requests, to communicate with you about the Services and your relationship with Driscoll’s, or to share updates or notify you of events. 

We Use Personal Information To Improve Our Products And Services and Manage Business Operations.
We may use your Personal Information to manage our business operations and perform our obligations and exercise our rights under any agreement that you have entered into with us. We may also use your Personal Information to make our Sites and Services better or to customize your experience on our Sites. We may occasionally ask you to complete surveys and opinion polls about your attitudes and interests so that we can provide better products and Services.

We Use Personal Information For Marketing Purposes.
We may use your Personal Information to send you information about features and enhancements on or to our Sites, or other advertisements, newsletters or other materials about our products and services, such as special or promotional events, including services, products, or events for which we collaborate or co-offer with a third party. We may also use your Personal Information to administer contests, sweepstakes, promotions, and surveys when you sign up to participate in those events.  In addition, if you provide contact information for another individual or individuals on the Sites, such as to send an invitation to a friend, we will use this information to make the requested communication to such individual or individuals.  Please do not disclose any Personal Information relating to other people to us unless you have the authority to do so.

We Use Personal Information For Analytical Purposes.
We may aggregate and/or de-identify the Personal Information we collect or receive to perform statistical, demographic, and marketing analyses of users of the Sites and Services. Generally, aggregated or de-identified information is not treated as Personal Information under applicable law. To the extent that we use de-identified information, we commit to maintaining and using the information in de-identified form and we will not attempt to reidentify the information, except as permitted or required under the applicable law. 

We Use Personal Information For Security Purposes Or Other Lawful Purposes.
We may use your Personal Information to protect our company, our employees, our customers, and our Sites and Services, and to comply with our legal and regulatory obligations. In particular, we may use Personal Information to establish or exercise our rights, and to defend against a legal claim. We use Personal Information to detect, investigate, prevent, or take action regarding possible malicious, deceptive, fraudulent, or illegal activity, including fraudulent transactions, attempts to manipulate or violate our policies, procedures, and terms and conditions, security incidents, and harm to the rights, property, or safety of Driscoll’s and our users, customers, employees, or others. 

For Other Uses To Which You May Consent.
We may use your Personal Information for other purposes to which you consent. 

WHEN WE DISCLOSE YOUR PERSONAL INFORMATION

We disclose, or may have disclosed in the prior 12 months, your Personal Information to third parties as described below. For information about how to manage your information and the choices you have, see “Your Choices” below.

We Disclose Personal Information To Affiliated Companies.
We may disclose your Personal Information to subsidiaries, affiliates or strategic partners as needed to provide our products and Services and generally as necessary to administer a global organization.

We Disclose Personal Information To Third Parties Who Perform Services On Our Behalf.
We work with trusted business partners and third party service providers who do work on our behalf, such as sending emails for us, operating our Sites, or running promotions or surveys for us. We also engage service providers to perform a variety of other services on our behalf, such as our sweepstakes and contest administrators, email and texting providers, loyalty program operators, technical support providers, customer service providers, delivery services, research and analytics providers. If we disclose Personal Information to these third parties, we will require these third parties to maintain the confidentiality and security of your Personal Information, and they will be restricted from using or disclosing such Personal Information in any way other than to provide the requested services to the Sites or as otherwise required by law.

We Disclose Personal Information If Required By Law Or To Protect Our Rights.
We may disclose your Personal Information to respond to a court order or subpoena, or to otherwise cooperate with government or law enforcement agencies or officials. We may disclose your Personal Information to protect and defend our legal rights. We may also disclose your Personal Information if we believe it is necessary to investigate or prevent illegal activities, such as fraud, threats to the safety of any person, violations of this Privacy Policy or Driscoll's Terms of Use, or as otherwise required by law.

We May Disclose Personal Information In The Case Of A Sale, Assignment, Or Change Of Control.
We may change our ownership or corporate organization while providing the Sites and Services. We may transfer to another entity or its affiliates or service providers some or all Personal Information about you in connection with, or during negotiations of, any merger, acquisition, sale of assets or any line of business, change in ownership control, or financing transaction. 

When You Post Content On The Sites, It May Be Disclosed To The Public.
Content that you voluntarily post on the Sites, such as articles, recipes, blog posts, or survey answers, may be publicly available and able to be seen, collected, and used by others. You should use care before posting information about yourself online. 

Additional Disclosures Of Personal Information. 
From time to time, we may disclose your Personal Information to our attorneys, banks, auditors, or other professional service providers and advisors in connection with the purposes described above. We may disclose your Personal Information with your consent to other unaffiliated third parties who are not described elsewhere in this Privacy Policy. 

LEGAL BASIS FOR COLLECTING AND USING YOUR PERSONAL INFORMATION 

Where required by applicable law to do so, Driscoll’s relies on the following legal bases or grounds for the collection, processing, and disclosure of your Personal Information:

• As necessary to provide a service or complete a transaction with you (such as when we respond to your requests);
• Consent (where you have provided consent as appropriate under applicable law, such as for direct marketing or for certain digital marketing activities);
• As necessary for legitimate business interests (such as when we act to maintain our global business generally, including maintaining the safety and security of the Sites); and
• For compliance with legal obligations, particularly in the area of labor and employment law, social security and protection law, data protection law, tax law, and corporate compliance laws.
  The provision of your Personal Information is partly a statutory requirement and partly a contractual obligation.
   

FINANCIAL INCENTIVE PROGRAM 

Driscoll’s offers Driscoll’s Berry Rewards Program to customers, which provides certain perks, such as rewards, discounts, and exclusive offers (the “Program”). When you sign up for the Program, we will ask you to provide your name, email address, zip or postal code, country, birth month, and telephone number. To provide the Program, we may disclose this and other Personal Information as described in the section entitled “Disclosures of Your Personal Information.” Because our Program involves the collection of Personal Information, it might be interpreted as a “financial incentive” program or a “bona fide loyalty program” under applicable law. 

We generally do not assign monetary value to Personal Information or promotional activities in which we engage. To the extent we create overall value from the Program to our business that could be directly or reasonably related to the value of Personal Information, the method for calculating the value would include: (1) costs related to maintaining the Program, including but not limited to IT infrastructure, delivery of offers, and skilled marketing teams with the appropriate knowledge to enhance Personal Information; (2) whether the sales generated by the Program exceed the cost to us of offering the Program, including the value of discounts to customer; (3) the value of the insights we are able to create based upon aggregate data; and (4) such other data and/or metrics we may consider relevant to any such calculation. These factors may change over time. 

Finally, to the extent that you request the deletion of your Personal Information, you may not be able to continue to participate in the Program, because we require your Personal Information to manage your Program account. You may opt-out of the Program by contacting us at the address described at the end of this Policy. 

THIRD PARTY LINKS AND WEBSITES

We may provide links to other websites, services, and applications (e.g., Facebook, Twitter) that are not operated or controlled by us (“Third Party Sites”). These Third Party Sites also may include activity feed, social media buttons and widgets, such as “Like” or “Share This” buttons. This Privacy Policy does not apply to your use of Third Party Sites. You should review and understand the privacy practices of any Third Party Sites before using them and providing them with your information.

YOUR RIGHTS AND CHOICES

Depending on where you are located (e.g., California, the European Union, the United Kingdom), you may have certain rights regarding your Personal Information:

Your Right to Know and Right of Data Portability.
You have the right to request that we provide certain information to you about our collection and use of your Personal Information. You also have the right to request that we provide the specific pieces of Personal Information we collected about you in a machine readable format.

Your Right to Delete.
You also have the right to request that we delete Personal Information collected from you subject to certain exceptions. As explained above, we cannot delete your Personal Information without removing you from rewards programs or other programs that for which you have signed up or entered.

Your Right to Correct.
If we receive a verifiable request from you to correct inaccurate Personal Information about you, we will use commercially reasonable efforts to correct such Personal Information.

Your Right to Restrict Processing.
You have the right to request that we restrict the processing of your Personal Information, under certain conditions.  In such case and if the right applies, the respective Personal Information will be marked and may only be processed by us for certain purposes.

Right to Object to Processing.
You have the right to object to our processing of your Personal Information, under certain conditions, and we can be required to no longer process your Personal Information. Such right to object may especially apply if we collect and process your Personal Information through automated decision making, such as profiling, to better understand your interests in our products and services or for direct marketing, which we do not do at the current time.  If you have a right to object and you exercise this right, your Personal Information will no longer be processed by us for such purposes.  Such a right to object may not exist if the processing of your Personal Information is necessary to take steps prior to entering into a contract or to perform a contract already concluded. 

Right to Withdraw Consent.
Where we rely on your consent to process your Personal Information, you have the right to withdraw that consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal. 

Right to Opt-Out of the Sale or Sharing of Personal Information.
We do not and have not in the preceding 12 months, sold your Personal Information (disclosed your Personal Information with a third party in exchange for monetary compensation and/or other valuable consideration). However, we have shared (in this context, share means use of your Personal Information for cross-contextual behavioral advertising) your Personal Information. To opt out of our use of cross-contextual behavioral advertising click on the “Do Not Sell or Share My Personal Information” button at the footer of our Site. To learn how to manage Cookies and other tracking tools used by Driscoll’s or on the Sites, see the "Tracking Technologies" section below.  

You Can Opt-Out Of Receiving Our Marketing Emails.
When you sign up for our newsletter or rewards programs, you will be asked to provide us with an accurate e-mail address through which we may contact you. Such registration through our Sites constitutes your express acknowledgment that we may use your e-mail address to communicate with you about product offerings (unless affirmative consent is otherwise required by applicable law). To stop receiving our promotional emails, you may unsubscribe at the link or the link in the footer in any promotional message you get from us. Even if you opt out of getting marketing messages, we may still contact you through email in response to your questions.

Automated Processing. 
Under certain circumstances, you have the right to opt-out of the use of automated decision making technology when it is used for significant decisions concerning you or for extensive profiling.   We do not currently use automated decision making technology for these purposes. 

Non-Discrimination.
You have the right to not be discriminated against in pricing and services because you exercise any of your rights described above. However, we may offer you certain incentives, such as coupons or other product discounts provided through Program described above which you may not be able to participate in depending on the rights you exercise. 

Exercising Your Rights. 
Please note that many of the above rights are subject to exceptions and limitations, and our responses will vary based on the circumstances of the request and on your location. If you choose to assert any of these rights under applicable law, we will respond in accordance with and within the time-period prescribed by such law.

If you are located in the State of California in the United States, a person authorized to act on your behalf may make a verifiable request related to your Personal Information.  If you designate an authorized person to submit requests to exercise certain privacy rights on your behalf, we will require verification that you provided the authorized agent permission to make a request on your behalf. 

When you submit a request, your request must: (i) provide sufficient information that allows us to reasonably verify that you are the person about whom we collected Personal Information or an authorized representative of that person; and (ii) describe the request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. 

To exercise your rights, please contact us as stated in the “Questions” section of this Privacy Policy.

TRACKING TECHNOLOGIES 

We Use Common Tracking Technologies.
Like many websites, we use digital tracking technologies such as cookies, pixels, web beacons, and similar technologies (collectively, “Cookies”) to record your preferences, track the use of our Sites, and for the related purposes described below. We may also use these technologies to monitor traffic, improve the Sites, and make the Sites easier to use and more relevant.
Cookies on our Sites are generally divided into the following categories:

Your Choices With Respect To Tracking Technologies And Interest-Based Ads.
You also have choices to limit some tracking mechanisms that collect information when you use the Sites. Your browser or device may include “Do Not Track” functionality. Our Sites are not built to respond to such Do Not Track signals. That means that even if your browser is set to “Do Not Track,” our information collection and disclosure practices (including the choices that we provide to customers) will continue to operate as described in this Privacy Policy, whether or not a Do Not Track signal is received. Our website is, however, configured to recognize universal opt-out signals, such as Global Privacy Control. You may also limit online tracking as described in this section.

Many web browsers automatically accept Cookies, but you can usually modify your browser’s setting to decline Cookies if you prefer. If you choose to decline Cookies, certain features of our Sites, including the Sites themselves, may not function properly or remain accessible to you. In addition, you may also render some web beacons unusable by rejecting or removing their associated Cookies. Note that if you choose to remove Cookies, you may remove opt-out Cookies that affect your advertising preferences.

Many of the third party advertisers that place tracking tools on our Sites are members of programs that offer you additional choices regarding the collection and use of your information. You can learn more about the options available to limit these third parties’ collection and use of your information by visiting the websites for the Network Advertising Initiative and the Digital Advertising Alliance, as well as the webpages for Facebook’s ad preferences tool and privacy policy.

Similarly, you can learn about your options to opt-out of mobile app tracking by certain advertising networks through your device settings. For more information about how to change these settings for Apple, Android or Windows devices, see:

Apple: http://support.apple.com/kb/HT4228
Android: http://www.google.com/policies/technologies/ads/
Windows: http://choice.microsoft.com/en-US/opt-out

Please note that opting-out of advertising networks services does not mean that you will not receive advertising while using our Sites or on other websites, nor will it prevent the receipt of interest-based advertising from third parties that do not participate in these programs. It will, however, exclude you from interest-based advertising conducted through participating networks, as provided by their policies and choice mechanisms. Choices you make are both browser and device-specific.

HOW WE SECURE YOUR PERSONAL INFORMATION

Driscoll's uses commercially reasonable organizational, technical and administrative means to protect your Personal Information, however, we cannot guarantee that your information will be 100% safe. You can help protect the privacy of your own Personal Information by using encryption and other techniques to prevent unauthorized interception of your Personal Information. You are responsible for the security of your Personal Information and/or any Personal Information that you transmit to us or view, download, or otherwise access when using unencrypted, public or otherwise unsecured networks.

DATA RETENTION

We will only retain your Personal Information for as long as necessary to fulfill the purposes for which it was collected by us, including for the purposes of complying with our data retention policies and procedures and satisfying any legal, accounting, or reporting requirements, including applicable statute of limitations periods.

OTHER IMPORTANT INFORMATION

Children Under 18
Our Sites are intended for users 18 and older. If you are under 18, do not use or provide any information on the Sites. If we learn we have collected or received Personal Information from a child under 18 without verification of parental consent, we will delete that Personal Information promptly. If you believe we might have any Personal Information from or about a child under 18, please contact us.

Users Outside of the United States: 
If you use our Sites outside of the United States, you understand and consent (where permitted by applicable law) to the transfer of your Personal Information to, and the collection, processing, and storage of your Personal Information in, the United States and elsewhere. The laws in the U.S. and these countries regarding Personal Information may be different than the laws of your state or country and may not provide the same level of protection for Personal Information as that of your home country.  Driscoll’s takes appropriate safeguards to protect your privacy and the ability to exercise your rights. For example, with respect to Personal Information from the EEA, UK and Switzerland, it is Driscoll’s practice to require service providers to implement appropriate safeguards for Personal Information transferred from those countries, such as by entering into the EU Standard Contractual Clauses or equivalent terms, to help ensure that your rights and protections travel with your Personal Information.  In addition, where you have the right under applicable law, such as in the EEA, the UK or elsewhere, you may complain to a Data Protection Authority (“DPA”) or Supervisory Authority if you think we have processed your Personal Information in a manner which is unlawful or breaches your rights. For the contact information for your country's DPA, please visit https://edpb.europa.eu/about-edpb/board/members_en.

California Job Applicants and Employees: 
If you are a California-based job applicant or employee see the CCPA Privacy Notice for Employees and Applicants.

UPDATES TO OUR PRIVACY POLICY

As we add new features and functionality to our Sites or Services or in response to changes in our business practices or applicable law, we may need to update or revise this Privacy Policy. We reserve the right to do so at any time and without prior notice, by posting the revised version on our Sites. If we modify this Privacy Policy, we will provide notice at the top of this Privacy Policy so that you can see whether our Privacy Policy has been updated since your last visit and take other steps as required by applicable law. You should check back for the most current version before relying on any of the provisions in this Policy. 

QUESTIONS

If you have any questions related to this Policy or how your information is treated, please contact us via the Driscolls.com website or you may reach us directly by email CustomerCare@driscolls.com  or by letter addressed to:

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

If you reside outside the United States and have an unresolved privacy question, please contact us by email at dataprivacy@driscolls.com or by letter addressed to:

Driscoll’s, Inc.
Legal Affairs Department
345 Westridge Drive
Watsonville, CA 95076