Effective: February 18, 2019
(Subject to Revision)
WHAT IS PRIVATE INFORMATION?
“Private Information” means
- as to a natural person, any information that may be used uniquely to identify the person (other than in such person’s representative capacity on behalf of a business enterprise), including such information submitted in Candidate Profiles in connection with employment applications through our employment or recruitment pages. Such information includes first and last name, birth dates, social security number, driver’s license, gender, race, personal (as opposed to business) e-mail addresses, credit information, home phone numbers or addresses, employment and educational history.
- as to a business enterprise, any banking or confidential financial information that it does not generally share with third parties but that is shared with us in any credit application process or business transaction.
“Private information” does not include, without limitation, aggregated information (i.e. information presented in summary or statistical form which does not contain data that would permit the identification of a specific individual without significant effort).
A “business enterprise” or “business” means any sole proprietorship, partnership, corporation, limited partnership, limited liability partnership or company, business group or cooperative.
HOW Aker Foods GATHERS PRIVATE INFORMATION
Aker Foods may collect Private Information from its customers, suppliers and other Site users in several ways:
Aker Foods may gather account information through the Sites.
When you visit the Sites, we may ask you for Private Information so that we can provide you with the products, services, or information that you have requested, including credit and financial information required in order to open a business account with us. When you maintain a business account with Aker Foods and transact business with Aker Foods through the Sites, we will ask you for information necessary to process and complete transactions with us, including your name, shipping and billing addresses, e-mail address, and credit card or other payment-related information.
Aker Foods may maintain historical account information of its customers and suppliers.
Aker Foods may gather information about individual guarantors.
In connection with credit terms extended to our customers, we may collect and maintain Private Information about individuals who give personal guarantees on behalf of businesses, such as when the owner of a small restaurant provides a personal guarantee on behalf of the restaurant.
Aker Foods may gather information from the Sites by cookies and Internet monitoring technologies.
We also reserve the right to use outside companies to display ads on our sites. These ads may contain cookies. Cookies received with banner ads are collected by such outside companies, and we do not have access to this information.
Aker Foods may gather information provided by you in one or more other features of the Sites.
Aker Foods may from time to time offer interactive or social aspects on the Sites. For example, if you choose to express an opinion in an online forum, respond to user polls, or enter any contests, we may ask you for Private Information. If you request to sign up for newsletters or other promotional materials, or if you send an inquiry to one of our customer service representatives, we may store a record of your request along with any Private Information allowing us to respond to your inquiry.
HOW Aker Foods USES PRIVATE INFORMATION
Aker Foods uses Private Information in establishing, maintaining and concluding business or employment arrangements.
Aker Foods uses Private Information to evaluate prospective customers, suppliers and employees and, if we so elect, to open, maintain and terminate customer accounts, supplier arrangements, or employment relationships.
Aker Foods uses Private Information to process and transactions with customers and suppliers and to improve its business processes.
Aker Foods uses Private Information in aggregated reports.
We may combine Private Information with other information to create aggregate or summary reports, and we may provide aggregate data to other parties for marketing, advertising, and other purposes. If Aker Foods provides information to other parties in aggregate form, such data will not include any specifically identifiable Private Information concerning specific customers, suppliers or individuals.
IS PRIVATE INFORMATION EVER SHARED OR DISCLOSED?
Private Information is used to complete and support your use of the Sites and the services provided thereon and to comply with any requirements of law. Aker Foods may share Private Information with third parties as described below:
Aker Foods may disclose Private Information as required by law and for the protection of Aker Foods and others.
Aker Foods may disclose Private Information to third parties who help us provide our services.
We depend upon third parties and independent contractors (collectively “third party service providers”) to provide services in connection with our business operations. We may transmit your Private Information to or allow access to such information by third party service providers who assist us in a variety of ways, including in hosting our business information and data, allowing information technology providers and maintenance services to provide and support information technology systems and services, processing orders and payments, shipping products, sending catalogs, performing surveys, conducting promotions, advertising and marketing, processing job applications, providing recruitment and background screening, and sending e-mails and newsletters. Without limiting the foregoing, we may make certain of the pages associated with our sites available for employment opportunities or human resources. They usually will be captioned "Careers" or "Career Opportunities" or will have similar labels or captions clearly indicating the employment opportunity subject matter and such pages may be co-branded with third party service providers. For example, we have contracted with various background search, testing and drug screening companies that may provide recruitment related services at different points in the recruiting process.
We use good faith efforts with these third party service providers to require them to protect the privacy of Private Information by implementing adequate security measures and by using the Private Information only as authorized and directed by Aker Foods. We do not permit such third parties to use Private Information for direct marketing or any other purposes not authorized by Aker Foods. However, such third party service providers perform work outside of our direct supervision and, therefore, we can never guarantee that Private Information will be protected by such third parties.
Aker Foods may disclose Private Information as part of a corporate transaction.
If Aker Foods should ever merge with, acquire or be acquired by another company, whether by merger, stock transfer, or sale of assets, we may disclose, sell or otherwise transfer control of the Private Information to a third party as part of such transaction.
Private Information may be disclosed if you participate in one or more interactive or social features that Aker Foods may offer on the Sites.
Aker Foods allows other users of the Sites to browse comments, questions or other entries that you have submitted or commented on in one or more forums, message boards, product ratings, feedback portals or other interactive or social aspects that Aker Foods may include on the Sites from time to time. Aker Foods may choose to post this data on other features in the future. Your use of such social features constitutes your consent and agreement to Aker Foods’s use of any content you post or transmit through such features for Aker Foods’s editorial, advertising and publicity purposes, without compensation to you, except where prohibited by law.
IS AGGREGATED INFORMATION EVER SHARED OR DISCLOSED?
We reserve the right to share aggregated information with third parties at our discretion. We will use our good faith efforts to aggregate information in a manner that will not reveal identifiable Private Information about you.
OPT OUT PROCEDURES
To the extent required by law, and except as set forth above, so long as you have provided your email address to us, if we intend to use or share your Private Information beyond the scope described above or in a manner that we reasonably determine to be a purpose incompatible with the purpose(s) for which it was originally collected, we will endeavor to contact you and provide you with the ability to prevent the sharing of this information through “opt out” elections. If we do provide opt out elections with respect to new uses, even if not legally required to do so, such opt out elections will be treated as affirmative consent to the specified uses if you do not respond in a manner and within the period specified in the election to deny us the right to make such use.
IS PRIVATE INFORMATION SECURE?
The security of Private Information is a priority for us. We implement measures that we believe in good faith will protect this information to the extent reasonably feasible in light of industry practices. In some cases the measures employed may vary depending on the level of sensitivity of the Private Information. Our measures may include restricted access to certain of our systems (including physical and electronic safeguards, such as passwords, encrypting sensitive information (as described below)). We may also restrict user access commensurate with responsibilities and institute procedural safeguards, such as identity authentication procedures. We train our employees in the proper handling of Private Information. We also maintain a disaster recovery and continuity plan to help guard against unforeseen disruptions.
When you open business accounts or enter into business transactions through the Sites, Aker Foods uses Secure Sockets Layer (SSL) technology. SSL encrypts your credit card and other Private Information before it is transmitted to us to limit reading or recording of such information as it travels over the Internet. Credit card information submitted by a user or gained through normal financial transactions is governed by financial guidelines and federal, state and/or local laws. Aker Foods holds all credit card information in strict confidence and for the sole purpose of conducting business with Aker Foods, all in accordance with Payment Card Industry (PCI) guidelines.
We may also use encryption technology for certain Private Information used internally within our company, as determined on a case by case basis. Generally, we do not encrypt information deemed “public,” such as information publicly available on the Sites and not protected by passwords or other security measures.
When we share Private Information with third party service providers, we use good faith efforts to require such service providers to protect the privacy of Private Information by implementing adequate security measures and by using the Private Information only as authorized and directed by us. However, such third party service providers perform work outside of our direct supervision and, therefore, we can never guarantee that Private Information will be protected by such third parties. Use of the Sites is at your own risk. We are not responsible for the circumvention of any security measures used by our third party service providers.
If you have or open a business account with Aker Foods, we have implemented separate policies, protocols, procedures and agreements with respect to the use and effect use of password and other authenticating information (the “Authentication and Attribution Policies”). Among other things, the privacy and security of your Aker Foods account information is protected by your account user name and password. You should be aware that any person to whom you grant access to your account user name password will have access to your complete account information, including information such as credit information, information about individuals including individual guarantors, and transaction histories. You should not grant access to your user name and password to any person to whom you are not comfortable sharing such information. In addition, you need to work to protect against unauthorized access to your password and to your computer by logging off once you have finished using a shared computer. You should review the Authentication and Attribution Policies for additional information concerning the acquisition, use, and effect of passwords and other account user information.
LINKS TO OTHER SITES
OTHER AGREEMENTS, ARRANGEMENTS AND POLICIES
DISCLAIMER; APPLICABLE LAW; LIMITATIONS ON LIABILITY
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits users that are California residents to request that we not share certain information included in “Private Information” with third parties if we know or have reason to know that the third parties use the covered information for the third parties’ direct marketing purposes. As stated above under the caption “Aker Foods may disclose Private Information to third parties who help us provide our services” our policies and contracts with third party service providers require such providers to secure Private Information related to all customers and suppliers, including California customers and suppliers, and do not permit any use of Private Information for direct marketing or any other purposes not authorized by Aker Foods.
A NOTE ABOUT THE PRIVACY OF CHILDREN UNDER 13
None of our Sites are directed or otherwise promoted for use by children under the age of thirteen (13). Consistent with the Children’s Online Privacy Protection Act of 1998, Aker Foods does not knowingly collect personally identifiable information on children under the age of thirteen (13).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
MATERIALS AND LICENSE; THIRD PARTY CONTENT
The materials (including all content, information, Aker Foods's domain name, the Aker Foods logo, any marks appearing on the Site, and configurations, displays, screens appearing on or displayed in connection with the Site) (the "Materials") are provided by Aker Foods as a service to its customers and may be used for informational purposes only. The Materials on this Site are copyrighted and/or are protected by trademark and other laws. Any unauthorized use of any Materials at this Site may violate copyright, trademark, and other laws. Aker Foods may make changes to these Materials, or to the products described therein, at any time without notice. Aker Foods makes no commitment to update the Materials. The Materials are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Materials by the Government constitutes acknowledgment of Aker Foods's proprietary rights in them.
To the maximum extent legally possible, you agree that you will not directly or indirectly copy, publish, reproduce, distribute, display or transfer any or all of the Materials, whether electronically, mechanically, or otherwise, in any form (including the copying of presentation style, content, or content organization) without the prior written permission from Aker Foods; provided, however, that you may download one copy of the Materials found on the Site on a single computer for your internal use only unless specifically licensed to do otherwise by Aker Foods. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) remove any copyright or other proprietary notices from the Materials; (c) transfer the Materials to another person; (d) except as specifically provided above, copy, reproduce, modify, publish, upload, post, transmit, or distribute any of the Materials in any way, without Aker Foods's prior written permission. You agree that you will not frame or link to the Site without our express prior approval. Except as expressly provided herein, Aker Foods and its suppliers do not grant any express or implied right to you under any intellectual property or information rights. Aker Foods may terminate this license at any time. Upon termination, you must immediately destroy the Materials.
You acknowledge that a portion of the Materials constitutes content and substantive information, including news articles, industry, or other information, data, text, graphics, messages, communications, photographs, images, illustrations, audio clips, and/or video clips (collectively, the "Content"). You understand that to the extent that Aker Foods did not originate or create such Content, the Content provided is not the responsibility of Aker Foods, but rather of the person from which such Content originated or which created the Content. ALL CONTENT, WHETHER ORIGINATING WITH OR CREATED BY Aker Foods OR OTHERWISE, IS PROVIDED "AS IS" AND WITH ALL FAULTS AND Aker Foods SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREOF. Without limiting the foregoing, Aker Foods does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider, or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, or information shall be at your sole risk. Under no circumstances will Aker Foods be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content. Certain Content is furnished by various news organizations or news publishers; neither Aker Foods nor any such organizations or publishers will be liable for any delays, inaccuracies, errors, or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom. Moreover, Aker Foods or another third party may edit, alter, or summarize certain Content provided by others; Aker Foods is not liable for the completeness of any Content provided to you, regardless of whether Aker Foods has edited, altered, or summarized such Content.
You acknowledge that Aker Foods and/or third-party content providers remain the owners of the Materials on this Site, and that you do not acquire any of those ownership rights by printing or downloading any of the information or making use of the Site. In addition, other trademarks appearing through the use of the Site and information specifically related to certain companies may also be subject to the rights of other parties. Customer agrees to respect, and not in any way to violate, such third party rights. Aker Foods's trademarks may be used publicly only with permission from Aker Foods. Fair use of Aker Foods's trademarks in advertising and promotion of Aker Foods products requires proper acknowledgement.
Aker Foods may terminate these Terms as to your use at any time with or without cause, and may refuse to provide you or any other customer with access to the Site at any time, at its sole discretion. Any such termination shall end the license described above. However, in the case of any termination, you agree to continue to abide by these Terms, which shall remain in full force and effect after such termination, except that your right to use the Site shall be terminated.
EXCULPATION; LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT WE DO NOT REPRESENT THAT THE INFORMATION CONTAINED ON THE SITE (INCLUDING PRODUCT OR SERVICE DESCRIPTIONS) IS ACCURATE OR COMPLETE. ACCORDINGLY, YOU ACKNOWLEDGE FURTHER THAT YOU DO NOT OR WILL NOT RELY ON ANY INFORMATION CONTAINED ON THE SITE (INCLUDING PRODUCT OR SERVICE DESCRIPTIONS). ALL INFORMATION CONTAINED ON THE SITE IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.
YOU AGREE THAT USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE AND THE MATERIALS PROVIDED THEREON (REGARDLESS OF WHETHER SUCH MATERIALS ARE CREATED BY Aker Foods OR A THIRD PARTY CONTENT PROVIDER) ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND OR RESPONSIBILITY EITHER EXPRESSED OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OR RESPONSIBLITILTY AS TO, OF, OR FOR: (a) TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR PARTICULAR PURPOSE; (b) INFORMATION, INFORMATIONAL CONTENT, OR COMPLETNESS OR INFORMATIONAL ACCURACY, WHETHER RELATING TO THE PRODUCTS ON THE SITE OR OTHERWISE; (c)THE QUALITY, SUITABILITY, ACCURACY, FUNCTIONALITY, OR OPERATION OF THE SITE; (d) UNINTERRUPTED ACCESS; OR (e) ANY PRODUCTS OR SERVICES DESCRIBED ON THE SITE OR ANY INFORMATION RELATING THERETO. NEITHER Aker Foods NOR ANY OF ITS AGENTS, AFFILIATES, OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR OUT OF ANY BREACH OF ANY OBLIGATION OR RESPONSIBILITY THAT ANY OF THEM MAY HAVE, EVEN IF Aker Foods HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SUBMISSION OF INFORMATION; NO IMPROPER USE; INDEMNITY
Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). Aker Foods will have no obligations with respect to the Communications. Aker Foods and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
LINKS TO OTHER SITES
Aker Foods has provided links to certain non-Aker Foods sites for your convenience. Some of these sites may have certain marks of or other references to Aker Foods. However, please be aware that the information, products or services available on these sites is being provided by third parties over which Aker Foods has no control. Aker Foods provides no guaranty or warranty as to any of such information, products or services. If you decide to visit any such sites, you do so at your own risk and responsibility. Links or the appearance of any marks or references to Aker Foods do not imply any sponsorship or endorsement of the third party or any information, products or services appearing on such site. Aker Foods reserves the right to terminate any link or linking program at any time.
SITE LOCATION; APPLICABLE LAW; JURISDICTION
This Site is controlled by Aker Foods from within Pune, India. Aker Foods makes no representation that Materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. ANY CLAIM RELATING TO THE MATERIALS OR THIS SITE SHALL BE (A) GOVERNED BY THE INTERNAL SUBSTANTIVE LAWS OF THE STATE OF MAHARASHTRA, AND NOT BY THE APPLICATION OF CHOICE OF LAWS THE LAWS OF ANY OTHER JURISDICTION AND (B) TO THE MAXIMUM EXTENT PROVIDED BY LAW, BE BROUGHT SOLELY IN THE STATE DISTRICT COURTS OF PUNE, MAHARASHTRA.
Aker Foods may revise these Terms at any time by posting updates. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Copyright © 2011 Aker Foods Corporation. All rights reserved. Aker Foods Agrotech Pvt. Ltd., Sr no 61/6/1, Shri Krushan Colony, Sainagar, Kondhwa Bk, Pune - 411048, Maharashtra, India