Effective Date: Jan. 1, 2020
Mizkan America, Inc., their direct and indirect subsidiaries and their parent and holding companies (jointly “MIZKAN,” “we,” or “us”) recognize and appreciate the importance of respecting your privacy. The following Privacy Policy (this “Privacy Policy”) explains how we use and protect Personal Data (defined below) that we collect, store, use, transfer, and otherwise process.
This Privacy Policy applies to personal information collected by MIZKAN in connection with the brands we offer (find out more about Mizkan at http://www.mizkan.com/Corporate.aspx.) This includes information collected offline through our Customer Support Centers, direct marketing campaigns, sweepstakes and competitions, and online through our websites, applications and branded pages on third party platforms and applications accessed or used through such websites or third party platforms (“Mizkan America, Inc.”)
This Privacy Policy is incorporated into and forms part of the terms and conditions of use of the applicable Mizkan America, Inc. Sites. By accessing our Sites, you consent to our collection, use and sharing of your information as described in our Privacy Policy, Cookie Policy, Terms and Conditions, or any other terms linked this to this Privacy Policy as permitted by applicable law. If you do not agree to this Privacy Policy, our Cookie Policy, Terms and Conditions or any other terms linked this to this Privacy Policy, please exit our Site. If you have any questions regarding our policies or your use of our Sites or Services, please contact us as described below in the How to Contact Us Section of this Policy.
If and to the extent you are in the European Union or United Kingdom, this Privacy Policy provides you with the information required by (i) the Regulation (EU) 2016/679 of the European Parliament and Council on the protection of natural persons with regard to the processing of personal data (General Data Protection Regulation) (“GDPR”), and (ii) any other equivalent United Kingdom law relating to data protection, the processing of personal data, and privacy enacted as a consequence of the United Kingdom leaving the European Union.
If you are a resident of the State of California, you have additional rights associated with our processing of your personal information as defined under applicable California lase. See CA Privacy Rights.
“Personal Data” means any data that relates to an identified or identifiable natural person.
“Processing” means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“Site” means this Website, and any other site that posts a link to this Privacy Policy, including
www.Mizkan.com, www.Bertolli.com, www.Ragu.com, www.hollandhouseflavors.com, www.naturesintentvinegars.com, www.nakanoflavors.com, www.mizkanflavors.com, www.farmtoforksauce.com, www.riolunaorganic.com, www.balsamic.kitchen, www.vinegartips.com.
“You” means any individual person identified or identifiable by personal data, as relevant for the context in which it is used in this Privacy Policy.
MIZKAN is responsible for its processing of your Personal Data under this Privacy Policy and is the data controller under GDPR. Currently, MIZKAN consists of the following legal entity:
You may contact MIZKAN regarding any questions or complaints related to this Privacy Policy as specified in the How to Contact Us section below.
MIZKAN’s designated representative under GDPR is Ashurst LLP, which can be contacted at MIZKAN.EURepresentative@ashurst.com, or as specified in the How to Contact Us section below.
We process Personal Data from or about the following categories of individuals:
We may collect and store various types of Personal Data about you, depending on the category or categories in which you fall and the reason for which the Personal Data is processed. The following is a general summary of the Personal Data about you that we may process in each category, the sources of such Personal Data, and the purposes of processing:
As any business, we collect and process Personal Data regarding our customers and potential customers with whom we may interact from time to time. When you purchase products or services from us, or express an interest in doing so, we may collect Customer Data from you. Further, if you purchase products or services from us via our Site, we may collect Site Data from you as outlined below.
Categories of Customer Data: The Customer Data that we collect and process typically consists of information such as name, address, email address, phone number, other contact data (e.g., business card data), and similar relationship type data, as well as credit card number, order information and history, and shipping tracking numbers.
Sources of Customer Data: We obtain Customer Data about you (i) directly from you, such as when you order products from us or sign up for an account, to receive newsletters, emails, or other information from us, (ii) from others (e.g., referrals), and (iii) from publicly available sources, such as Web sites (e.g., LinkedIn, Facebook, etc.).
Purposes and Legal Basis for the Processing: We process Customer Data for a variety of purposes, including to: (1) to provide the products and services and information you request from us, or which are part of a program you have joined or a purchase you have made; (2) provide you with information about marketing and promotions; (3) improve MIZKAN’s products and services to provide you with the expected level of products and services; (4) ensure our Site, products, and services are of interest to you; (5) process account activations and; (6) facilitate collections; and (7) provide or offer you newsletters, promotions and featured specials, other marketing communications, product or service awareness marketing, to conduct surveys, sweepstakes, prize draws, and other contests. We may also provide some of these communications online, via email, telephone, mobile/text messaging (including short message service (SMS), Mobile Message Service (MMS) and Enhanced Message Service (EMS)), push notifications on your wireless or mobile device (Mobile Message Service), and postal mail. Such processing is done in furtherance of and is necessary for the legitimate business interests pursued by MIZKAN as a provider of products and services. It may also be done to comply with our legal obligations (such as record-keeping obligations).
We may collect Personal Data when you use a MIZKAN Site including www.Mizkan.com, www.Bertolli.com, www.Ragu.com, www.hollandhouseflavors.com, www.naturesintentvinegars.com, www.nakanoflavors.com, www.mizkanflavors.com, www.farmtoforksauce.com, www.riolunaorganic.com, www.balsamic.kitchen, www.vinegartips.com, including when you use any of the interactive features, widgets, plug-ins, applications, content, downloads and other services that we may own and control and make available through our Site, mobile application or online platform (collectively, the “Site” or the “Service”).
Categories of Site Data: When you interact with the Service, MIZKAN collects Site Data about you both actively and passively. We may collect two types of Site Data: (1) Personal Data about you that you voluntarily choose to provide to us, and (2) information related to your activities on the Site that we automatically collect as you interact with it (“Automatically Collected Information”).
Sources of Site Data: We obtain Site Data about you (i) directly from you if you voluntarily choose to enter Personal Data on our Site or Service, and (ii) from the data analytics software, cookies, and Web beacons that we may use on the MIZKAN Sites as described in our Cookie Policy.
Purposes and Legal Basis for the Processing: We process Site Data for the purposes of delivering products and services to purchasers, building relationships with existing and potential customers and other interested parties, communicating with such parties, and analyzing and improving the MIZKAN Site. This includes keeping such people informed about our products and services. If you are a customer or potential customer we also process Site Data for the same purposes as Customer Data noted above. Such processing is done in furtherance of and is necessary for the legitimate business interests pursued by MIZKAN to market and deliver its products.
We may also aggregate your Personal Data with data from third-party sources for purposes of data hygiene and analytics, as described under the heading “Analytics Services and Targeted Ads” in our Cookie Policy. As long as this data is anonymized, it may be used and disclosed in a variety of ways. If any data is tied to Personal Data about you, such as your name, we will treat it as Personal Data and it will be protected as such.
We use partners to better improve your overall browsing experience. They use cookies and other mechanisms to connect with your social networks and tailor advertising to better match your interests. You can elect to opt-out of this information collection by unticking boxes in link to Manage Preferences.
As any business, we collect, receive, and process Vendor Contact Data regarding our vendors, service providers, business partners or other business contacts and third parties with whom we may interact from time to time.
Categories of Vendor Contact Data: The Vendor Contact Data that we collect and process typically consists of information such as name, title, position, employer, email address, other business contact data (e.g., business card data), and similar relationship type data. Such Vendor Contact Data may also include details of your visits to our offices.
Sources of Contact Data: We obtain Vendor Contact Data about you (i) directly from you, such as when you or your organization offer to provide or provide services to us, (ii) from others (e.g., referrals), and (iii) from publicly available sources, such as Web sites (e.g., LinkedIn, your business’ Web site, etc.).
Purposes and Legal Basis for the Processing: We process Vendor Contact Data for the purposes of building and managing relationships with existing and potential vendors and other interested parties, communicating with such parties, and generally operating MIZKAN’s business. Such processing is done in furtherance of and is necessary for the legitimate business interests pursued by MIZKAN as a provider of products and services. It may also be done to comply with our legal obligations (such as record-keeping obligations), compliance screening or recording obligations, and financial and credit check and crime prevention and detection purposes.
When you apply for employment with MIZKAN (whether as an employee, or as an individual contractor or consultant), when we evaluate your employment application and related materials (e.g., the results of pre-employment screenings), and thereafter throughout the course of your employment, contract or consulting arrangement, we obtain and process HR Data about you.
Categories of HR Data: The HR Data we collect and process varies by the roles and responsibilities that you undertake with MIZKAN, and our needs. Such Personal Data may include:
Sources of HR Data: We obtain HR Data about you (i) directly from you, (ii) from our other employees (e.g., performance reviews by supervisors), and (iii) from third parties, such as government agencies, recruiters, employment agencies, screening companies, and references that you provide to us, as well as from publicly available sources, such as Web sites.
Purposes and Legal Basis for the Processing: Your HR Data is processed for the purpose of establishing and maintaining your employment relationship with us (whether as an employee or an individual contractor or consultant). The legal basis for such processing is that it is: (i) necessary for entering into and/or performing your employment relationship with MIZKAN, (ii) necessary for compliance with one or more legal obligations to which you or MIZKAN is subject (e.g., reporting to governmental or taxing authorities), and/or (iii) necessary for the purposes of the legitimate business interests pursued by MIZKAN in recruiting and employing personnel in order to provide its products and services.
We may share selected Personal Data about you with the following parties or in the following circumstances.
We may share Personal Data about you between or among MIZKAN entities, subsidiaries, affiliates, or agents as necessary for the conduct of our business.
We may share Personal Data about you with third parties who perform services for us or on our behalf, for the limited purpose of carrying out such services to assist us in our business operations. This includes, without limitation, third parties that assist in managing our organization, hosting or administering the Site or other systems, sending communications on our behalf, maintaining or analyzing our data, or providing marketing assistance.
We reserve the right to disclose and transfer Personal Data about you in connection with a merger, consolidation, restructuring, financing, sale of substantially all assets, or other organizational change.
We may disclose Personal Data about you when we believe in good faith that the law requires it; at the request of governmental authorities conducting an audit or investigation; pursuant to a court order, subpoena, or discovery request in litigation; to verify or enforce compliance with our agreements or policies and applicable laws, rules, and regulations; or whenever we believe disclosure is necessary to limit our legal liability or to protect the service or enforce the rights, interests, or safety of the Site, its users, or other third parties. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful.
We may also share Personal Data about you in accordance with any express consent you or your authorized agent give us which is specific to the purposes of the processing which you will be informed about at the time we request such consent. You do not have to give such consent. If you do give consent, you may withdraw it at any time by contacting us (see How to Contact Us section below), however please be aware that such withdrawal will not affect the lawfulness of Personal Data collected and processed prior to the date of your withdrawal of consent.
MIZKAN may transfer Personal Data from one country to another from time to time. We will do so in compliance with applicable privacy and data protection law. Where we transfer Personal Data from the EU to any country outside the EU where there is no relevant adequacy decision, we will put in place EU Standard Contractual Clauses with such third party or otherwise ensure that a cross-border transfer condition required by GDPR is met.
Our data processing is currently done in the United States. If you are located outside of these countries, please be aware that the Personal Data we collect will be transferred to, and processed, stored, and used in the United States and/or Canada by us and/or by our third-party service providers.
We retain Personal Data about you for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by applicable law.
The Service is not directed to children younger than the age of majority in your jurisdiction. We do not knowingly collect Personal Data from or about children under the age of majority in your jurisdiction via the Site and we will delete any such information later determined to be from or about a person younger than the age of majority. As a parent or legal guardian, please do not to allow your children to submit Personal Data without your permission. In accordance with the Children’s Online Privacy Protection Act, in the event that we learn that we have collected Personal Data from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any Personal Data from or about a child, please contact us immediately at Privacy@Mizkan.com.
Our Site may contain links to other third-party Web sites, all of which are separate legal entities whose information practices may be different from ours. In addition we may maintain social media accounts or fan pages where you may be able to post information and materials on Web sites that are owned or operated by a third party. This Privacy Policy does not cover any such third party Web sites. If you link to a third party through our Service, or if you otherwise provide information on third-party Web sites such as social media accounts or fan pages, the privacy policy and terms of service on those Web sites are applicable.
We are not responsible for the privacy policies and practices of such third parties and, therefore, we encourage you to read the privacy policies of Web sites that you visit so that you understand how they collect and use your information before using such Web sites.
MIZKAN has implemented technical and organizational measures to ensure a level of security appropriate to the risks that are presented by MIZKAN’s processing of Personal Data (i) to protect your Personal Data from accidental or unauthorized access, disclosure, alteration or destruction, and (ii) to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services for the Personal Data. Unfortunately, however, no security system or system of transmitting data over the Internet can be guaranteed to be entirely secure, and we do not control the data security practices of any third-parties.
For your own privacy protection, we encourage you not to include sensitive Personal Data in any emails you send to us. Additionally, please do not send credit card numbers or other payment information to us via email.
We will not contact you by mobile/text messaging or email to ask for your confidential Personal Data or credit card details. If you receive this type of request, you should not respond to it. We also ask that you please notify us at Privacy@MIZKAN.com.
To the extent provided by applicable law, you have the following rights:
We do not impose any charge for these requests (except further copies of data). For any such request, you can contact us by e-mail, postal mail, or phone as specified in the How to Contact Us section below. We will endeavor to respond to all requests in a timely manner, but in no event longer than thirty (30) days although where your request is complex it may takes us up to a further two months to provide a copy of your Personal Data.
Updating Personal Data About You: If any of the Personal Data that you have provided to us changes, for example if you change your email address or if you wish to cancel any request you have made of us, or if you become aware we have any inaccurate Personal Data about you, please contact us as specified in the How to Contact Us section below. In addition, if you have an account on our Site you may access, review and update the information you provided to us at the time of registration any time by signing in to your account with our Service. We will not be responsible for any losses arising from any inaccurate, inauthentic, deficient or incomplete Personal Data that you provide to us.
Withdrawing Consent: Where the lawful basis of our processing under the GDPR is that you have consented to it for a particular identified purpose, you have the right to withdraw that consent at any time. To do so, please contact us as specified in the How to Contact Us section below. If you do withdraw consent, this will not affect the lawfulness of any processing that was based on your consent before its withdrawal.
Filing a Complaint: In addition to the foregoing, you have the right to lodge a complaint in respect of your data protection rights with the applicable supervisory authority for data protection in your jurisdiction.
Third parties may use tracking technologies in connection with the Service, which may include the collection of information about your online activities over time and across different online platforms and devices. This Privacy Policy does not apply to these third-party tracking technologies because MIZKAN may not control them and is not responsible for them. Do Not Track is a technology that enables users to opt out of tracking by Web sites they do not visit directly. There currently is no consensus among industry participants as to what “Do Not Track” means in this context. Therefore, like many Web sites and online services, MIZKAN does not monitor or take any action with respect to Do Not Track technology. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
If you are a California resident, you have additional rights associated with our processing of your personal information. California Civil Code Section 1798.83 permits California residents who have supplied personal information, as defined in the statute, to us, under certain circumstances, to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. If this applies, you may obtain the categories of personal information shared and the names and addresses of all third parties that received personal information for their direct marketing purposes during the immediately prior calendar year or to request to opt-out of such future sharing. To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. You may make this request in writing at: Privacy Officer, Mizkan America, Inc., 1661 Feehanville Dr., Mt. Prospect, IL 60056. Please visit our supplemental terms at CA Privacy Rights.
We may modify this Privacy Policy from time to time. When we make material changes to this Privacy Policy we will prominently post a link to the revised Privacy Policy on the homepage of our Site. You can tell when this Privacy Policy was last updated by looking at the date at the top of this Privacy Policy. Any changes to our Privacy Policy will become effective upon posting of the revised Privacy Policy on the Site.
For any questions about this Privacy Policy or how MIZKAN processes your Personal Data, to exercise any of your rights listed above, or for any questions or complaints regarding the manner in which we handle or protect Personal Data, we can be contacted as follows:
By e-mail: Privacy@Mizkan.com
By telephone: 847/590-0059 x-1384
By postal mail: Privacy Officer, Mizkan America, Inc., 1661 W. Feehanville Dr., Mt. Prospect, IL 60056
If you are an EU Individual, you can also contact MIZKAN’s designated representative under GDPR:
Ashurst LLP
Broadwalk House
5 Appold Street
London, EC2A 2HA
MIZKAN.EURepresentative@ashurst.com.
