Privacy Policy

Introduction

Bettcher respects the privacy of your personal data. This Privacy Policy is designed to assist you in understanding how we collect, use, share, and safeguard your personal data. This Privacy Policy applies to individuals who access the websites on which this Privacy Policy is posted or linked (collectively, “Sites”) and any of our online and, where required, offline services (collectively, “Services”).

From time to time, we may change this Privacy Policy. If we do, we will post an amended version on this webpage. Please review this Privacy Policy periodically.

This Privacy Policy covers the following topics:

1. Personal Data We Collect
2. How We Use Your Personal Data
3. How We Share Your Personal Data
4. Cookies and Other Tracking Technologies
5. Universal Opt-Out Mechanisms
6. Security
7. Third Party Links
8. Children’s Privacy
9. Your Personal Data and Your Rights – Europe and the United Kingdom Only
10. Your State Privacy Rights and Additional Disclosures
11. Notice to California Residents
12. Your Choices and Rights – Rest of the World
13. Accessibility
14. How to Contact Us

1. Personal Data We Collect

We collect personal data from you through your use of the Sites and Services. Personal data is information that is linked or reasonably linkable to an identified or identifiable individual. We collect the following types of personal data:

Personal Data You Provide

Depending on how you interact with our Sites and Services, we will collect the following personal data that you voluntarily provide to us for the following purposes:

• Create an Account. If you create an account, you will provide us with information such as your name, company name, email address, telephone number, country, and password.
• Sign In. When you sign into your account, you will provide us with your username and password.
• Contact Us. If you contact us, you will provide us with your contact information (for example, your name, email address, and telephone number), and any other information you choose to provide.
• Request a Quote. If you request a quote, you will provide us with information such as your name, company name, address, telephone number, email address and any other information you choose to provide.
• Sign Up for Email. If you sign up to receive emails from one of our brands, you will provide us with your email address. To unsubscribe from our marketing emails, please click the unsubscribe link included in the footer of our emails.
• Marketing. Subject to applicable law, we may use your contact information to market our Services to you.
• Careers. If you apply for a job with us, you will provide us with your contact information and employment information.

Personal Data as You Navigate Our Sites

Depending on which of our Sites you visit, we may automatically collect certain personal data through our use of cookies and other tracking technologies, such as the following:

• Usage Information. For example, the pages on the Sites you access, the frequency of access, and what you click on while on the Sites.
• Device Information. For example, hardware model, operating system, application version number, and browser.
• Mobile Device Information. Aggregated information about whether the Sites are accessed via a mobile device or tablet, the device type, and the carrier.
• Location Information. Location information from visitors to the Sites on a city-regional basis.

For more information on our cookie usage see our “Cookies and Other Tracking Technologies” section below.

2. How We Use Your Personal Data

In addition to the purposes stated above, we may use all the personal data we collect in accordance with applicable law such as to:

• Maintain and improve our Sites and Services;
• Investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, and to otherwise fulfill our legal obligations;
• Monitor compliance with and enforce this Privacy Policy and any applicable agreements and policies;
• Protect the security and integrity of our Sites and Services;
• Defend our legal rights and the rights of others;
• Fulfill any other purposes for which you provide it;
• For any purpose that is reasonably necessary to or compatible with the original purpose for which we collected the personal data as disclosed to you; and
• Comply with applicable law. 

3. How We Share Your Personal Data

To the extent allowed by law, we may share the personal data that we collect about you in the following ways:

• With vendors who perform data or Site-related services on our behalf (e.g., email, hosting, maintenance, backup, analysis, etc.);
• To the extent that we are required to do so by law;
• If applicable, with vendors to prepare, deploy and analyze advertising content;
• In connection with any legal proceedings or prospective legal proceedings;
• To establish, exercise, or defend our or a third party’s legal rights, including providing information to others for the purposes of fraud prevention;
• With any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal data where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal data;
• With any other person or entity as part of any business or asset sale, equity transaction, merger, acquisition, bankruptcy, liquidation, or similar proceeding, or in preparation for any of these events;
• With any other person or entity where you consent to the disclosure; and
• For any other purpose disclosed by us when you provide the personal data or for any other purpose we deem necessary, including to protect the health or safety of others.

4. Cookies and Other Tracking Technologies

How We Use Cookies

Like many other companies, we use cookies and other tracking technologies (collectively, “Cookies”). Cookies are small files of information that are stored by your web browser software on your computer hard drive, mobile or other devices (e.g., smartphones or tablets). We set some Cookies ourselves, while separate entities set other Cookies.

When you first visit our Sites, you may (depending on the Site) be presented with a banner which offers you choices about whether to accept or reject cookies or tracking technologies of different types.  You also can block Cookies by changing your Internet browser settings to refuse all or some Cookies. If you choose to block all Cookies (including essential Cookies) you may not be able to access all or parts of the Sites.

You can find out more about Cookies and how to manage them by visiting www.AboutCookies.org or www.allaboutcookies.org. You can understand which entities have currently enabled Cookies for your browser or mobile device and how to opt out of some of those Cookies by accessing the Network Advertising Initiative’s website or the Digital Advertising Alliance’s website. For more information on mobile specific opt-out choices, visit the Network Advertising Initiative’s Mobile Choices website.

Please note these opt-out mechanisms are specific to the device or browser on which they are exercised. Therefore, you will need to opt out on every browser and device that you use.

Google Analytics

Depending on the Site you visit, we may use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses Cookies to help us analyze how users interact with a site, compile reports on their activity, and provide other services related to their activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a returning visitor, and any referring website. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt out of tracking of analytics by Google, click here.

Other Types of Collecting Activities

Depending on the Site you visit, we may use Cookies third-party vendors provide to collect information on user behavior (e.g., screens and pages visited, buttons and links clicked, limited information entered, and user taps and mouse movements). This information enables us to monitor and improve the user experience.

5. Universal Opt-Out Mechanisms

We do not engage in “sales,” or “shares,” or “targeted advertising” as those terms are defined under applicable laws and therefore our Sites do not recognize the Global Privacy Control (“GPC”) signal. For more information and to download and use a browser supporting the GPC browser signal, click here: https://globalprivacycontrol.org/orgs. If you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.

Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, the Sites do not currently interpret, respond to or alter their practices when they receive “Do Not Track” signals.

6. Security

We maintain commercially reasonable security measures to protect the personal data we collect and store from loss, misuse, destruction, or unauthorized access. However, no security measure or modality of data transmission over the Internet is 100% secure. Although we strive to use commercially acceptable means to protect your personal data, we cannot guarantee absolute security.

7. Third Party Links

The Sites may contain links that will let you leave the Sites and access another website. Linked websites are not under our control. We accept no responsibility or liability for these other websites.

8. Children’s Privacy

The Sites and Services are not intended for children under 16 years of age. We do not knowingly collect, use, or disclose personal data from children under 16.

9. Your Personal Data and Your Rights – Europe and the United Kingdom Only

If you are in a country in the European Economic Area (EEA) or in the United Kingdom, you are entitled to the following explanation of the legal bases we rely on to process your personal data and a description of your privacy rights.

Legal Bases for Processing Your Personal Data

The legal basis for collecting and using the personal data described above will depend on the Personal Data concerned and the specific context in which we collect it.

Consent

We may process your personal data based on your consent such as when you create an account or when you ask us to send certain kinds of marketing communications. You have the right to withdraw your consent at any time without affecting the lawfulness of the processing based on consent before its withdrawal.

Our Legitimate Interests

We may process your personal data if doing so is necessary for our legitimate interests and your rights as an individual do not override those legitimate interests. For example, when we process your personal data to carry out fraud prevention activities and activities to increase network and information security, to market directly to you, to expand our business activities and to improve our services and the content and functionality of our Sites.

To Perform a Contract

We may process your personal data to administer and fulfill contractual obligations to you.

To Enable Us to Comply with a Legal Obligation

We may process your personal data to comply with legal obligations to which we are subject. This may include any requirement to produce audited accounts and to comply with legal process.

Necessary for the Exercise or Defense of Legal Claims

If you bring a claim against us or we bring a claim against you, we may process your personal data in relation to that claim.

If you have any questions about or need further information concerning the legal basis on which we collect and use your personal data for any specific processing activity, please contact us using the “How to Contact Us” section below.

Your Rights

Access Your Personal Data

You have the right to obtain from us confirmation as to whether or not we are processing personal data about you and, if so, the right to be provided with the information contained in this Privacy Policy. You also have the right to receive a copy of the personal data undergoing processing.

Rectify Your Personal Data

You have the right to ask us to rectify any inaccurate personal data about you and to have incomplete Personal Data completed.

Restrict Our Use of Your Personal Data

You have the right to ask us to place a restriction on our use of your personal data if one of the following applies to you:

• You contest the accuracy of the information that we hold about you, while we verify its accuracy;
• We have used your information unlawfully, but you request us to restrict its use instead of erasing it;
• We no longer need the information for the purpose for which we collected it, but you need it to deal with a legal claim; or
• You have objected to us using your information, while we check whether our legitimate grounds override your right to object.

Object to Our Use of Your Personal Data

You have the right to object to our use of your personal data where our reason for using it is based on our legitimate interests or your consent (rather than when the reason for using it is to perform an obligation due to you under a contract with us).

Delete Your Personal Data

You can ask us to delete your personal data if:

• We no longer need it for the purposes for which we collected it;
• We have been using it with no valid legal basis;
• We are obligated to erase it to comply with a legal obligation to which we are subject;
• We need your consent to use the information and you withdraw consent;
• You object to us processing your personal data where our legal basis for doing so is our legitimate interests and there are no overriding legitimate grounds for the processing.

However, this right is not absolute. Even if you make a request for deletion, we may need to retain certain information for legal or administrative purposes, such as record keeping, maintenance of opt-out requirements, defending or making legal claims, or detecting fraudulent activities. We will retain information in accordance with the “How Long Is Your Personal Data Kept” section below.

If you do exercise a valid right to have your personal data deleted, please keep in mind that deletion by third parties to whom the information has been provided might not be immediate and that the deleted information may persist in backup copies for a reasonable period (but will not be available to others).

Transfer Your Personal Data to Another Service Provider

You may request that we transfer some of the personal data you have provided to you or another service provider in electronic copy. This applies to personal data we are processing to service a contract with you and to personal data we are processing based on your consent.

To exercise any of these rights, please contact us as described in the “How to Contact Us” section below.

Make a Complaint

If you have any concerns or complaints regarding our processing of your personal data, please contact us as described in the “How to Contact Us” section below and we will do our best to answer any question and resolve any complaint to your satisfaction.

If, for whatever reason, you feel we do not meet the standards you expect of us, you are also entitled to make a complaint to your local supervisory authority:

EU Data Protection Authorities (DPAs)

Swiss Federal Data Protection and Information Commissioner (FDPIC)

Information Commissioner’s Office (United Kingdom)

How Long Is Your Personal Data Kept?

We will retain your personal data for as long as necessary to fulfill the purposes for which we collect it and as set out in this Privacy Policy and for the purpose of satisfying any legal, accounting, or reporting requirements that apply to us.

10.  Your State Privacy Rights and Additional Disclosures

If you are a United States’ resident, your state of residency may provide you with certain privacy rights regarding your personal data. The availability of these rights also may depend on which of our brands you have interacted with. If you are a California resident, please see our “Notice to California Residents” section below. For other state residents, your privacy rights may include (if applicable):

• The right to confirm whether or not we are processing your personal data and to access such personal data and the categories of personal data we are processing or have processed;
• The right to obtain a copy of your personal data that we collected from and/or about you in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the information to another controller without hindrance, where the processing is carried out by automated means;
• The right to delete personal data that we collected from and/or about you, subject to certain exceptions;
• The right to correct inaccurate personal data that we maintain about you, subject to certain exceptions;
• The right, if applicable, to opt out of the processing of your personal data for purposes of (1) targeted advertising; (2) the “sale” of your personal data (as that term is defined by applicable law); and (3) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you;
• If we are required by applicable law to obtain your consent to process sensitive personal data, the right to withdraw your consent; and
• The right not to receive discriminatory treatment by us for the exercise of your privacy rights.

To exercise your rights, please submit a request by emailing us at privacy@fortififoodsolutions.com or by calling us at +1 888-284-9634 . If legally required, we will comply with your request upon verification of your identity and, to the extent applicable, the identity of the individual on whose behalf you are making such request. To do so, we will ask you to verify data points based on information we have in our records. If you are submitting a request on behalf of another individual, please use the same contact methods described above. If we refuse to take action regarding your request, you may appeal our decision by replying to the email you received from us in response to your request.

11.  Notice to California Residents

The California Consumer Privacy Act, as amended by the California Privacy Rights Act of 2020 (“CCPA”), requires that we provide California residents with a privacy policy that contains a comprehensive description of our online and offline practices regarding the collection, use, disclosure, sale, sharing, and retention of personal information and of the rights of California residents regarding their personal information. This section of the Privacy Policy is intended solely for, and is applicable only as to, California residents. If you are not a California resident, this section does not apply to you and you should not rely on it. The availability of these rights also may depend on which of our brands you have interacted with.

The CCPA defines “personal information” to mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Personal information does not include publicly available, deidentified or aggregated information or lawfully obtained, truthful information that is a matter of public concern. For purposes of this “Notice to California Residents” section we will refer to this information as “Personal Information.”

Notice at Collection of Personal Information

We currently collect and, in the 12 months prior to the Effective Date of this Privacy Policy, have collected the following categories of Personal Information:

• Identifiers (name, postal address, online identifier, Internet Protocol address, email address, account name)
• Unique personal identifiers (device identifier; cookies, beacons, pixel tags, mobile ad identifiers, or other similar technology)
• Personal information described in California’s Customer Records statute (California Civil Code § 1798.80(e)) (telephone number and the categories listed in “Identifiers” category above)
• Commercial information (records of products or services purchased)
• Geolocation data
• Professional or employment-related information (including employment history)

We collect Personal Information directly from California residents and from internet service providers, data analytics providers, and operating systems and platforms. We do not collect all categories of Personal Information from each source.

In addition to the purposes stated above in the section “How We Use Your Personal Data” we currently collect and have collected the above categories of Personal Information for the following business or commercial purposes:

• Helping to ensure security and integrity to the extent the use of your Personal Information is reasonably necessary and proportionate for these purposes
• Debugging to identify and repair errors that impair existing intended functionality
• Short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of your current interaction with us, provided that your Personal Information is not disclosed to another third party and is not used to build a profile about you or otherwise alter your experience outside the current interaction with us
• Performing services, including maintaining or servicing accounts, providing customer service, and processing or fulfilling orders and transactions
• Advancing our commercial or economic interests, such as by inducing you to buy products or enabling or effecting, directly or indirectly, a commercial transaction

Disclosure of Personal Information

The following table identifies the categories of Personal Information that we disclosed for a business purpose in the 12 months preceding the Effective Date of this Privacy Policy and, for each category, the categories of recipients to whom we disclosed Personal Information: 

We disclosed Personal Information for the business or commercial purposes described above. We have not sold or shared Personal Information in the twelve (12) months preceding the Effective Date of this Privacy Policy. We do not knowingly collect or sell or share the Personal Information of consumers under 16 years of age. We do not collect or process sensitive Personal Information for the purpose of inferring characteristics about individuals and, consequently, do not collect sensitive Personal Information or use it for purposes other than those allowed by the CCPA and its regulations.

Retention of Personal Information

We retain your Personal Information for as long as necessary to fulfill the purposes for which we collect it, such as to provide you with the service you have requested, and for the purpose of satisfying any legal, accounting, contractual, or reporting requirements that apply to us.

Your Rights

If you are a California resident, you have the following rights with respect to your Personal Information:

• The right to know what Personal Information we have collected about you, including the categories of Personal Information, the categories of sources from which we collected Personal Information, the business or commercial purpose for collecting, selling or sharing Personal Information (if applicable), the categories of third parties to whom we disclose Personal Information (if applicable), and the specific pieces of Personal Information we collected about you;
• The right to delete Personal Information that we collected from you, subject to certain exceptions;
• The right to correct inaccurate Personal Information that we maintain about you;
• If we sell or share Personal Information, the right to opt out of the sale or sharing;
• If we use or disclose sensitive Personal Information for purposes other than those allowed by the CCPA and its regulations, the right to limit our use or disclosure; and
• The right not to receive discriminatory treatment by us for the exercise of privacy rights the CCPA confers.

How to Submit a Request to Know, Delete, and/or Correct

You may submit a request to know, delete, and/or correct by emailing us at privacy@fortififoodsolutions.com or by calling us toll free at +1 888-284-9634. If you are submitting a request on behalf of a California resident, please submit the request through one of the designated methods discussed above. After submitting the request, and if the request is not subject to an exemption or exception, we will require additional information to verify your authority to act on behalf of the California resident.

Our Process for Verifying a Request to Know, Delete, and/or Correct

We will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request. We will verify your identity either to a “reasonable degree of certainty” or a “reasonably high degree of certainty” depending on the sensitivity of the Personal Information and the risk of harm to you by unauthorized disclosure, deletion, or correction as applicable. To do so, we will ask you to verify data points based on information we have in our records concerning you.

Shine the Light Law

We do not disclose personal information obtained through our Sites or Services to third parties for their direct marketing purposes. Accordingly, we have no obligations under California Civil Code § 1798.83.

12.  Your Choices and Rights – Rest of the World

Depending on the jurisdiction in which you are located, you may have certain rights with respect to your Personal Data. For example, you may have the following rights:

• Right to access your Personal Data;
• Right to receive a copy of your Personal Data, including in a machine-readable format;
• Right to delete your Personal Data;
• Right to update your Personal Data;
• Right to correct inaccurate, out-of-date, or irrelevant Personal Data;
• Right to anonymization, blocking or deletion of unnecessary or excessive Personal Data or Personal Data processed in noncompliance with applicable law;
• Right to receive information about public and private entities with which we have shared your Personal Data;
• Right to information about the possibility of denying consent and the consequences of such denial;
• Right to revoke consent;
• Right to data portability;
• Right to confirm that we are processing your Personal Data;
• Right to restrict our processing of your Personal Data;
• Right to not be subject to automated decision-making;
• Right to a verification procedure that provides whether we are in compliance with the applicable law; and
• Right to object to or opt out of direct marketing from us.

If you would like to exercise your legal rights, please contact us at privacy@fortififoodsolutions.com. We will process your request in accordance with any applicable legal requirements.

For a description of the legal bases for which we collect your Personal Data, please see the section “Your Personal Data and Your Rights –Europe and the United Kingdom Only – Legal Bases for Processing Your Personal Data” above.

13.  Accessibility

We are committed to ensuring this Privacy Policy is accessible to individuals with disabilities. If you wish to access this Privacy Policy in an alternative format, please contact us as described below.

14.  How to Contact Us

To contact us for questions or concerns about our privacy policies or practices, please email info@bettcher.com.