Privacy Policy

LAST UPDATED: January 2020

ACH Food Companies, Inc. together with its affiliates, agents and licensees (collectively “we,” “us,” or “our”), offers you access to its interactive online websites, applications and services. This Privacy Policy explains what information may be collected when you access this website (“Website”) or use any of our mobile or other applications (“Applications”), how we and others use this information, under what circumstances we may disclose the information to third parties, and the instances in which we may allow third parties to collect information directly. Depending on your activities when using or accessing our Website or Applications (collectively, “Services”), you may from time-to-time be required to agree to additional terms and conditions. This Privacy Policy applies regardless of whether you use our Services via a computer, mobile device or other platform (collectively, your “Equipment”).

Please note that this policy does not apply to information that we collect about you offline including when you telephone us to sign up for our services.

2. INFORMATION WE MAY COLLECT ABOUT YOU

We collect, use, store or transfer various different kinds of information from you, about you or about your Equipment when you use our Services, including:

Contact information such as your name, mailing or delivery address, email address, telephone number, or similar contact information.
Unique identifiers including online identifier, IP address, mobile device identifiers, username, Social Security number, driver’s license number, passport number or similar identifier.
Financial information such as your billing address, credit card information, and other payment-related information.
Commercial information including details of our products and services (including apps) that you have purchased, obtained, or considered.
Internet or other similar network activity including your browsing history, search history, information about your interactions with our websites, applications, or advertisements.
Technical information such as your internet protocol (IP) address, your login data, browser type and version, time zone setting, location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Services.
Profile information such as your username and password, purchases or orders made by you, your interests, preferences, feedback, product reviews, survey responses, and other similar information.
Usage information including information about how you use our websites, apps, products, and services.
Marketing and communications information such as your preferences in receiving marketing from us and your communication preferences.

Some of the information we collect about you may be personal information that can be used to identify you including – for example, your name, email address, mailing address or delivery address. In some jurisdictions, certain unique identifiers like IP addresses and other usage or technical information may be considered personal information. However, in no instance does personal information include data where your identity has been removed so that we can no longer identify you (anonymous data), which we may use for any purpose.

3. HOW WE COLLECT YOUR INFORMATION

We collect information from you in different ways and from different places, including:

You provide it to us directly. You may give us information about you by filling in forms or by communicating with us by text, e-mail, or otherwise. This includes information you provide when you create an account, purchase and use our products and services, complete a survey, provide feedback, report a problem or otherwise contact us about our Services, or provide information to be published or displayed on public areas of our Services or transmitted to others.
We automatically collect using technology from our websites, applications, and emails. As you interact with our Services, we may automatically collect technical data about your Equipment, browsing actions and patterns as specified above. We collect this information by using cookies, server logs, web beacons, and other similar technologies (see Cookies and Automatic Data Collection Technologies).
From other places. We may receive information about you from other companies and individuals including, for example, business partners, subcontractors, advertising networks, social network platforms, analytics providers, and service providers. We may also receive information about you from other users if, for example, another user purchases one of our courses on your behalf or provides us your email address to receive a discount.

4. COOKIES AND AUTOMATIC DATA COLLECTION TECHNOLOGIES

We may use automatic data collection technologies when you visit our Website, App, view our advertisements, or use our Services. For example, we may use cookies to distinguish you from other users of the Services to help us deliver a better and more personalized service when you use our Services. It also allows us to improve our Services by enabling us to:

Estimate our audience size and usage patterns.
Store your preferences so we may customize our Services according to your individual interests.
Speed up your searches.
Recognize you when you return to our Services.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services. For more information, see Interest-Based Advertising.

The technologies we use for this automatic data collection may include, among others:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. For information about managing browser settings to refuse cookies, see Your Rights and Choices.
Flash Cookies. Certain features of our Services may use Flash cookies (local stored objects) instead of browser cookies to collect and store information about your preferences and navigation to, from, and on the Services. For information about managing Flash cookies see Your Rights and Choices.
Web Beacons. Our Services pages and e-mails may contain small transparent embedded images or objects known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count website page visitors or email readers, or to compile other similar statistics such as recording Services content popularity or verifying system and server integrity.

We do not respond to or honor “do not track” (a/k/a DNT) signals or similar mechanisms transmitted by web browsers.

5. HOW WE USE YOUR INFORMATION

We use your information to provide you with products, offer you services, communicate with you, deliver advertising and marketing, or to conduct other business operations, such as using information to improve and personalize your experiences. Examples of how we may use the information we collect include:

Send you products or to provide you with services that you have ordered, including to process payments and provide you updates about the status of your order.
Manage our relationship with you which may include notifying you about changes to our Services, terms or privacy policy, or products or services, providing you notices about your account, asking you to provide feedback or take a survey, or addressing any concerns you may have about our products or services.
Deliver relevant content, advertisements, and messaging to you and to measure or understand the effectiveness of such content, advertisements, and messaging.
To respond to your requests from us or to fulfill any other purpose for which you provide it.
Use data analytics to improve our Services, products or services, marketing, customer relationships, and experiences.
Carry out our obligations and enforce our rights.

In any other way we may describe when you provide the information.

6. DISCLOSURE OF YOUR INFORMATION

We may share information that does not identify you without restriction. We may disclose personal information as follows:

To our contractors, service providers, and other third parties we use to support our business and who are obligated to keep personal information confidential and use it only for the purpose for which we disclose it to them.
With your consent.
For any other purposes that we disclose when you provide the information.
To fulfill the purpose for which you provide it.
To an actual or prospective buyer or other successor in the event of merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, where one of the transferred assets is the personal information we hold.

We may also disclose personal information to others:

To comply with any court order, law, or legal process, including responding to any government or regulatory request.
To enforce or apply our Terms of Use or other agreements including for bill and collections purposes.
To protect the rights, property, or safety of our business, our employees, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of cybersecurity, fraud protection and credit risk reduction.
To investigate suspected violations of any law, rule or regulation, or the terms or policies for our Services.

7. CHILDREN'S ONLINE PRIVACY

We do not direct our websites or services to minors, and we do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information through the Services. If we learn we have collected or received personal information from a child under 13 without appropriate consent, we will delete it. If you believe we might have any information from or about a child under 13 please contact us at ACHConsumerAffairs@tmpdirect.com.

8. INTERNET-BASED ADVERTISING

Our Services may integrate technology of third-party advertising networks (“Ad Networks”) that allows for the recognition of your Equipment and the collection of information about the browsing, searching and other activities of you or anyone else using your Equipment. This information is then used to send you advertisements for products and services that are more likely to be of interest to you. For more information on how this type of advertising works, go to www.aboutads.info.

To enable interest-based advertising across your Equipment and software, we may also share data, such as technical identifiers derived from your registration information on our Services or our CRM system, with these Ad Networks. This allows them to link your Equipment, browser, etc. and to better identify you across different environments.

If you do not wish to participate in interest-based advertising via Ad Networks, you may opt-out by visiting and following the instructions set forth at either: (1) the Digital Advertising Alliance’s website (www.aboutads.info); or (2) the Network Advertising Initiative’s website (www.networkadvertising.org/choices). A couple of important notes about these opt-out tool: (i) it includes all the advertising networks that we may work with, but also many that we do not work with; and (ii) it may rely on cookies to ensure that a given advertising network does not collect information about you (“Opt-out Cookies”) – an explanation of how Opt-out Cookies work can be found on www.aboutads.info. Therefore, if you use different Equipment, change web browser or delete these Opt-out Cookies, you will need to perform the opt-out task again.

Finally, please note that certain browsers may offer you the option of providing notice to websites that you do not wish for your online activities to be tracked for interest-based advertising purposes (“DNT Notice”). Some browsers are, by default, set to provide a DNT Notice, whether or not that reflects your preference. Unfortunately, given how preference-based advertising works, DNT Notices may not effective in communicating your preferences. For this and a variety of other reasons, with respect to our Services, we do not take any action based on browser based DNT Notices. Rather, if you do not wish to participate in interest-based advertising activities, you should follow the simple opt-out process identified above.

9. SOCIAL NETWORKS, THIRD-PARTY LINKS, AND FORUMS

Our Services may integrate social network plugins, include links to third-party websites or services, or provide you the opportunity to post content. Please keep the following in mind:

Social Networks. Our websites may make available the option for you to use “plugins” that are operated by social media companies. If you choose to use one of these plugins, then it may collect information about you and send it back to the social media company that owns it. This may happen even if you do not click on the plugin, if you are logged into the social media website that owns the plugin when you access our Services. Information collected by a plugin is subject to the privacy policy and terms of the social media company that owns it. If you do not want the applicable social media company to collect information about you when you use our Services, sign out of the social media network before visiting. By interacting with a plugin when you use our Services (for example, clicking the Facebook “Like” button), you are knowingly transferring information to that social media company. Further, if you are logged into a social media website when you visit our websites, then you are directing us to share your data with the social media company that owns the plugin.
Third-party links. Our Services may link to or contain links to third-party websites that we do not control or maintain, such as in connection with purchasing products we may recommend or reference via our Services and/or advertisements you may see while using our Services. We are not responsible for the privacy practices employed by any third-party website. We encourage you to read the privacy statements of all third-party websites before submitting any personally identifiable information through these websites.
Forums. We may offer chat rooms, blogs, message boards, or similar public forums where you and other users of our Services can share information and communicate – e.g., places where you can post your resume and/or profile. The protections described in this Privacy Policy do not apply when you post information (including personal information) to these forums. And we may use personal information to identify you with a post on any such forum. Any information you share with or on these forums is public information and may be seen or collected by anyone, including third parties that do not adhere to our Privacy Policy. We are not responsible for events arising from the distribution of any information you choose to publicly post or share through our Services.

10. YOUR RIGHTS AND CHOICES

Your rights may vary depending on where you are located. We have created mechanisms to provide you with the following control over your information:

Marketing. If you do not want us to use your email address or other contact information to promote or recommend our own products and services, or third parties’ products or services, you can opt-out by checking the relevant box located on the form where we collect your contact information or, if presented with the option to opt-in, do not opt-in. If you have an account with our Services, you may be able to log in and check or uncheck relevant boxes. If you do not have an account, you can adjust your preferences by contacting us as set forth below in the Contact Us You may also opt-out of further marketing communications by replying to any promotional email we have sent you or following the opt-out links on that message. This opt-out generally will not apply to information provided to us as a result of a product purchase, warranty registration, product service experience or other transactions.
Accessing, updating and deleting your information. If you have an account with us, you may have the ability to access your information and make updates to or delete your data. If not, you can contact us as set forth in the Contact Us section below to request access to, correction of, or deletion of personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or negatively affect the information’s accuracy.
Location Information. When you use our Services, particularly our Application(s), we may automatically collect certain Equipment (mobile device) specific information. This includes the general or specific location of your Equipment through GPS, Bluetooth or WiFi signals. Before we collect or send location-specific information, it is our practice to ask for your consent. In some instances, your operating system may not allow you to install an Application without giving us consent. In all instances, you may withdraw your consent by disabling location features for your Equipment.
Cookies and automatic data collection technologies. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. Flash cookies are not managed by the same browser settings used for browser cookies. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. However, if you disable or refuse cookies, please note that some parts of the Services may become inaccessible or not function properly.
Interest Based Advertising. Please see Interest-Based Advertising above for information on how to opt-out of interest-based advertising.
California Residents. Please see California Privacy Rights for more information.

11. YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, you may have additional personal rights and choices with regard to your personal information. See our California Privacy Notice for detailed information.

12. DATA SECURITY

The security of your information is very important to us. We use physical, electronic, and administrative safeguards designed to protect your information from loss, misuse and unauthorized access, use, alteration or disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

13. CHANGES TO OUR PRIVACY POLICY

We will post any changes we may make to our Privacy Policy on this page. If any change materially alters how we use or treat your personal information we will notify you by email to the primary email address specified in your account and/or through a notice posted on our Website or Application. The date the privacy policy was last revised is identified at the top of the page. Please check back frequently to see any updates or changes to our Privacy Policy.

14. CONTACT US

If you have any comments or questions about our privacy policy, or to exercise the specified rights above, you may contact us at:

ACH Food Companies, Inc.
Customer Service Department – Privacy Policy
One Parkview Plaza, 5th Floor
Oakbrook Terrace, IL 60181
ACHConsumerAffairs@tmpdirect.com

We will respond to your request and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable. Please note that we may not be able to fulfill certain requests while allowing you access to certain benefits and features of our Services.

15. SOLE STATEMENT

This Privacy Policy as posted in this Website or Application is the sole statement of our privacy practices with respect to this Website or Application. No summary, modification, restatement or other version of this Privacy Policy, or other privacy statement or policy, in any form, is valid unless we post a new or revised policy to this Website or Application.

Privacy Notice for California Residents

Effective Date: January 1, 2020

I. INTRODUCTION

This Privacy Notice for California Residents supplements the information contained in ACH Food Companies, Inc.’s (“ACH,” “we,” “us,” or “our”) general Privacy Policy for websites and applications (“Privacy Policy”) and describes our privacy practices with respect to individuals who reside in the State of California (“consumers” or “you”).

This Privacy Notice does not apply to information we collect when:

You are acting as a job applicant to us;
You are acting in your capacity as a current or former employee, owner, director, officer, medical staff member, or contractor for us;
You have been designated as an emergency contact for one of the persons listed above and your information has been collected for use solely within that context; or
We need your personal information to administer benefits obtained through one of the persons listed above.

We adopt this notice to comply with the California Consumer Privacy Act of 2018, as may be amended, replaced, or superseded as well as any implementing regulations (“CCPA”). Any terms defined in the CCPA have the same meaning when used in this notice.

This Privacy Notice does not disclose our practices with respect to B2B personal information.

II. INFORMATION WE COLLECT ABOUT CALIFORNIA CONSUMERS

See Section 2 of our Privacy Policy for the types of personal information we collect from you and Sections 4-6 and 8 of the Privacy Policy for why we collect this information. For CCPA purposes, we collect the following categories of personal information:

Category	Examples	Do we collect this information?
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.	YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, bank account number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	YES
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	NO
D. Commercial information.	Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	NO
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	YES
G. Geolocation data.	In some cases, we may collect your location to provide you location-related services	YES
H. Sensory data.	If you call our offices and leave a voicemail, audio information	YES
I. Professional or employment-related information.	Current or past job history or performance evaluations.	NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO
K. Inferences drawn from other personal information.	Profile reflecting a person’s preferences, including taste preferences, color preferences, and purchasing preferences.	YES

III. WE DO NOT SELL YOUR PERSONAL INFORMATION

We do not, and will not, sell personal information of consumers and have not sold any such personal information within the last twelve (12) months.

IV. NOTICE OF PERSONAL INFORMATION WE HAVE COLLECTED OR DISCLOSED IN PAST 12 MONTHS

For each of the categories of information we collected, as noted in Article II above, we shared this personal information with the following categories of third parties:

Service providers and vendors
Taxing entities
Insurance companies
Legal counsel
Our parent and affiliated companies who directly support our activities

V. YOUR RIGHTS AND CHOICES

A. Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection, use, disclosure, and sale of your personal information over the past 12 months. Note that our Privacy Policy and this Privacy Notice are intended to already provide you that information. Even so, if you wish to exercise this right, see Exercising Access, Data Portability, and Deletion Rights below).

B. Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

C. Exercising Access, Data Portability, and Deletion Rights

How to submit requests: To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Calling us at 1-800-326-6013. Please let the person answering the telephone know that you are calling about your California consumer privacy rights.

Completing the California Request Form and emailing it to us at: achconsumeraffairs@tmpdirect.com. If you email us, please insert “CCPA REQUEST” into the subject line of your email.
Who may submit requests - Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may designate an authorized agent to make a request on your behalf by registering such person or entity with the California Secretary of State.
How often you can submit requests - You may only make a verifiable consumer request for access or data portability twice within a 12-month period.
How we verify and respond to requests - Your request must be verifiable. The request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include requiring you to provide us at least two data points, depending on the type of personal information you are requesting to know or are requesting to be deleted.
Describe your request with enough detail that allows us to properly understand, evaluate and respond to it.

Note that we will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format - We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing within forty-five (45) days of receiving your verifiable consumer request. We will deliver our written response by mail or electronically, at your option. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

VI. NON-DISCRIMINATION

We will not discriminate against you for exercising any of your CCPA rights.

VII. OTHER CALIFORNIA PRIVACY RIGHTS

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Websites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. At this time, we do not engage in this type of disclosure.

VII. WHO TO CONTACT FOR MORE INFORMATION?

For questions or concerns about our Privacy Policy, this Privacy Notice or our practices, you can contact us as provided in Section 14 of our Privacy Policy.