Effective Date: June 24, 2020
This Policy covers information collected when you visit the Milton's websites at www.miltonscraftbakers.com, www.miltonscraftbakers.co.uk, and www.unclemiltscomfortclassics.com (collectively the "Site"), contact us by phone or email, subscribe to our mailing lists, enter a sweepstakes/contest sponsored by us, or when you engage with us on social networking sites including Facebook, Instagram, Twitter, and Pinterest.
Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against Milton's on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
Please review this Policy periodically, and especially before you provide any Personal Information to us. Your continued use of the Site after any changes or revisions to this Policy become effective shall indicate your agreement with the terms of such revised and then-current Policy. By accessing or using the Site or voluntarily submitting information to us, you consent to the data practices described in this Policy.
We may make full use of all information that is de-identified, aggregated, or otherwise not in personally identifiable form.
TYPES OF DATA WE COLLECT
We collect Personal Information about you in the following ways: (1) from you when you choose to voluntarily provide it; (2) using automated technology, including when you visit our Site or interact with our electronic advertisements or communications; and (3) third party sources, including but not limited to service providers, entities providing data analysis and analytics, social media and social networking websites and other entities. Automated technology collects information from your computer or mobile device and includes cookies, web beacons, local shared objects, or other similar technology. More information is given in the "Cookies and Other Technology" section below.
All Personal Information may be used for the purposes stated in this Policy. We may combine data collected from third party sources.
Milton's collects Personal Information, such as your email address, name, address, or telephone number based on your communications with us including submission of forms on the Site and communications via email, telephone call, other electronic messages.
We collect information about you through your browser, computer hardware and software. This information can include your IP address, device ID, browser type, domain names, access times and dates, number of clicks, pages viewed, one or more cookies (as described below) that may uniquely identify your browser, and referring website addresses. This information is used by Milton's for the improvement of our Site.
We also collect information such as product preferences, store where you purchased our product(s), and feedback if you choose to provide it to us through the Site, email and/or telephone call.
HOW WE USE YOUR PERSONAL INFORMATION
We use Personal Information of customers for a wide range of purposes.
We use it to respond to your requests and feedback;
to allow you to post information and other content online;
to improve our products, business, and Site;
to follow up with you after you have communicated with us or submitted information to us through the Site or via email;
to manage our business such as fraud prevention purposes, determining usage pattern of our consumers, complying with legal obligations, establishing, exercising or defending a legal claim, monitoring and reporting compliance issues;
for analytics and profiling technology to customize your experience, statistical purposes, deliver content (including advertising) tailored to your interests and how you use our Site, to market to you through targeted advertising;
to send promotional communications or offers (unless you have requested that we not send such communications);
for marketing, research and legal purposes and other purposes;
to address your interests and concerns; and
as otherwise specified at the point of Personal Information collection.
OTHERS WITH WHOM WE MAY SHARE YOUR PERSONAL INFORMATION
We disclose Personal Information you provide to consultants, service providers, and contractors that we use to support our business and operations who have agreed to keep the information confidential and use it only to provide the applicable service(s) such as vendors that help us communicate with you, vendors that host our website and data, security and fraud detection vendors.
Third Party Vendors
We disclose Personal Information to third parties we work with who help us gather information from you and communicate with you including entities that provide sweepstakes/contests sponsorship, social media companies, companies providing data analytics, targeted advertising, or online behavioral marketing services.
We may disclose Personal Information to third parties (including, without limitation, governmental agencies) if required to do so by law, regulation or court order; to respond to governmental and/or law enforcement requests; to identify, contact or bring legal action against someone who may be causing injury to or interfering with our (or others') rights or property; to support any actual or threatened claim, defense or declaration in a case or before any jurisdictional and/or administrative authority, arbitration or mediation panel; or in connection with disciplinary actions/investigations.
Sale or Corporate Restructuring
We may disclose Personal Information to third parties in connection with the sale, assignment or other transfer of the business of our website or the sale, assignment, merger, reorganization or other transfer of our brand or company.
HOW WE USE "COOKIES AND OTHER TECHNOLOGY"
An IP address is the unique number that is automatically assigned to your computer when you log onto the Internet. As you enter the Site, our server records and monitors your IP address and uses it to develop statistical analysis. These analyses assist us in refining and adapting the content and design of our site. The use of IP addresses also enables us to prevent malicious Internet users from masquerading as other users.
Automated technology collects information from your computer or mobile device and includes cookies, web beacons, local shared objects, or other similar technology. A cookie is a small piece of information sent by a website that is saved on your hard drive by your computer's browser. A "web beacon" is a small object or image that is embedded into a web page, application, or email and is used to track activity. They are also sometimes referred to as pixels and tags.
As you access or use our Site, we and/or third parties may collect information using cookies, web beacons, pixels, and navigational and location data collection (clickstream, log files, server logs) for the purposes described in this Policy. Such automated technologies further help us to keep track of your interactions with our website and provide you with a more customized experience.
To find more information about cookies please visit www.allaboutcookies.org. Most browsers are initially set to allow cookies, but also offer the option to restrict cookies or warn you of their use. By disabling cookies, you won't be able to enjoy the convenience provided by our customization.
THIRD PARTY ADVERTISING AND ANALYTICS DISCLAIMER
You may opt out of behavioral remarketing as follows. Residents of the European Economic Area (EEA) that have the right to opt-out of decisions based solely on automatic decision-making may also opt-out of behavioral remarketing as follows.
Google Analytics and Facebook Pixel. We use Google Analytics and Facebook Pixel to understand how our website, services, and products perform, how you use them, and to serve you with ads on third-party websites and social networking sites like Facebook. To learn more about how Google processes your data, please visit: https://www.google.com/policies/privacy/. To opt out of Google Analytics, please install the Google Analytics Opt-out Browser Add-on by visiting: https://tools.google.com/dlpage/gaoptout. To learn more about how Facebook uses your data, please visit: https://www.facebook.com/policy.php.
Advertising and Behavioral Remarketing
We use remarketing services to advertise on third-party websites to you after you visit our Website, applications, and other online services.
Facebook. To understand more about Facebook advertising and manage your preferences, please visit: https://www.facebook.com/about/ads. Login to Facebook and go to Settings > Ads > Ad Settings (web) or Ad Preferences > Ad Settings (app) for more information.
Google Ads. To opt out of Google Ads, please visit: http://www.google.com/settings/ads.
Pinterest. You can opt-out from Pinterest's interest-based ads by enabling the "Do Not Track" functionality of your web browser or by following Pinterest instructions: https://www.pinterest.com/settings/ and updating your "Personalization" preferences.
Microsoft. To learn more about how Microsoft uses your data across its products and manage your privacy preferences, please visit: https://account.microsoft.com/account/privacy?refd=account.microsoft.com&ru=https%3A%2F%2Faccount.microsoft.com%2Fprivacy%2F%3Frefd%3Daccount.microsoft.com&destrt=privacy-dashboard. Information on Microsoft Advertising and opt-out choices is available here: https://about.ads.microsoft.com/en-us/resources/policies/personalized-ads.
Instagram. To learn more about Instagram Ads and to exercise your choices, please visit: https://help.instagram.com/478880589321969/?helpref=hc_fnav&bc=Instagram%20Help&bc=Managing%20Your%20Account.
Digital Advertising Alliance
You can also opt out from companies like Google, Instagram, Pinterest, Facebook and other participating companies through the Digital Advertising Alliance in the USA: http://www.aboutads.info/choices/. You can also opt out of participating companies from the Digital Advertising Alliance of Canada in Canada: http://yourchoices.ca/. or the European Interactive Digital Advertising Alliance in Europe: http://youronlinechoices.eu/, or opt out using your mobile device settings.
This Policy does not apply to, and we are not responsible for, third-party cookies, web beacons, or other tracking technologies, which are covered by such third parties' privacy policies. For more information, we encourage you to check the privacy policies of these third parties to learn about their privacy practices.
LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)
Milton's may process your Personal Information because:
The processing is necessary to provide the services and features you have requested;
The processing is necessary to perform a contract with you;
The processing is necessary for the legitimate interests of our business, such as fraud prevention, information security, direct marketing, or to comply with the law;
To fulfill a legal obligation;
You have provided consent for us to do so.
RETENTION OF PERSONAL INFORMATION
We will retain your Personal Information for as long as it is necessary for the purposes set out in this Policy and to the extent necessary to comply with our legal obligations (for example, if we are required to retain your Personal Information to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
CROSS-BORDER DATA TRANSFERS
Your information, including Personal Information, may be transferred to—and maintained on—computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
We are committed to children's privacy. We do not knowingly collect or maintain Personal Information on the Site from persons under 13 years of age, and no part of our Site is directed to persons under 13. If you are under 13, please do not use or access the Site at any time or in any manner. If Milton's learns that Personal Information of persons under 13 years of age has been collected on the Site without verified parental consent, then Milton's will take appropriate steps to delete the information.
We take appropriate steps to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration or destruction, whether in transmission or storage. Please keep in mind, however, that there is no such thing as perfect security, and no Internet transmission is ever completely secure or error-free. When you provide us with your name and contact information, they are automatically recorded in a Windows server operating environment via an SQL database using an Always Encrypted Database Engine that is owned and managed by Milton's. On rare occasion, user contact information may be stored via an offline datastore (i.e., paper) and within a locked facility and only accessible by Milton's staff.
Every 90 calendar days, this offline datastore is evaluated and all records no longer in active use are shredded via an in-house cross-cut DIN Level 3-4 or better shredder. Technical infrastructure security is managed, updated, and maintained via a third-party IT Support and Cybersecurity NIST-compliant firm located in San Diego, CA.
OPT-IN EMAILS AND OFFERS
You may elect to receive information from us about new products and other noteworthy news items, by registering as a user on our Site, subscribing to our mailing list, and signing up to receive texts from us. You may always choose to decline to receive these communications at any time. Please see our opt-out policy described below.
YOUR OPT-OUT CHOICES
The option to cancel mailings
Upon registering, you may begin receiving communications from us. If at any time you wish to unsubscribe from our mailings, please just ask by emailing us at: email@example.com.
YOUR DATA PROTECTION RIGHTS UNDER THE GDPR
The Data Controller
The Data Controller who collects and processes your Personal Information is: Milton's Baking Company, 5875 Avenida Encinas, Carlsbad, CA, 92008 USA.
Rights Under GDPR
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Barring certain situations, you have the following data protection rights:
The right to access, update or delete the information we have on you. You have the right to access, update and delete your Personal Information.
The right of rectification. You have the right to have your Personal Information corrected if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Information.
The right of restriction. You have the right to request that we restrict the processing of your Personal Information.
The right to data portability. You have the right to be provided with a copy of the information that we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You have the right to withdraw your consent at any time where Milton's relied on your consent to process your Personal Information.
Milton's has implemented reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information via the online submission form at: https://appliedsense.io/pda-request. If you wish to be informed of the type of Personal Information we hold about you and/or if you wish to remove such Personal Information from our systems, please contact us at: Vice President of Marketing & Innovation, Milton's Baking Company, 5875 Avenida Encinas, Carlsbad, CA, 92008 USA, Phone 858-350-9696. Please note that for your safety and security, we may ask you to verify your identity before responding to such requests.
Within the EU, all user data privacy protections and concerns may be sent to Milton's EU/UK GDPR representative: Milton's Baking Company c/o Fairway GB Ltd. 17 The Crescent, Salford M5 4PF UK, or at: firstname.lastname@example.org.
ARBITRATION; CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS
This arbitration provision is equally binding on claims brought by us as on claims brought by you or others. Arbitrations will be conducted under the applicable JAMS rules. The parties to arbitration will have all the same claims, legal rights, and remedies in arbitration that would be available in court. A single neutral arbitrator shall be selected in accordance with the JAMS Streamlined Arbitration Rules, which shall provide you a reasonable opportunity to participate in the arbitrator selection. It is further agreed that any disputes as to whether the scope of this arbitration provision covers the claim will be submitted to the arbitrator, and not a court, for decision. The parties to arbitration will have full right to use legal counsel at their own expense. All costs of arbitration (including arbitrator fees) shall be paid by us, except if you bring the arbitration, you may be charged an initial filing fee that shall not exceed the filing fees that you would incur for bringing an action in court. You will not be required to pay fees and costs incurred by the opposing parties if you do not prevail in arbitration. In arbitration, the parties may conduct reasonable discovery and shall reasonably exchange non-privileged information relevant to the dispute. The arbitrator's award shall be in writing and provide a written statement of the essential findings and conclusions. The arbitrator will not have the power to commit any error of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error. As an exception to this arbitration provision, no one subject to the provision will be precluded from seeking remedies for disputes or claims less than $10,000 in the aggregate that can be brought in a court of competent jurisdiction.
ANY ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. It is expressly understood and agreed that neither you nor we are entitled to arbitrate or bring any dispute covered by this arbitration provision as a class, consolidated, representative, collective, or private attorney general action, and the arbitrator(s) will have no authority to proceed on a class, consolidated, representative, collective, or private attorney general action basis. This means:
You cannot bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
The arbitrator cannot combine more than one person's claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).
The arbitrator's decision or award in one person's case can only impact the person who brought the claim, not other Milton's customers, and cannot be used to decide other disputes with other customers.
If any part of the agreement to arbitrate in this section is found unenforceable, the unenforceable term will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). In the event that any of the class action restrictions are ever deemed illegal or unenforceable, the illegally deemed or unenforceable restriction(s) shall be severed from this arbitration provision, and any class action shall be exempted from this arbitration provision and brought in court. This arbitration provision is subject to the Federal Arbitration Act, and may be enforced in any court of competent jurisdiction.
CHANGES TO THIS STATEMENT