Privacy Notice

Effective Date: January 1, 2024

Last Reviewed on Date: April 14, 2023

Introduction

Michael Foods, Inc. (“Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this Privacy Notice.

This Privacy Notice describes the types of information we may collect from you or that you may provide when you visit the website www.michaelfoods.com (our “Website”) or otherwise interact with us, whether online or in person, and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Privacy Notice applies to information we collect:

• On this Website.
• In email, text, and other electronic messages between you and this Website.
• Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Privacy Notice.
• Offline or through any other means.

This Privacy Notice does not apply to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website. Further, this Privacy Notice does not apply to any Personal Data collected from or about any of our employees.

Please read this Privacy Notice carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website, purchase our goods or services, provide us with your Personal Data, or otherwise interact with us. By accessing or using this Website, providing us with Personal Data, or otherwise interacting with us, you agree to this Privacy Notice. This Privacy Notice may change from time to time (see Changes to Our Privacy Notice). Your continued use of this Website, our products or services, provision of your Personal Data, or other interactions with us after we make changes is deemed to be acceptance of those changes, so please check the Privacy Notice periodically for updates.

Children Under the Age of 16

Our Website is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Website. We do not knowingly collect Personal Data from children under 16.  If you are under 16, do not use or provide any information on this Website or on or through any of its features/register on the Website use any of the interactive or public comment features of this Site or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Data from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at privacyinquiries@michaelfoods.com, by telephone at 1-800-328-5474, or by mail at Michael Foods Inc., 9350 Excelsior Blvd, Suite 300, Hopkins, MN 55343.

Information We Collect About You and How We Collect It

We collect several types of information from and about, users of our Website and products and services and those individuals that interact with us. We collect information: (i) by which you may be personally identified, such as name, birthdate, age, postal address, e-mail address telephone number, personal preferences, or any other identifiers by which you may be contacted online or offline; (ii) that is about you but individually does not identify you, such as IP address or other online identifiers; and/or (iii) about your internet connection, the equipment you use to access our Website and usage details (collectively, “Personal Data”).

We collect this information:

• Directly from you when you provide it to us.
• Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
• From third parties, for example, our business partners.

Information You Provide to Us

The information we collect or receive may include:

• Information that you provide by filling in forms on our Website. This includes information provided at the time of subscribing or registering to any services we provide on our Website. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem or provide feedback concerning our Website or products or services.
• Records and copies of your correspondence (including email addresses), if you contact us.
• Your responses to surveys/questions that we might ask you to complete for research and continuing learning purposes.
• Your search queries on the Website.

Information We Collect Through Automatic Data Collection Technologies 

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

The information we collect automatically helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Website.

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

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
• Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
• Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

There are additional disclosures for California, Colorado, Virginia, Connecticut and Utah residents in the Special U.S. Privacy Information Section below.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your Personal Data or they may collect information, including Personal Data, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

There are additional disclosures for California, Colorado, Virginia, Connecticut and Utah residents in the Special U.S. Privacy Information Section below.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any Personal Data:

• To present our Website and its contents to you.
• To provide you with information, products, or services that you request from us.
• To fulfill any other purpose for which you provide it.
• If applicable, to create, maintain, customize, and secure your account with us.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your experience and to deliver content and product and service offerings relevant to your interests.
• To communicate with you regarding our products, services, promotions and news releases.
• To allow you to participate in interactive features on our services.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
• To notify you about changes to our Website or any products or services we offer or provide though it.
• To help maintain the safety, security, and integrity of our services, products databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our products and services.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by the Company about our users is among the assets transferred.
• In any other way we may describe when you provide the information.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• For any other purpose with your consent.

We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please unsubscribe via the “unsubscribe” link in the emails we send or by contacting us at privacyinquiries@michaelfoods.com.

There are additional disclosures for California, Colorado, Virginia, Connecticut and Utah residents in the Special U.S. Privacy Information Section below.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose Personal Data that we collect or you provide as described in this Privacy Notice:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Data confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by the Company about our Website users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your Personal Data:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our terms of use at www.michaelfoods.com/terms-of-use/.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.

There are additional disclosures for California, Colorado, Virginia, Connecticut and Utah residents in the Special U.S. Privacy Information Section below.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the Personal Data you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Promotional Offers from the Company. If you do not wish to have your email address/contact information used by the Company to promote our own products or services, you can opt-out by sending us an email stating your request to privacyinquiries@michaelfoods.com. If we have sent you a promotional email, you may unsubscribe via the “unsubscribe” link in the emails we send.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

There are additional disclosures for California, Colorado, Virginia, Connecticut, and Utah residents in the Special U.S. Privacy Information Section below.

Special U.S. Privacy Information

If you are a California, Colorado, Virginia, Connecticut or Utah resident, state law may provide you with additional rights regarding our use of your Personal Data

Some of the Personal Data we collect constitutes “personal information” under the California Consumer Privacy Act of 2018 (“CCPA”) and the California Privacy Rights Act of 2020 (“CPRA”) or “personal data” under the Virginia Consumer Data Protection Act (“VCDPA”), the Colorado Privacy Act (“ColoPA”), the Connecticut Act Concerning Personal Data Privacy and Online Monitoring (“CTDPA”), Utah Consumer Privacy Act (“UCPA”), or other similar state laws.

In particular, within the last twelve (12) months, we collected (whether directly, indirectly (e.g., by observing your actions on the Site) or from third parties) the categories of Personal Data, which constitute “personal information” under the CCPA and CPRA or “personal data” under the VCDPA, ColoPA, CTDPA, UCPA or other similar state laws, listed in the table below. Any such collection has been for of the purposes included in the appropriate section of the How We Use Your Information Section above.

 

Personal Data Category	Examples	Retention Period	Disclosed for a Business Purpose
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.	Between 3 and 4 years from last use	Yes
California Customer Records personal information	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.	Between 3 and 4 years from last use	Yes
Protected classification characteristics under state 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, or genetic information (including familial genetic information).	Between 3 and 4 years from last use	Yes
Commercial information	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Between 3 and 4 years from last use	Yes
Internet or other similar network activity	Browsing history, search history, or information on a consumer’s interaction with a website, application, or advertisement.	1 year	Yes
Professional or employment-related information	Current or past job history or performance evaluations.	Between 3 and 4 years from last use	Yes
Inferences drawn from other personal information	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	1 year	Yes
Non-Public education information	Education records relating to our continuing education courses, such as list of attended courses, course completion dates, course grades and course certificates.	Between 3 and 4 years from last use	Yes

 

For the purposes of this Section, Personal Data does not include publicly available information from government records, lawfully obtained, truthful information that is a matter of public concern, deidentified or aggregated consumer information or information specifically excluded from the scope of applicable data protection laws, such as health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data or other biomedical research study or personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), the Federal Farm Credit Act of 1971, and the Driver’s Privacy Protection Act of 1994.

We do not collect any Sensitive Data of consumers. We have not sold any Personal Data of consumers in the last 12 months. We have not shared any Personal Data of consumers with third parties for cross-context behavioral advertising in the last 12 months.

 

We obtain the categories of Personal Data listed above from the following categories of sources:

• Directly from you. For example, from forms you complete or inquires you make.
• Indirectly from you. For example, from observing your actions on our Website.
• From our affiliates and subsidiaries.
• From third party sources, including information from commercially available sources.

We may disclose your Personal Data to a third party for a business purpose. When we disclose Personal Data for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Data confidential and not use it for any purpose except performing the contract. We disclosed this Personal Data for a business purpose to the following categories of third parties:

• email service providers;
• consumer relations, including consumer complaint response services;
• employee recruitment, career portal and job applicant services;
• legal representation, including with regard to prevention harm to our company, its subsidiaries, our products or services or a person or property (e.g., fraud prevention);
• shareholder record-keeping, notice, transfer agent and other investor relation services; and
• accreditation and credentialing bodies in relation to our continuing education courses.

As applicable, certain state privacy laws, such as the CCPA, CPRA, ColoPA, VCDPA, CTDPA, and UCPA provide their residents, respectively, with specific rights regarding their Personal Data.

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 and use of your Personal Data. Once we receive and verify your request (please see Subsection Exercising Access, Data Portability, Correction, and Deletion Rightsbelow for more information), we will disclose to you, as applicable:

• The categories of Personal Data we collected about you.
• The categories of sources for the Personal Data we collected about you.
• Our business or commercial purpose for collecting that Personal Data.
• The categories of third parties with whom we disclose that Personal Data.
• The specific pieces of Personal Data we collected about you (also called a data portability request).
• If we sold or disclosed your Personal Data for a business purpose (which for clarity purposes, we do not currently sell any of your Personal Data), two separate lists disclosing:

• • • • the Personal Data categories that we sold and for each category identified, the categories of third parties to whom we sold that particular category of Personal Data; and
      • the Personal Data categories that we disclosed for a business purpose and for each category identified, the categories of third parties to whom we disclosed that particular category of Personal Data.

B. Correct Specific Information.  You may have the right to request that we correct inaccurate Personal Data about you. Once we receive and verify your request (please see Subsection Exercising Access, Data Portability, Correction, and Deletion Rightsbelow for more information), we will use commercially reasonable efforts to correct the information to comply with your request. This right is not afforded to residents of Utah.

C. Deletion Request Rights. You have the right to request that we delete any of your Personal Data that we collected from you and retained, subject to certain exceptions. Once we receive and verify your request (please see Subsection Exercising Access, Data Portability, Correction, and Deletion Rights below for more information), we will delete (and direct our service providers to delete) your Personal Data from our records, unless an exception applies. In responding to your request, we will inform you whether or not we have complied with the request, and, if we have not complied, provide you with an explanation as to why.

We may deny your deletion request if retaining the information is necessary for us, or our service provider(s), to:

 

• Complete the transaction for which we collected the Personal Data, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Help to ensure security and integrity to the extent the use of your Personal Data is reasonably necessary and proportionate for those purposes.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise his/her free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.

D. Exercising Access, Data Portability, Correction and Deletion Rights.  To exercise the access, data portability, correction, and deletion rights described above, please submit a consumer request to us through one of the following:

• Calling us at 1-800-328-5474.
• By email at privacyinquiries@michaelfoods.com
• By mail at Michael Foods, Inc., 9350 Excelsior Blvd, Suite 300, Hopkins, MN 55343

When you use a request method above, we will request certain information for verification purposes, such as your name, address, and e-mail address. We will use this information to verify this is a permitted request, such as by matching your name and address with information in our records. Depending on the type of request, we may require a certain number of data points to allow for verification.

Only you, or a person properly authorized to act on your behalf, may make a verifiable consumer request related to your Personal Data. You may also make a verifiable consumer request on behalf of your minor child.

An authorized agent may make a request on your behalf using the request methods designated above. Additionally, if you use an authorized agent to submit a consumer request, we may require the authorized agent to provide proof that you gave the agent signed permission to submit the request. We may also require you to verify your own identity directly with us or directly confirm with us that you provided the authorized agent permission to submit the request.

You may only make a consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Data or an authorized agent of such person.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Data if we cannot verify your identity or authority to make the request and confirm the Personal Data relates to you.

Making a verifiable consumer request does not require you to create an account with us.

We will only use Personal Data provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

If we deny your request, you may have the right to appeal our decision. Further, if you appeal and your appeal is denied, you may the right to complain to your state’s attorney general. You may appeal your decision by contacting us at by email at privacyinquiries@michaelfoods.com.

 

1. Response Timing and Format.  In accordance with applicable law, we endeavor to respond to consumer requests within forty-five (45) days of its receipt. If we require more time (up to 45 additional days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option.

The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Data that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your 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.

1. Non-Discrimination. We will not discriminate against you for exercising any of your rights. Unless permitted by applicable laws, in connection with you exercising your rights, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
  1798. Other California Privacy Rights. California Civil Code Section § 1798.83 permits California residents to request certain information regarding our disclosure of personal data to third parties for their direct marketing purposes. To make these requests, please send an email to privacyinquires@michaelfoods.com or by mail to Michael Foods, Inc., 9350 Excelsior Blvd, Suite 300, Hopkins, MN 55343.

Data Security

We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure.

However, the safety and security of your information also depends on you. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Website. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Information Received From Third Parties

You may choose to grant us access to your data from another service. You can stop sharing the information from the other service with us by removing our access to that other service.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about any third party’s policies or procedures, you should contact the responsible provider directly.

Other sites

Our Website may contain links to other sites, including those of our business partners.  While we seek to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or privacy and security practices and policies of these websites or any other sites that are linked to from our Website, or any damage to, or viruses that may infect your computer equipment or other property, or for any loss or corruption of data resulting from any third party website navigated to or accessed from links hosted on or contained in our Website.  If you decide to access any website linked to in our Website, you do so entirely at your own risk.  We do not guarantee that you will receive an alert when you leave our Website, and it is your responsibility to determine when you have left the Website.  Any Personal Data you provide on linked pages or applications is provided directly to that third party and is subject to that third party’s privacy policy. We encourage you to learn about their privacy and security practices and policies before providing them with Personal Data.

Changes to Our Privacy Notice

It is our policy to post any changes we make to our Privacy Notice on this page. If we make material changes to how we treat our users’ Personal Data, we will notify you on this page. The date the Privacy Notice was last revised is identified at the top of the page. You are responsible for periodically visiting our Website and this Privacy Notice to check for any changes.

Governing law

The Website is intended for use by residents of the United States only. All matters relating to the Website and this Privacy Notice are governed by the laws of the State of Minnesota, U.S.A. If you are located outside the United States, you may contact us at by email to privacyinquires@michaelfoods.com or by mail to Michael Foods, Inc., 9350 Excelsior Blvd, Suite 300, Hopkins, MN 55343. Please be advised that any information you provide us will be transferred to the United States and by submitting such information you explicitly authorize such transfer.

Contact Information

To ask questions or comment about this Privacy Notice and our privacy practices, contact us at:

Phone: 1-800-328-5474

Email: privacyinquries@michaelfoods.com

Postal Address:

Michael Foods, Inc.

9350 Excelsior Blvd, Suite 300

Hopkins, MN 55343