Privacy Policy
Effective as of January 1, 2021
Your privacy is very important to Blue Diamond Growers (“we”, “our,” “us” or “Blue Diamond”). This Privacy Notice has been compiled to assist you (“you,” “your,” or “User”) to understand how we, and our affiliates and subsidiaries, collect, use and disclose your personal information.
This Privacy Notice describes our practices in connection with information that we collect through your use of the www.almondbreeze.ca website (the “Site”), any mobile sites, applications, widgets, and other mobile interactive features associated with the Sites (collectively, our “Apps”), through other services that we may offer in connection with our Site and Apps, such as contests or sweepstakes, through our official social media pages that we control (our “Social Media Pages”), as well as through email messages that we send to you (collectively, the Social Media Pages, Apps and Site, the “Sites”).
This notice does not apply to personal information collected or obtained by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Sites.
By accessing, browsing, or otherwise using the Sites, you acknowledge and consent to our collection, use and disclosure of personal information as set forth in this Privacy Notice. PLEASE READ THIS PRIVACY NOTICE CAREFULLY. YOUR USE OF THE SITES CONSTITUTES YOUR CONSENT TO THIS PRIVACY NOTICE. DO NOT USE THE SITES IF YOU ARE UNWILLING OR UNABLE TO CONSENT TO THIS PRIVACY NOTICE.This Privacy Notice applies only to your use of the Sites and was last updated as of 1/1/2021. Blue Diamond may revise this Privacy Notice at any time and such revision shall be posted here and accessible via this link: https://www.bluediamond.ca/privacy. Any revision and/or addition to this Privacy Notice shall become effective and binding on you when you continue to use the Sites on or after the effective date of such revision and/or addition.
Personal Information We Collect
A. Information You Choose to Provide to Blue Diamond
When using the Sites, you may choose to provide us with certain personal information, including:
- Your name and contact information to subscribe to a newsletter and/or other similar types of marketing materials;
- Your name, contact information, and other related information to inquire into Blue Diamond products, to report a problem with our Sites, or to contact customer service;
- Your name, contact information, demographics, and product preferences when you enter a contest or promotion sponsored by us;
- Your name, contact information, and other related information when you provide us with information, such as product reviews, to be published or posted on public areas of the Sites, or transmitted to other users of the Sites or to third parties (collectively, “User Contributions”). Contributions are submitted at your own risk. We cannot control the actions of other users of the Sites with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons;
- Your name, the name of your company or organization (if applicable), the nature of your company or organization (if applicable), address, city, state or province, e-mail address, and other contact or similar information in order to contact us and submit a message, request, or other comments or content (individually and collectively, “User Message”); and
- Your name, contact information, demographics and educational information to apply for the Blue Diamond Growers Foundation Scholarship or the Leadership Program (collectively, “Scholarship Programs”).
B. Personal Information Collected Via Your Use of our Sites
We may collect information about you when you are using the Sites in a number of different ways; for example:
- We may collect and track your IP address; and
- We may use cookies, web beacons and other tracking tools to monitor and track your access to and usage of the Sites and for the purpose of certain marketing activities which are described further below.
C. Personal Information We Collect Automatically
We may now or in the future use tools, including third-party analytical software, to collect automatically certain data about the computer or other device you use to reach our Sites, without any active submission of information from you, such as:
- Device properties including, but not limited to, unique or other device identifiers;
- Device operating system and firmware;
- IP address (i.e., a number that is automatically assigned to your device or computer used to access the Site, and allows us to identify your device or computer) and Internet service provider;
- Mobile phone carrier;
- Location data such as country or region; and
- Other similar data.
This information may be collected via several technologies, including cookies, web beacons, clear GIFs and other means. All of this information belongs to us, and we use it to improve effectiveness, content, layout and/or operation of our Sites. You can remove certain cookies by following the directions in your Internet browser’s “help” file (see below). If you disable cookies, your ability to use areas of the Sites may be limited.
1. How We Use Your Personal Information
In general, we do not and will not share your personal information except as set forth in this Privacy Notice or as may be authorized or required by law. We do not sell, transfer, and/or share your personal information with third parties for their own marketing purposes. We use the information we collect from you when you browse our Sites in the following manner:
| Personal Information | Use of Personal Information |
| Identification information, User’s Message, application usage data (e.g., features/pages accessed by a member), location data (GPS). | To operate and improve the Sites and associated services. |
| Identification information, User’s Message, application usage data (e.g., features/pages accessed by a member), location data (GPS). | To understand and analyze information related to the number and type of visitors that browse and use the Sites. |
| Name, phone number, mailing address, email address. | To provide you with information, products, or services that you request from us, or that may be of interest to you. |
| Name, phone number, mailing address, email address. | To respond to your comments, inquiries and questions and provide customer support services. |
| Name, phone number, mailing address, email address. | To permit you to participate in social sharing, including live social media feeds. |
| Name, phone number, mailing address, email address. | To send administrative information to you, for example, information regarding the Sites and changes to our Terms of Use, and policies. Because this information may be important to your use of the Sites, you may not opt-out of receiving these communications. |
| Name, mailing address, email address, phone number, demographic information. | To link or combine with other personal information we get from third parties, to help understand your needs and provide you with better information on the Sites. |
| User Contributions | To post on the Sites and transmit to others, including third parties and other users. |
| Name, mailing address, email address, phone number, demographic information, educational information, Scholarship Program application information | To process an application for the Scholarship Program to determine eligibility for the Scholarship Program and to process any award under the Scholarship Program. |
| Name, mailing address, email address, phone number, demographic information | To fulfill any other purpose for which you provide it or for which you have given us consent to use it. |
You can opt-out of certain use(s) of your personal information, as described below.
2. How We Use Automatically Collected Information
The information we collect automatically is statistical data and generally does not contain personal information (i.e. information about an identifiable individual). However, we may maintain it or associate it with personal information we collect in other ways or receive from third parties. We will use this automatically-collected information to improve our Sites and to deliver a better and more personalized service, including to:
- Estimate our audience size and usage patterns;
- Store information about your preferences, allowing us to customize our Sites according to your individual interests;
- Speed up your searches; and
- Recognize you when you return to our Sites.
3. Do the Sites Use Cookies?
Yes, the Sites uses “cookies” and other web tracking tools. We may store information about you using the cookies on our site. A cookie (also called web cookie, Internet cookie, browser cookie, or simply cookie) is a small piece of data sent from a website and stored on the user’s computer by the user’s web browser while the user is browsing. We use cookies to improve your site experience, to assess content usage, to distinguish you from other users of our site and to support the marketing of our services. For example, cookies help determine what kind of content we will serve to the user – a use case might be, if a user is browsing a particular set of page content themes, we might serve that theme in the form of advertising as we’ve identified them as an interested party of that theme.
We want to be completely transparent about the cookies we use and to make their control as easy as possible for you. When you first enter our Sites, you will be asked to accept or reject cookies via the Cookie Notice. If, after your initial visit to the Site, you decide to change your cookie selection, you can do so by visiting the Cookie Notice, available at https://www.bluediamond.com/cookie-notice.
Further, if you want to delete any cookies that are already on your computer, please refer to the file management software to locate the file or directory that stores cookies under the following file names. Other information on deleting or controlling cookies is available at www.allaboutcookies.org. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our site.
4. Who Has Access to Your Personal Information?
YOUR PERSONAL INFORMATION WILL NOT BE SOLD. Nor will Your personal information be licensed or disclosed to unaffiliated third parties, except in connection with the sale, transfer, merger, consolidation, or other transaction involving all or part of our company or as may be permitted under applicable law.
We may disclose your personal information to our subsidiaries and affiliates to fulfill the purpose for which you provide it, for example, to provide you with a requested communication.
In addition to the above, we may share the information collected from you, as described above, with our third-party partners to enable us to analyze and use such information to provide you with our products and services, and in the manner set forth in this Privacy Notice. We may share your information with third parties who assist Blue Diamond with its outreach and engagement communications to make you aware of certain of Blue Diamond’s products and services. We also allow our website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, to access and process your information so long as those parties agree to keep this information confidential. We do not sell your information to third parties for marketing purposes, and we restrict such third parties’ usage of your information consistent with this Privacy Notice.
In addition to the above, we may be required to disclose your information to (i) comply with laws or to respond to lawful requests and legal process (including to respond to requests from public or government authorities, including public or government authorities outside your country of residence), (ii) to investigate, prevent, or take action regarding illegal or suspected illegal activities, (iii) to protect the rights and property of Blue Diamond, and others to enforce our agreements, and this Privacy Notice and the Terms of Use, including to protect the security or integrity of the Site or our information systems, (iv) in an emergency to protect person or property, (v) as may be needed on a confidential basis to support a corporate transaction (including a merger, acquisition, divestiture, financing, or sale of assets or lines of business), or (vi) on an aggregated basis for any purpose in which your specific personal information is blinded, masked or otherwise not identifiable. We may also exchange information with third parties for fraud protection and credit risk reduction.
5. Protection of Your Personal Information
We are committed to the protection of your personal information. As such, Blue Diamond follows industry standard practices to protect, secure and maintain the integrity and availability of your information. The Sites and our internal networks supporting the Sites are scanned regularly for malware and other viruses. We use the Secure Socket Layer (SSL) to ensure that all the information you provide is encrypted and cannot be read as the information travels over the Internet. SSL is a worldwide industry standard for such sensitive transactions.
The Sites are not intended to collect, maintain, or transmit any information related to your credit card, banking information, or other related financial information.
Notwithstanding the foregoing, you acknowledge that no security safeguards or method of transmission over the Internet are completely secure.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Sites. Any transmission of personal information is at your own risk. 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 Sites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
6. Geographic Location of Data Storage and Processing
The Sites collect information and process and store that information in databases located in the United States. If you are visiting the Sites from a country outside the United States, you should be aware that you may transfer personal information about yourself to the United States, and that the data protection laws of the United States may not be as comprehensive as those in your own country. Your personal information will be accessible to law enforcement and/or regulatory authorities according to the applicable United States laws. By visiting the Sites and submitting any personal information you consent to the transfer of such personal information to the United States.
Additional information for international visitors can be found below.
7. The Length of Time that Your Information is Kept by Blue Diamond
We store your information for as long as necessary to serve the business purposes for which it was collected and in conformance with applicable data protection laws. For additional information on the retention periods for any specific type of personal information subject to this Privacy Notice, please contact privacy@bluediamond.com.
8. Removal from Blue Diamond Communications
Throughout the Sites, we provide you with the opportunity to receive emails or mailings that, for example, introduce new products, notify you of special offers, and announce upcoming promotions. To be removed from our email or mailing lists, you may
- Respond to the emails that we send out with your request for removal,
- Click the “unsubscribe” link (where available), or
- You may send an email to feedback@bdgrowers.com.
- Please be aware that there may be a delay between our receipt of your request and our being able to update our lists. Thank you for your patience in this regard.
Note that you may not be able to opt-out of certain administrative emails that are important to your use of the Sites, such as information about updates to our Privacy Notice or Terms of Use or correspondence related to specific requests that you have made to us.
9. Third-Party Links On the Sites
Occasionally, at our discretion, we may link to third-party sites or content on the Sites. We may do this for the convenience of you and other users of the Sites, but we do not have control over the operation of these third-party websites. These third-party sites have separate and independent privacy notices. We, therefore, have no responsibility or liability for the content and activities of these linked sites.
Nonetheless, we seek to protect the integrity of our Sites and welcome any feedback about these third-party sites. We urge you to review the privacy notices posted on these third-party websites at the time you first visit such sites.
10. California Residents
The California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws provides California residents (i.e., consumers) with specific rights regarding personal information. This section of the Privacy Notice describes those CCPA rights and how to exercise those rights. This section does not apply to publicly available information.
11. Access to Specific Information and Data Portability Rights
California residents have the right to request that Blue Diamond disclose certain information to you about Blue Diamond’s collection and use of your personal information over the past twelve (12) months. Once Blue Diamond receives and confirms a verifiable consumer request from you, Blue Diamond will disclose to you, to the extent permitted by law:
- The categories of personal information Blue Diamond collected about you.
- The categories of sources for your personal information Blue Diamond collected about you.
- Blue Diamond’s business or commercial purpose for collecting your personal information.
- The categories of third parties with whom Blue Diamond shares your personal information.
- If we disclosed your personal information for a business purpose, the personal information categories that each category of recipient obtained.
You shall have the right to request that the information described above be provided to you in a portable and readily useable format, to the extent technically feasible (“data portability”).
Blue Diamond does not sell your personal information.
12. Deletion Request Rights
You have the right to request that Blue Diamond delete certain of your personal information that Blue Diamond collected from and/or related to you and retained, subject to certain exceptions.
To the extent that Blue Diamond can delete your personal information, once Blue Diamond receives and confirms your verifiable consumer request, Blue Diamond will delete (and direct our service providers to delete) your personal information, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
- Complete the transaction for which we collected your personal information, provide a good or service that you requested, or take actions reasonably anticipated within the context of our ongoing business relationship with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 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.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
13. Exercising Your Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to Blue Diamond by either:
Contacting us at privacy@bdgrowers.com; or Calling Blue Diamond, at 888-455-0265
Only you or a person registered with the California Secretary of State that you authorize 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 only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows Blue Diamond to reasonably verify you are the person about whom Blue Diamond collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows Blue Diamond to properly understand, evaluate, and respond to it.
Blue Diamond cannot respond to your request or provide you with your personal information if Blue Diamond cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. Any disclosures provided pursuant to the CCPA will only cover the 12-month period preceding the receipt of the verifiable consumer request.
Blue Diamond will respond to a verifiable consumer request within 45 days of its receipt, or notify you that Blue Diamond requires more time to respond and the reason for the extended response time. Blue Diamond will deliver its written response by mail or electronically, at your option.
To the extent that your verifiable consumer request is excessive, repetitive, or manifestly unfounded, Blue Diamond may charge a reasonable fee to respond to such request.
Blue Diamond will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, Blue Diamond 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.
Notice of Financial Incentive
We may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
14. Additional Terms for EU Visitors
The Sites are intended only for users located in the United States. To the extent that you are accessing the Sites from a location within the European Union, the following information shall apply to the collection and processing of your Personal Information. For a full description of the collection and processing of data from users located in the EU, please visit our EU website (www.bluediamondalmonds.co.uk).
The data controller for the Sites is Blue Diamond Growers. Blue Diamond processes Personal Information it collects through the Sites for Blue Diamond’s legitimate business purposes, as described above.
You may have the right to access and/or obtain a copy of your Personal Information, correct inaccuracies in your Personal Information, request the erasure of your Personal Information and restrict the processing of your Personal Information. For more information about how you can access, rectify, and erase your Personal Information or make any other requests relating to your Personal Information, please see the “Contact Us” section of this Privacy Notice below.
In addition, you have the right to lodge a complaint with a supervisory data protection authority, contact information is available at https://edpb.europa.eu/about-edpb/board/members_en.
15. Additional Terms for Canadian Visitors
You have the right to request access to and correction of your personal information held by Blue Diamond, subject to exceptions set out in applicable Canadian privacy legislation. If you wish to exercise these access/or correction rights, please contact us using the contact information set out below.
16. Do Not Track Notice
We may not recognize or respond to every type of “do not track” signal or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information about an individual consumer’s online activities over time and across third-party websites or online services, but we give you certain choices about how we collect personal information as described in this Privacy Notice. Many web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Site including certain opt-out cookies.
We encourage you to review the privacy policies of our third-party advertisers and analytics service providers to learn about your choices about information they collect from you. In addition, the Network Advertising Initiative offers information about some of the Internet advertising companies we may use, including how to opt-out of interest-based advertising they deliver. For all the details, including how to turn on Do Not Track, visit www.donottrack.us.
17. Not Intended for Children Under 13
The Sites are not intended for use by persons under the age of 18 and Blue Diamond does not specifically market to children under 13. Blue Diamond does not knowingly collect information from persons under the age of 13.
18. Changes to this Privacy Notice
We reserve the right to amend this Privacy Notice at our discretion and at any time. When we make changes to this Privacy Notice, we will notify you by email or through a notice on our website homepage.
19. Contacting Us
If there are any questions regarding this Privacy Notice you may contact us using the information below:
Blue Diamond Growers
1802 C Street
Sacramento, CA 95811
Attn: Consumer Advocacy Team
privacy@bdgrowers.com
888-455-0265