Effective Date / Date of Last Revision: August 15, 2018

1. WHO WE ARE.

Heartland Produce Co. (“Heartland Produce,” “we,” “us,” or “our”) provides wholesale distribution of produce and associated services (the “Services”).  We provide a variety of products and solutions for our customers.  We also maintain publicly accessible websites, including (without limitation) www.heartlandproduce.com (“Sites”).

We understand that privacy is exceptionally important to the individuals that use our Sites and Services.  The purpose of this Privacy Policy is to plainly and transparently disclose to you how we collect, use and share information, and how we attempt to safeguard the data you provide to us.

We are committed to securing data that we collect concerning you (“you”) and complying with applicable data protection and privacy laws.  We maintain strict customer information privacy policies and use technologies to safeguard your information and communications from unauthorized intrusions and access.

2. HOW TO CONTACT US.

Please contact us at any time with any questions or concerns about this Privacy Policy, or to exercise any of your rights under this Privacy Policy or applicable law.

Email us at: mail@heartlandproduce.com

Mail us or call us at:

Heartland Produce Co.
4550 70th Avenue
Kenosha, WI 53144
(262) 653-1000

3. PROTECTING YOUR PRIVACY GENERALLY.

We take measures to monitor and update our privacy and data collection and storage policies and procedures to consistently meet or exceed industry security standards.

a. USA. Our servers are located in the United States. Any information collected through our website is stored and processed in the United States. If you use our website or otherwise provide us with information from outside of the United States, you understand that your data will be transferred to, processed and stored in the United States.

b. Industry-Standard Protection. We utilize industry-standard security measures to safeguard the information we collect, maintain and use. These measures include technical and procedural steps to protect your data from misuse, unauthorized access or disclosure, loss, alteration or destruction.  However, Heartland Produce does not guarantee the performance or adequacy of such security measures.

c. Limitation on Access. Access to any personal information we collect and store is generally restricted to those employees and/or contractors who require it to perform a job or other contracted function.  We require vendors and contractors we work with to use reasonable, industry standard protocols to maintain the confidentiality, security, and integrity of information.

d. Children. We do not intentionally collect any personal information from children under the age of sixteen (16).  If you are under 16, please do not use or website or provide personal information to us.  If you wish to provide information to us and are under sixteen (16) years old, we first need verifiable parental consent.  If we discover any personal information of children under sixteen has been collected without verifiable parental consent, we will immediately delete the information.

4. WHY WE COLLECT AND HOW WE USE PERSONAL INFORMATION.

We collect and share information from the users of our Sites and Services to manage our contractual relationships, comply with legal obligations and/or because we have a legitimate business interest to do so.  We collect and share information to: (a) provide our Sites and Services; (b) provide information about our products and Services; (c) provide information about data security and privacy; (d) learn more about our customer’s preferences; (e) enhance, personalize and support your experience on our Sites; (f) enhance and develop our products and Services based on your direct comments and/or on the pages or information you view on our Sites; and (g) analyze the traffic to our Sites.

We may provide you the opportunity to consent to receive commercial email from us related to our products or Services, or other information we believe you may be interested in receiving when you seek information from us.  We will give you the opportunity to opt-out from receiving any unsolicited information from us or to limit the unsolicited information you are receiving from us to information regarding our products and/or Services, or other information you have specifically requested.

5. Collection of Information

 We collect and process the following information about you:

Information you give to us

You provide information to us when you affirmatively provide it to us. For example, you provide information each time you: (a) request, obtain or purchase products or Services from us; (b) download any information from our Site; (c) fill in a form on our Site to contact us with an inquiry; (d) correspond with us by phone, e-mail or otherwise; (e) use our online Services on any of our Sites; (f) enter any promotions; (g) provide us with information requested by us for the verification of your identity; and (g) when you report a problem with our Site(s). We may also collect information about you when you when you participate in or register for one of our promotions, events or surveys.

The type of information you give us may include your:

  1. Contact information (name, company name, title, mailing address, telephone, electronic mail address, facsimile address);
  2. Shipping information;
  3. Order information;
  4. Inquiry information;
  5. Date of birth;
  6. Payment information, including payment card information;
  7. Order history;
  8. Communications to and from you.

This information will be used in accordance with the purposes described in this Privacy Policy and in any applicable privacy notice provided to you at the time at which it was collected, subject to any preferences your affirmatively provide to use.  Further details of how to update your preferences are below.

Information we collect from you

Each time you visit our site, we may automatically collect the following information:

  1. technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, browser type and version, location information, time zone setting, browser plug-in types and versions, operating system and platform; and
  2. information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time), pages you looked at or searched for, and the products and services you have viewed, ordered or searched including, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call us.

More information on our use of cookies is provided below.  More use of third party tools used to collect information is provided in the column to the right.

Heartland Produce records and compiles aggregate demographic data related to our users in order to manage the Services offered.  Heartland Produce collects and analyses data about the use of the Site(s) to improve service and to improve user experience.  As set forth in the section on Cookies below, Heartland Produce may also use other externally hosted services (e.g. Google Analytics) to collect data.

Information we collect from you with third-party processors

We also collect information about you using the following third-party sources:

  • We utilize the Pardot tool provided by Salesforce, which is a marketing automation tool designed for business-to-business marketing. This tool allows us to track prospects, sales and engagement history with our customers.  It also allows us to create emails.  To learn more about this tool, visit pardot.com.
  • We utilize on online chat tool called Olark to offer the real-time chat services, which appear at the bottom right hand corner of our Site(s). This tool allows you to affirmatively ask questions and provide information to us, and allows us to respond to you. To learn more about Olark, visit olark.com.
  • We utilize a third-party company to securely process payments through our Sites. You affirmatively provide the payment information, but our vendor processes the payment information.

We ensure our third-party vendors have industry standard security protocol and are in compliance with applicable laws.

We use this information to process our orders, improve our sales process and communications with our customers and prospective customers.  We also use this information to improve your experience on our Site(s).

6. COOKIES.

“Cookies” are small pieces of information stored in a user’s browser that give that user a unique identification. The Site may insert cookies into your browser that identify you as a previous user of the Site and contain non-identifying information regarding you and your navigation of the Site. In some instances, these cookies may be used by other websites during your future navigation of the Internet to target specific advertisements to you based on your previous use of the Site. All cookies are established on a per session basis and are not permanently stored on your machine.

We use cookies, along with similar technologies (e.g., internet tag technologies, web beacons, embedded scripts), to help provide you a better, more personalized user experience. These technologies are used to:

  • Make the user experience more user friendly;
  • Remember your preferences (e.g., browsing language, usage preferences);
  • Help us understand and improve how visitors use our Site(s), including which of our pages and products are viewed most frequently; and/or
  • Improve our communications and experience for you.

The Options/Settings section of most internet browsers will tell you how to manage cookies and other technologies that may be transferred to your device, including how to disable such technologies. You can disable our cookies or all cookies through your browser settings.  Please be advised that disabling cookies through either method may impact many our Site features.

The use of third-party cookies is not covered by our Privacy Policy.  We do not have access or control over these cookies.  If you continue to use our website, we will assume you agree to the use of these cookies.  You may visit the following links from our third-party providers to opt-out of their tracking and learn about their privacy practices:

7. CONTACT FORM.

Heartland Produce does not require users to register with or provide information to Heartland Produce in order to view the Site(s). Most information contained on the Site is available without supplying personal information. In the event you affirmatively act to provide your information to Heartland Produce, to contact Heartland Produce, to request additional information via the Site, email, or in person; to purchase products, or to use the Services, you agree to the terms of this Privacy Policy with respect to the collection and use of your contact and personal information for Heartland Produce’s legitimate business interests.

8. THIRD-PARTY SERVICE PROCESSORS.

To ensure that your Personal Data receives an adequate level of protection, we have put in place appropriate procedures with the third parties we share your Personal Data with to ensure that your Personal Data is treated by those third parties in a way that is consistent with and which respects the applicable laws on data security and privacy.

9. WHAT HAPPENS IF YOU DON’T PROVIDE YOUR PERSONAL INFORMATION?

If you choose to limit the information you provide to us (or, in some circumstances, provide no personal information at all, then we may be unable to provide you with the products, services or information you have expressed an interest in, or which we have a contract to provide to you.  We may also be unable to provide you with access to some or all of our Site (or its functionality).

10. Securing Your Personal Information.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Sites, you are responsible for keeping this password confidential.  We ask you not to share a password with anyone.  Unfortunately, however, the transmission of information via the internet is not completely secure.  Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk.

11. Retaining Your Personal Information.

We will take steps to ensure that the personal information that we hold about you is retained for only as long as it is necessary for the purpose for which it was collected.  We apply criteria to determine the appropriate retention period for different categories of personal information that we hold about you.  For example, we will keep information necessary to protect us in a legal claim up to 7 years after termination of the contract. After this period it will be deleted to the extent reasonably possible, and in compliance with our data retention policies.

12. Social Media and Other Websites You Visit.

This Privacy Policy only applies to our Site and does not apply to the following:

a) any social media posts or comments that you make which are about us, or addressed to us on social media platforms or websites (for example, Twitter, LinkedIn and Facebook). Any such posts or comments will be shared by you under the terms of the relevant social media platform or website on which they are published.

b) Links contained on our site, including links to any advertisers.

We recommend that you review the terms and conditions and privacy policies of the relevant social media platforms and other websites which you visit, to understand how they use your information.

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

HOW THE LAW PROTECTS YOU. Our business, systems and Site are designed to comply with all relevant and appropriate national and international legislation with regards to data protection and user privacy, including (without limitation) the General Data Protection Regulation (“GDPR”).

The GDPR allows us to collect and use personal information from residents within the European Economic Area only for one or more of the following reasons:

  1. To fulfill a contract we have with you;
  2. When we have a legal duty;
  3. When it is in our legitimate interest; or
  4. When you provide consent.

15. Your Rights IF YOU RESIDE IN THE EUROPEAN ECONOMIC AREA.

If you reside in the European Economic Area and we have a business or commercial reason to use your personal information, this is considered a legitimate interest.  We will tell you what that interest is in this Privacy Policy or any privacy notice provided to you at the time of the collection of the information.  We will not use your personal information if such use is against your own interest.

The GDPR and other regulations treat some types of sensitive personal information as particularly sensitive, including information about racial or ethnic origin, sexual orientation, religious beliefs, trade union membership, health data and criminal records.  We will not collect or use these types of data without your consent unless the law allows us to do so.  If we do, it will only be when necessary for reasons of substantial public interest or to establish, exercise or defend legal claims.

If you reside in the European Economic Area, you have a number of rights under data protection laws in relation to the way we process your personal data.  These are set out below.  You may contact us directly to exercise any of these rights, and we will respond to any request received from you within one month from the date of the request.  In very exceptional circumstances we may need to extend this timescale, but we will always tell you in advance if we do, and our reasons why.

Right 1

A right to access personal data held by us about you, as well as information about how we are using your data.

Right 2

A right to require us to rectify any inaccurate personal data held by us about you.

Right 3

A right to require us to erase personal data held by us about you, and where the personal data has been made public, for other controllers processing the personal data to also erase links to, or copy or replication of, such personal data.  This right will only apply where (for example): we no longer need to use the personal data to achieve the purpose we collected it for; or where you withdraw your consent if we are using your personal data based on your consent; or where you object to the way we process your data (in line with Right 6 below).

Right 4

A right to restrict our processing of personal data held by us about you. This right will only apply where (for example): you dispute the accuracy of the personal data held by us; or where you would have the right to require us to erase the personal data but would prefer that our processing is restricted instead; or where we no longer need to use the personal data to achieve the purpose we collected it for, but you require the data for the purposes of dealing with legal claims.

Right 5

A right to receive personal data, which you have provided to us, in a structured, commonly used and machine-readable format. You also have the right to require us to transfer this personal data to another organisation, at your request.

Right 6

A right to object to our processing of personal data held by us about you (including for the purposes of sending marketing materials to you).

Right 7

A right to withdraw your consent, where we are relying on it to use your personal data (for example, to provide you with marketing information about our services or products).

If you have consented to receive communications from us, you can contact us at any time to have your details removed from lists used by us or to update your marketing preferences. Please email mail@heartlandproduce.com and provide your name, email/telephone number/account number in the body of the email, telling us what you would like us to do.  You can also click “unsubscribe” on any of our emails, and we will ensure we don’t send you any communications of this nature in future.

If you have any concerns regarding our processing of your personal information or are not satisfied with our handling of any request by you in relation to your rights, please get in touch with our team through the contact information provided in Section 2 of this Privacy Policy.  You also have the right to make a complaint to the Information Commissioner’s Office (“ICO“).  The ICO is the UK’s independent body set up to uphold information rights.  You can find out more about the ICO on its website (https://ico.org.uk/). Their address is:

First Contact Team
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
SK9 5AF

16. Consent to Receive Electronic Notifications.

Electronic communication is the most effective and timely way to provide the users of our Site with any optional or required notifications and disclosures. In some circumstances, however, applicable laws may require us to send you disclosures or communications in paper format unless you have affirmatively consented to receiving electronic notifications only in advance of the notification. Through this Privacy Policy, pursuant to 15 U.S.C. § 7001, you hereby affirmatively consent to receive electronic notifications and disclosures from us only (without requiring a paper copy) and you represent that, to date, you have not withdrawn such consent. You have the right to change your mind and withdraw your consent at any time. If you would like to withdraw your consent to receive electronic notifications and/or would like to request paper copies of any electronic notifications you receive, please contact: mail@heartlandproduce.com. To receive electronic records, you will need access to a smart phone, tablet, laptop or computer with Internet access and either email software (such as Microsoft Outlook) or access to a web-based electronic mail software platform, such as Gmail, Yahoo or other electronic mail provider.

17. DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES AND SERVICES IS AT YOUR SOLE RISK. THE SITES AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES REGARDING DATA PRIVACY OR DATA SECURITY.

18. LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT HEARTLAND PRODUCE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, DATA BREACH, OR DISCLOSURE OF PERSONAL INFORMATION, EVEN IF HEARTLAND PRODUCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU SPECIFICALLY AGREE THAT HEARTLAND PRODUCE IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY VIOLATION OF YOUR RIGHTS OR THE RIGHTS OF ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY EVENT, IF HEARTLAND PRODUCE IS FOUND TO HAVE VIOLATED ANY OF YOUR RIGHTS, YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES RECOVERABLE AGAINST HEARTLAND PRODUCE ARE LIMITED TO YOUR ACTUAL, PROVEN DAMAGES.

19. Notice to California residents.

We do not disclose personal information to any third-party for such third-party’s direct marketing purposes. Thus, under California Civil Code Sections 1798.80-1798.84, Heartland Produce has no obligation to a California resident to provide further information regarding our use of the California resident’s personal data.

20. Notice to Utah residents.

We do not disclose a user’s personal data to any third-party for such third-party’s direct marketing purposes.

21. GOVERNING LAW & JURISDICTION.

This Privacy Policy, and Heartland Produce’s collection and use of customer information, shall be governed and interpreted in accordance with the laws of the United States and the State of Wisconsin. Any disputes arising out of this Policy shall be adjudicated in Milwaukee County, Wisconsin or federal court of competent jurisdiction in the Eastern District of the State of Wisconsin.

22. Changes to This Privacy Policy.

We reserve the right to change the terms of this Privacy Policy.  Any changes to our Privacy Policy will be placed here and will supersede this version of our Privacy Policy.  By continuing to use our site, you agree to the terms of this and any updated versions of this Privacy Policy.  We will email you or otherwise provide notice to you of any changes when:

  • we are making substantial changes, or
  • we are doing something with your personal data, which you might not expect based on what we have told you in this privacy policy.