KBP Foods Text Alerts
SMS Terms and Conditions
FQSR, LLC, d/b/a KBP Foods (the “Company,” “we,” or “us,”), in connection with the operation of Company’s franchises of KFC restaurants, is offering a promotional and personalized marketing text program (the “Program”), subject to these SMS Terms and Conditions (the “SMS Terms”). If you do not wish to continue participating in the Program, or no longer agree to these SMS Terms, you can reply “STOP” to any mobile message from Company to opt-out of the Program.
- Opt-In to Program
The Program allows users to receive SMS/MMS mobile alerts, information, offers and rewards by users affirmatively opting into the Program, such as by texting a keyword to a short code. Regardless of the opt-in method you utilized to join the Program, you agree that these SMS Terms apply to your participation in the Program.
By opting into the Program, you agree: (a) that you are over the age of 18; and (b) to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages from us, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or opting in, or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Message & Data rates may apply. Check your specific plan and contact your telephone provider for details. You are solely responsible for all charges related to messages, including charges from your telephone provider.
Message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which messages are sent and we will notify you when we do so. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of our control. Company, our service providers and the mobile carriers supported by the Program are not liable for delayed or undelivered messages.
To opt out (stop receiving messages from us relating to the Program), reply “STOP” to any message you received from us on your mobile device. This is the easiest and preferred method to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. The Program may recognize or respond to additional commands and keyword queries. Thus, you may receive additional informational text messages based on your interaction with the Program, even after opting out of receiving the Program’s recurring alerts. You acknowledge and agree that, notwithstanding any prior opt-out attempt, you consent to receive further messages from or on behalf of us that result from your continued communication with the Program. We may also provide you instructions on how to rejoin receiving the Program’s recurring mobile alerts when you opt out. You agree that you are subject to the SMS Terms, including any modifications thereto then in effect, when you resubscribe to the Program through any of the available options to do so.
If you are experiencing any problems, text “HELP” or please email us at: email@example.com.
- Dispute Resolution.
a. General. In the interest of resolving disputes between you and Company in the most expedient and cost effective manner, you and Company agree that any dispute arising out of or in any way related to these SMS Terms or your receipt of text messages from Company or its service providers will be resolved by binding arbitration (the “Arbitration Agreement”). Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these SMS Terms, or your receipt of text messages from Company or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises.
Waiver. If for any reason this Arbitration Agreement is found to be unenforceable or if you opt out of this Arbitration Agreement, YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE SMS TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
b. Exceptions. Notwithstanding subsection (a) above, nothing in these SMS Terms will be deemed to waive, preclude, or otherwise limit the right of you or Company to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. These SMS Terms and any arbitration between you and Company will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules“) of the American Arbitration Association (“AAA“), as modified by these SMS Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Company. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding Arbitration Agreement.
c. Notice; Process. If you or Company intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice“). Company address for Notice is: firstname.lastname@example.org, email@example.com, and firstname.lastname@example.org. The Notice must: (i) be sent to all the foregoing email addresses; (ii) describe the nature and basis of the claim or dispute, and include a reference to these KBP Foods Text Alerts SMS Terms and Conditions; and (iii) set forth the specific relief sought (“Demand“). You and Company will make good faith efforts to resolve the claim directly, but if you and Company do not reach an agreement to do so within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
Fees. If you commence arbitration in accordance with these SMS Terms and your claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Company agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Company made within 14 days of the arbitrator’s ruling on the merits.
d. No Class Actions. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement (except Section 4(b)) by sending a timely written notice of your decision to opt out to the following email address: email@example.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the SMS Terms (including Section 4(b)) will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us.
e. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these SMS Terms, if Company makes any future change to this Arbitration Agreement, other than a change to Company address for Notice, you may reject the change by sending us written notice within 30 days of the change to Company address for Notice, in which case this Arbitration Agreement, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Company.
Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (g) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these SMS Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these SMS Terms shall remain in full force and effect.
- Disclaimer of Warranties.
YOUR USE OF AND DECISION TO JOIN THE PROGRAM IS ENTIRELY AT YOUR OWN RISK. COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE PROGRAM, INCLUDING, WITHOUT LIMITATION, THE OPERATION OF THE PROGRAM OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED THROUGH THE PROGRAM OR WITH RESPECT TO ANY WEBSITES OR SERVICES LINKED FROM THE PROGRAM. THE PROGRAM IS PROVIDED “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS, AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON OR ENTITY; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE THROUGH THE PROGRAM OR OTHERWISE BY COMPANY. FURTHER, THERE IS NO WARRANTY THAT THE PROGRAM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR ENTITY OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, THAT THE PROGRAM, INCLUDING, WITHOUT LIMITATION, THE CONTENT, FUNCTIONS, OR MATERIALS SENT TO YOU AS PART OF THE PROGRAM, WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. COMPANY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND LIABILITIES IN CONNECTION WITH ANY USER CONTENT OR COMPANY CONTENT. NO INFORMATION MADE AVAILABLE BY OR ON BEHALF OF COMPANY SHALL CREATE ANY WARRANTY OR CONDITION. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS AFFILIATES, OR ANY PARTY INVOLVED IN OPERATING, CREATING, PRODUCING, OR DELIVERING THE SERVICES (THE “COMPANY PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THE SMS TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE OR ACCESS THE PROGRAM, INCLUDING WITHOUT LIMITATION ANY COMPANY CONTENT OR USER CONTENT, OR ANY SITES LINKED FROM THE PROGRAM, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PROGRAM OR TO YOUR DOWNLOADING OF ANY CONTENT THROUGH IT OR ON ANY WEBSITE LINKED TO IT. UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE COMPANY PARTIES ARE LIABLE TO YOU EXCEED $100. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO RESIDENTS OF THE STATE OF NEW JERSEY. THE LAWS OF SOME OTHER STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE LIMITATIONS SET FORTH IN THIS SUBSECTION MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS.
- Updates to SMS Terms.
Company reserves the right to change these SMS Terms from time to time. Any updates to these SMS Terms will be posted in connection with the Program and may be communicated to you. You acknowledge your responsibility to review these SMS Terms from time to time and to be aware of any such changes. Subject to and except as otherwise provided in Section 4(i) with respect to the Arbitration Agreement, by continuing to participate in the Program after any such changes, you accept these SMS Terms, as modified.
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these SMS Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these SMS Terms will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these SMS Terms unless explicitly stated otherwise in writing.
Effective Date: September 28, 2022
Personal Information We Collect
Information you provide to us. Personal information you provide to us through the Service or otherwise includes:
- Contact Data, such as your first and last name, email and mailing addresses and phone number, including when you participate in any of our SMS programs.
- Registration data, such as information that may be related to a service, an account or an event you register for.
- Communications, such as information you provide when you contact us with questions, feedback, or otherwise correspond with us online.
- Commercial Information, such as your purchase and usage history, goods and services preferences.
- Usage data, such as information about how you use the Service and interact with us, including information associated with any content you upload to the Service or otherwise submit to us, and information you provide when you use any interactive features of the Service.
- Marketing data, such as your preferences for receiving communications about our activities, events, and publications, and details about how you engage with our communications.
Cookies and Other Information Collected by Automated Means
We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and activity occurring on or through the Service, including but not limited to, your computer or mobile device operating system type and version number, manufacturer and model, device identifier (such as the Google Advertising ID or Apple ID for Advertising), browser type, screen resolution, IP address, the website you visited before browsing to our website, general location information such as city, state or geographic area; information about your use of and actions on the Service, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and length of access; and other personal information. In addition, we may request access or permission to certain permissions from your mobile device, including your mobile device’s contact, microphone or other features. Our service providers and business partners may collect this type of information over time and across third-party websites and mobile applications.
On our webpages, this information is collected using cookies, browser web storage (also known as locally stored objects, or “LSOs”), web beacons, and similar technologies, and our emails may also contain web beacons.
A “cookie” is a text file that websites send to a visitor‘s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. Browser web storage, or LSOs, are used for similar purposes as cookies. Browser web storage enables the storage of a larger amount of data than cookies. A “web beacon,” also known as a pixel tag or clear GIF, is typically used to demonstrate that a webpage was accessed or that certain content was viewed, typically to measure the success of our marketing campaigns or engagement with our emails and to compile statistics about usage of our websites.
Web browsers may offer users of our websites or mobile apps the ability to disable receiving certain types of cookies; however, if cookies are disabled, some features or functionality of our websites may not function correctly. Please see the “Targeted online advertising” section for information about how to exercise choice regarding the use of browsing behavior for purposes of targeted advertising.
How We Use Your Personal Information
To operate the Service. We use your personal information to:
- provide, operate and improve the Service
- provide information about our products and services
- establish and maintain your user profile on the Service
- enable security features of the Service, such as by sending you security codes via email or SMS
- communicate with you about the Service, including by sending you announcements, updates, security alerts, and support and administrative messages
- understand your needs and interests, and personalize your experience with the Service and our communications
- provide support and maintenance for the Service
- to respond to your requests, questions and feedback
For research and development. We analyze use of the Service to analyze and improve the Service and to develop new products and services, including by studying user demographics and use of the Service.
To send you marketing and promotional communications. We may send you Company-related marketing communications as permitted by law, including if you opt into any of our SMS marketing programs. You will have the ability to opt-out of our marketing and promotional communications as described in the “Opt out of marketing” section below.
To comply with law. We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.
For compliance, fraud prevention, and safety. We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the Service; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.
With your consent. In some cases we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.
To create anonymous, aggregated or de-identified data.
We may create anonymous, aggregated or de-identified data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous, aggregated or de-identified data by removing information that makes the data personally identifiable to you. We may use this anonymous, aggregated or de-identified data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.
How We Share your Personal Information
Professional advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.
For compliance, fraud prevention and safety. We may share your personal information for the compliance, fraud prevention and safety purposes described above.
Business transfers. We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution.
In this section, we describe the rights and choices available to all users.
Access or Update Your Information. If you have registered for an account with us, you may review and update certain personal information in your account profile by logging into the account.
Opt out of marketing communications. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the communication. You may continue to receive service-related and other non-marketing emails. You may also opt out of any marketing related SMS messages in accordance with the SMS Terms and Conditions.
Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
Choosing not to share your personal information. Where we are required by law to collect your personal information, or where we need your personal information in order to provide the Service to you, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with our services. We will tell you what information you must provide to receive the Service by designating it as required at the time of collection or through other appropriate means.
Other sites, mobile applications and services
The Service may contain links to other websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third party websites, mobile applications or online services, and we are not responsible for their actions. Other websites, mobile applications and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.
Security practicesThe security of your personal information is important to us. We employ a number of organizational, technical and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.
Retention of personal information
International data transfers
We are headquartered in the United States and have service providers in other countries, and your personal information may be transferred to the United States or other locations outside of your state, province, or country where privacy laws may not be as protective as those in your state, province, or country.
The Service is not directed at, and Company does not knowingly acquire or receive personal information from, children under the age of 13. If we learn that any user of the Service is under the age of 13, we will take appropriate steps to delete that individual’s personal information and restrict that individual from future access to the Service.
California-Specific Description of California Consumers’ Privacy Rights
- Categories of Information We Collect
Our Services collect personal information. We have collected the following categories of personal information from our consumers within the last 12 months. The sources from which we obtain this information and the ways in which we use this information are set forth in our general Privacy Statement above. We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
||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.
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
||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.
Some personal information included in this category may overlap with other categories.
|C. Protected classification characteristics under California or federal law.
||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
|D. Commercial information.
||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
|E. Biometric information.
||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
|F. Internet or other similar network activity.
||Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
|G. Geolocation data.
||Physical location or movements.
|H. Sensory data.
||Audio, electronic, visual, thermal, olfactory, or similar information.
|I. Professional or employment-related information.
||Current or past job history or performance evaluations.
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
|K. Inferences drawn from other personal information.
||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
|L. Sensitive personal information
||Social security, driver’s license, state identification card, or passport number; account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation; racial or ethnic origin, religious or philosophical beliefs, or union membership; contents of a consumer’s mail, email, and text messages unless the business is the intended recipient of the communication; genetic data; biometric information for the purpose of uniquely identifying a consumer; personal information collected and analyzed concerning a consumer’s health; or personal information collected and analyzed concerning a consumer’s sex life or sexual orientation.
We will retain your personal information for as long as we need it to provide you with our products and services. Because the length of your use of our products and services are not foreseeable, we cannot provide you with an exact timeframe for how long we retain your information. Our legal obligations may also require us to maintain your personal information for longer periods of time if your personal information becomes subject to such legal obligations. For example, if you file a complaint against us or apply for credit through us, we may have obligations to keep this information for longer periods of time in order to adequately respond to or oppose your complaint or comply with reporting requirements.
- Disclosures of Personal Information for a Business Purpose
We disclose your personal information to third parties for business purposes. When we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep any personal information it receives confidential and not use personal information it receives for any purpose except performing the contract.
We share your personal information with the following categories of third parties:
iii. Sales of Personal Information
The CCPA provides California consumers with the right to opt-out of the sale of their personal information to third parties. The CCPA defines “sale” or “sell” as disclosing or making available to a third-party personal information in exchange for monetary or other valuable consideration. We do not sell your personal information.
- Your California Rights
The CCPA provides California consumers with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
- Requests to Access to Specific Information
You have the right to request that we disclose information to you about our collection and use of your personal information over the past 12 months, and that this information be provided to you in a portable, and readily usable format, to the extent it is technically feasible to do so. You have the right to request the following:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you.
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales (if any) along with the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose along with the personal information categories that each category of recipient obtained.
Once we receive and confirm your verifiable consumer request, we will provide you with the information you request.
- Deletion Requests
You have the right to request that we delete any of the personal information that we collect or retain about you, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see below), we will delete (and direct any of our service providers that hold your data on our behalf to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service providers as permitted by law.
You have the right to request that we correct any incorrect personal information that we collect or retain about you, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see below), we will correct (and direct any of our service providers that hold your data on our behalf to correct) your personal information from our records, unless an exception applies. We may deny your correction request if (a) we believe the personal information we maintain about you is accurate; (b) correcting the information would be impossible or involve disproportionate; or (c) if the request conflicts with our legal obligations.
- Right to Opt-out of Sales or Sharing of Personal Information
We do not sell or share your personal information. If we did, California consumers have the right to opt-out of the sale or sharing of their personal information.
- Exercising Your Rights; Verification
To exercise the rights described above, please submit a request to us by one of the following methods:
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a request related to your personal information. You may also make a request on behalf of your minor child.
You may only make a request for access or data portability twice within a 12-month period. The request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We will only use personal information provided in a request to verify the requestor’s identity or authority to make the request.
We endeavor to respond to requests within 30 days of its receipt, but we are allowed by law to take up to 45 days to respond. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
We do not charge a fee to process or respond to your 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.
We cannot respond to your request or provide you with personal information if we 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.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, 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.
How to Contact Us
Please direct any questions or comments about this Policy or privacy practices to firstname.lastname@example.org. You may also write to us via postal mail at:
FQSR, LLC dba KBP Foods
10950 Grandview Drive, Suite 300
Overland Park, KS 66210